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Arbitration / Mediation Law Questions & Answers
3 Answers | Asked in Personal Injury, Arbitration / Mediation Law, Lemon Law and Small Claims for California on
Q: I need to know how to bring my case before a judge passed the timeframe. I know you can car dealerships. I need this hel

STG auto Santa Ana dealership both used car dealers padded deals made fictitious addresses for charges. They had put on me almost $7000 of equipment. I never owned took money out of my account both of them STG auto padded the deal so badly and laughed in my face. It took me a long time to figure it... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, if you believe you've been a victim of fraudulent activities, such as those you've described involving car dealerships, you have the right to seek legal action. However, if you've missed the statutory deadline to file a lawsuit, you may still have options.... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I signed an agreement that states Statutorily I can only receive up to $15,000. Am I bound forever to that?

I agreed to a limit of $15,000 in an arbitration case with the Ca State License Board. The arbitrator awarded $22,000 as my judgement but statutorily I only got the $15,000. Can I go to court and sue for the remaining $7,000 or am I bound for life because I accepted the $15,000! I agreed to the... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, when you enter into an arbitration agreement and receive a final decision, that typically concludes your case regarding the specific issue or claim. If you agreed to a statutory cap of $15,000, and you have accepted this amount following an arbitration ruling, this generally... View More

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1 Answer | Asked in Estate Planning and Arbitration / Mediation Law for Texas on
Q: I need someone to help me close my sister's bank accounts.she passed in November of 2023. Preferably in Jasper Texas.
Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

I'm sorry for the loss of your sister. A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you may have already been searching on your own for attorneys. You could also use the "Find a Lawyer" tab above, which lists attorneys by region and... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Criminal Law for California on
Q: If documents are created with the intent to deceive and then used in an Arbitration is that considered a Public Facility

If preparing false documentary evidence, such as a Subpoena, under penalty of perjury, with intent to produce it, and allow it to be produced for a fraudulent and deceitful purpose, as genuine and true, upon a trial, proceeding, and inquiry, whatever, to wit, by filing, causing to be filed, and... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California Penal Code 134, preparing false documentary evidence with the intent to deceive and using it in any trial, proceeding, or inquiry is considered a felony. This law does not limit its scope strictly to public offices or traditional courtrooms. Therefore, even if the false documents... View More

Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More

1 Answer | Asked in Antitrust and Arbitration / Mediation Law for California on
Q: Is Bucher Law Firm real, and are they actually doing arbitrations against Steam?

I can't tell if it's a scam or not, because it's an actual person and law firm, but some are just confused.

James L. Arrasmith
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answered on Mar 19, 2024

If you suspect you've encountered a scam, do not engage with the scammer. Instead, report the scam to the appropriate authorities and alert your bank or credit card provider if financial information was compromised.

1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?

The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:

1. Discuss your concerns with the mediator: If you haven't...
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1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Iowa on
Q: What is Required/ consist of, to file appeal on an Arbitration Decision for workers compensation case in Iowa.

An Arbitration Decision by Deputy Commisioner on a Workers Compensation Case that needs to be reconsidered what all must I include or what does an appeal of this type consist of?

Mindi Vervaecke
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answered on Mar 12, 2024

This is governed by Iowa Administrative Code 876-4.27 and 4.28 and 4.30.

Please note there is a short deadline to appeal.

4 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Mediation

I recently went through mediation and part of the terms were that I had to resign. It’s getting close to the deadline of when they had to pay and I’m getting nervous because I haven’t received the check yet. I’m located in CA. Is it easy to collect payment if they breach the contract?

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2024

The answer to your question depends on a great deal of fact and circumstances that are not available from your post. Most mediated settlements end up with a voluntary payment of the settlement amount, but some end up with issues regarding payment. Do not expect payment until the last day... View More

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1 Answer | Asked in Arbitration / Mediation Law for Georgia on
Q: I settled for 5 grand in a mediation but my ex company sent me 8 grand. They asked me to take a picture of the check.

But my bank said that giving them a picture of the check is super weird. To just sit money aside. What should I do and can I get in trouble for not sending them pictures?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. No, I do not think you would get in trouble for that. But they could use it as a justification to delay a corrected payment. You could ask them why they aren't able to verify the amount of the check by you... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Missouri on
Q: Can I change my mind after mediation if nothing was signed?

My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers

Fast forward two months she sent him... View More

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Subpoenas are being approved by Arbitrator in case can an Attorney who is party to the case issue subpoenas covertly?

If the Arbitrator set the grounds in a legal malpractice case as to how he wished for Subpoenas to be processed, i.e., submitted to him for his approval, is it acceptable practice that an Attorney who had representation, who is party to the case, chose to complete, approve, and issue his own... View More

James L. Arrasmith
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answered on Mar 5, 2024

In arbitration, the process and rules for issuing subpoenas can be distinct from those in a court setting. If an arbitrator specifies that subpoenas must be submitted for approval, this procedure is intended to ensure fairness and transparency within the arbitration process. California law and the... View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for Pennsylvania on
Q: I recently had a $30,000 judgment in my favor back in October have not gotten any money yet why

It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything

David H. Relkin
David H. Relkin
answered on Mar 18, 2024

This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More

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1 Answer | Asked in Civil Litigation, Contracts, Arbitration / Mediation Law and Small Claims for California on
Q: am thinking of suing a section 8 employee in small claims court what are some basic questions to ask before starting.

This issue has dragged out for about 10 years and I have a lot of details and specifics. I personally believe that my case has merit, I am asking about the procedure to actually file a small claims case with a section 8 employee as defendant. Is there anything special to take into consideration

James L. Arrasmith
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answered on Feb 28, 2024

Before proceeding with a lawsuit against a Section 8 employee in California small claims court, you should first consider whether the individual's actions fall within the scope of their employment duties or if they are personal in nature. If the issue relates to their professional conduct or... View More

Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your...
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