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Arbitration / Mediation Law Questions & Answers
0 Answers | Asked in Consumer Law, Real Estate Law and Arbitration / Mediation Law for South Carolina on
Q: Can a builder buy back a house due to foundation issues and other anomalies ? The house is almost out of warranty.

Closed on a new construction on 01/30/2024 . Had multiple minor issues with the house that the builder always fixed after I sent a email to the warranty company. Recently, I noticed that the subfloor is getting uneven, I realized that the water was entering the foundation walls and made the footers... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: When was SCRAM approved by the Legislature in California to be used as a bail alternative?

Hi I go to Peppedine university and taking pre-law. For a class paper we have to do research on the DUI cases. So I choose to mine on the SCRAM device, so far I can't find anything from the state legislature side about the implementation of the device. I have looked into the bail elimination... View More

James L. Arrasmith
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answered on Jan 17, 2025

Frank, your research question about SCRAM's legislative approval in California touches on an interesting gap in the state's criminal justice system. After reviewing California legislative history, I haven't found specific legislation that formally approved SCRAM as a bail alternative... View More

0 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Construction Law for Florida on
Q: Builder didn't disclose the fact that I would have a restriction associated with the lot I purchased for my new house.

Property in Sarasota, Fl and will close in 45 days. This restriction has cause a 6' x 14' section of driveway to be omitted rendering my house to look different from the same houses in the community. Was told the driveway would be too close to the sidewalk. Plans were approved by builder... View More

0 Answers | Asked in Arbitration / Mediation Law on
Q: My small business created in 1986 as an incorporation is now defunct and exists in Name Only. No assets.

Owes $8K to bank. I’m being sued by bank.

I need atty to help me mitigate. Can you help or put me in touch with atty near zip 30252?

1 Answer | Asked in Contracts, Personal Injury, Arbitration / Mediation Law and Domestic Violence for Texas on
Q: My ex illegally evicted me, I was homeless for 4 months. Can I recover $6000 it cost me + pain, suffering in small claim

He was psychologically abusing me for months, when I finally confronted him about him intentionally changing our moving plans at the last possible moment, and postponing the move for ridiculous reasons, He left me in the desert 40 miles from anything. I had to hitchhike for hours and found him at a... View More

John Michael Frick
John Michael Frick
answered on Jan 15, 2025

Yes, Texas recognizes a lawsuit for wrongful eviction. Because the damages are $20,000 or less, you should file this case as a small claim in the justice of the peace court where the premises are located. In JP court, you do not need an attorney. The cost of an attorney would ordinarily be more... View More

3 Answers | Asked in Family Law, Real Estate Law, Arbitration / Mediation Law and Probate for California on
Q: ambulance picked dad up from that point forward I wsn't allowed to go over, my aunt said so I doubt will even find will

I feel like I have been robbed of my inheritance, my aunt took it upon herself to be in charge of all of my dad's belongings, the deed was under both my father and his sisters name, she sold it and has not once reached out to talk to me and my sister, the beneficiaries since my dad and mother... View More

James R. Dickinson
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answered on Jan 14, 2025

I'm not sure this is a family law question. Speak with a local attorney regarding your matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... View More

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Q: Where do I find a lawyer to assist me with the complications that AT&t has created for me and my business

AT&t's agents have created a disaster for my business wireless account if they have lied to me I have been misled and every time I've talked to them they have messed up my account in some way. And now my account is flagged, I am paying but I have no access to my account and whenever... View More

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: Do I have to pay my attorney's percentage fee even if the opposing party wants to settle with me directly?
Tim Akpinar
Tim Akpinar
answered on Jan 18, 2025

An Arizona attorney could advise best, but your question remains open for a week. Unfortunately, there isn't a quick direct answer to your question that comes with any guarantee. It will depend on the terms of your retainer agreement, how your attorney sees things, how much work they did on... View More

0 Answers | Asked in Arbitration / Mediation Law and Divorce on
Q: Divorce proceedings and Equitable Distribution

Hi, my husband initiated the divorce proceeding and a case of equitable distribution is ongoing in North Carolina however, we were married for five months and I was in United States on a tourist visa and there after came back to Canada as I am a Canadian citizen the order entry date for equitable... View More

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Alabama on
Q: Is it possible for me to obtain ownership of land that has been enclosed within my fence for around 80 years?

My family homestead the property that we live on in February of 1924. Our pond was dug when my grandmother was a young teenager and she is now 83. According to property lines, from about the last third of our pond back to where our fence is located, is technically not part of our land. However the... View More

Anthony M. Avery
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answered on Jan 10, 2025

Hire an AL attorney to search both adjoining properties' titles. Acquiescence to the ascertainable boundary line (fence and corners) should convey title to you. It is a little different than adverse possession. You will have to file a boundary dispute unless you can get and record a... View More

0 Answers | Asked in Arbitration / Mediation Law and Divorce for South Carolina on
Q: Is the “filing date” the divorce filing date or the qdro filing date??

HUSBAND'S ASSETS: Husband has a 401k plan with Fidelity through his employer and a Crypto investiment account. The parties agree that the parties shall equally divide the value of Husband's 401K account as of the date of filing together with any passive gains or losses since that time via... View More

0 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Michigan on
Q: To whom this may concern, I need a lawyer in Mich., to help me sue a business in Az. Some details below, I have more.

Business offered a product I needed for, just shy of $3500.00. In mid Sept. of 2024, spoke to a sales agent Michael, purchased with a Visa over the phone. I was informed that it would take 4 to 6 weeks to get my order. At the end of Oct. 2024, called and was transferred to a Mr. Armondo (Sales... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I want to confirm my arbitration. How long do I have to do so?

I won an arbitration in March of 2019 which was to reinstate my employment and give back pay. I never certified my award due to lack of knowledge of how and when I was supposed to. Factor in that a second arbitration was scheduled and heard in a 30-day timeframe and by the same arbitrator. The... View More

James L. Arrasmith
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answered on Jan 7, 2025

In California, you typically have 4 years to confirm an arbitration award under Code of Civil Procedure Section 1288. However, your situation presents unique complexities due to the second arbitration occurring within 30 days of the first one.

The fact that the second arbitration superseded...
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1 Answer | Asked in Consumer Law, Contracts and Arbitration / Mediation Law for California on
Q: TILA Violations and Excessive Charges

i sign the contract 07-05-20 .also the contract is 553 ca arb .My car loan contract was sold to a debt collector, but I was not informed about this transfer properly. The loan company falsely claimed I was late on payments, repossessed my car without certified notice, and the repossession company... View More

James L. Arrasmith
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answered on Jan 4, 2025

Your situation involves several potential TILA and consumer protection violations that could form the basis for legal action. The failure to provide proper notice of loan transfer, improper repossession procedures, and damage to your vehicle during repossession may all violate California law and... View More

1 Answer | Asked in Arbitration / Mediation Law for Alabama on
Q: Following my parents death, my sister, their POA while living, texted me a copy of both their updated Will's, dated

7/26/2012, stating that the Will's they had given us in April, 2006, were old Will's and no longer in effect. She then said in these Will's they still divided everything 50-50, but my 50% they had designated to be put in a DISCRETIONARY SUPPLEMENTAL NEEDS CARE TRUST, which had been... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

An Alabama attorney could advise best, but your question remains open for two weeks. Although "Arbitration/Mediation" (the chosen category of your post) can be a general means of dispute resolution, you would be better off reposting under "Probate" and "Estate... View More

0 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Landlord - Tenant for Montana on
Q: How binding is a no trespass order in montana if I'm taking g care of my spouses affairs while he is ill.

If I'm my husband's P.O.A. , can I go against a no trespassing order so that I can take care of his buisnes?

0 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law and Small Claims for Massachusetts on
Q: What are the steps to and evidence necessary to sue landlord and the city for collusion and criminal neglect ?

Property manager was caught lying about alot so after finding her useless and my place unacceptable I brought into the local BOH, over 9 inspections over the last 19 months they cited many violations , including state minimum sanitary code , the property manager ignored every work order and... View More

2 Answers | Asked in Arbitration / Mediation Law for Texas on
Q: Before my arbitration was final my attorney sued me on behalf of a codefendant. Is this grounds for a mistrial?
John Michael Frick
John Michael Frick
answered on Dec 24, 2024

Generally speaking, there is not a “mistrial” in arbitration proceedings.

But arbitrators have broad discretion within the rules of the selected tribunal to reopen proceedings and to hear new evidence.

You should hire a new attorney to represent you in the arbitration to...
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1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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