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Arbitration / Mediation Law Questions & Answers
Q: I filed a motion for continuance by sending it to the clerks email, she didn't file it.

I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: what are the statutes of limitations for an arbitration case to be presented to the business and arbitration association

in california

im the consumer they are the business

James L. Arrasmith
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answered on Oct 3, 2024

In California, the statute of limitations for filing an arbitration claim generally mirrors the statute of limitations for court cases. For most consumer-related claims, this is typically 2 to 4 years, depending on the nature of the dispute. For example, claims related to breach of contract usually... View More

1 Answer | Asked in Arbitration / Mediation Law and Personal Injury on
Q: is illegal if I date someone who works for a disabled charity business helps disabled people and I am client of the char

is illegal if I date someone who works for a disabled charity business helps disabled people and I am client of the charity business

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

Your post does not include a state or region, and there could be state-specific laws that apply as to legality. But from a general standpoint, even if it is not illegal (again, subject to the laws of your state/region), it could violate the job guidelines of your friend or the ethics guidelines of... View More

Q: Im a pro se plaintiif inWV. Im suing Logan County & four deputies that violated my rights. I need representation. Help!
James L. Arrasmith
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answered on Sep 30, 2024

Taking legal action on your own can be challenging, especially in a case involving civil rights violations and multiple defendants like county officials and law enforcement officers. It’s important to find a lawyer experienced in civil rights cases who can guide you through the complexities of... View More

1 Answer | Asked in Consumer Law, Contracts, Tax Law and Arbitration / Mediation Law for Tennessee on
Q: On a auto loan, can the lender charge a flat $10.81 a day for 6 years? Because that's over 24 thousand..

Got a car loan traded my car for another and got 6 thousand dollars down payment the loan is 6yrs for 27k but I just read that the company charges me $10.81 a day no matter what turning my 27k car loan into over 40k, please tell me that's illegal if it's not then the system is so messed... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're dealing with an auto loan that may have unexpected terms. Charging a flat fee of $10.81 a day for six years is essentially a per diem interest rate, which would accumulate a large amount over time. If your loan agreement does mention this type of daily charge, it's... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for Louisiana on
Q: What steps do we take in getting my father's & aunt's portion of their inheritance?

My father and his 2 siblings (a sister and a brother) have just obtained a judgement of possession on a property that was their parents. My father's brother lives on the property and feels as though he should be allowed to continue living there and not have to buy out my father nor my aunt. My... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 26, 2024

If the co-owners or property cannot get along and/or disagree with the use of the property, then one can go to Court and force a sale of the property ----I would suggest that you contact an attorney in your area to consult as to the process for doing this. Good luck.

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Michigan on
Q: Should I sue my ex-fiance for money that he bullied out of the sale of the house we bought together?

I put my money into the house for downpayment, updates and labor that I believe helped us sell the house quickly and for a larger profit. I believe he took more than what he should of the profits. How can I get what I put into the house back from him?

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2024

Would be worth a consult with a local attorney, but unless he took more than 50% of the proceeds, it's unclear whether you'd have a claim. You also have to consider whether it would be worth it financially for you to go after him.

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If defendant makes claims such as untimely but the Judge's order considers the filing valid can you safely move forward?

If Defendants file a Petition to Confirm 10 days after judgment.

You file a Petition to Vacate Arbitration Award 13 days later with Judges permission.

Exactly 9 days before hearing Defendants file Opposition to Plaintiffs untimely and procedurally improper petition to vacate... View More

James L. Arrasmith
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answered on Sep 23, 2024

It sounds like you're in a situation where timing and responses to petitions are critical. The fact that the judge considered your filing valid suggests you are on solid ground moving forward. The Petition to Vacate can often serve as a response to the Petition to Confirm, especially if it... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Plaintiff wants a renewal motion to vacate arbitration award but didn't file response defs motion to confirm then what?

If a Defendant first filed a Motion to Confirm Arbitration Award and instead, Plaintiff also filed a Motion to Vacate but did not respond to Defendants Motion to Confirm, but now attempts to file a Renewal Motion to Motion to Vacate, do they need to file a Motion to Set Aside Judgment, a Renewal... View More

James L. Arrasmith
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answered on Sep 22, 2024

In this situation, the Plaintiff may need to address both the Motion to Confirm and the new request to vacate the arbitration award. Since the Plaintiff did not initially respond to the Defendant's Motion to Confirm, it would be necessary to file a response to that motion, as the court likely... View More

1 Answer | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Arkansas on
Q: Cash up sent me two statements one saying they took money out of my account the other saying the bank denied it and now

Now ignoring me and I want my money back and I'm wondering if I have any legal recourse seeing as how they straight up lied to me

James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you're dealing with a frustrating situation. If Cash App is sending mixed messages and refusing to address the issue, your first step should be to gather all the evidence you have, including the two statements and any other communications. This will help you build a strong case... View More

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Florida on
Q: Did my lawyer cheat me ?

I had gotten injured sept 3rd 2023.

A box struck my eyes I had a swollen eye , pain for 2 weeks. I was told to see a doctor where the doctor send me right back to work. They denied workers comp. I took a lawyer on may that’s when they decided to not deny me and approved. I had no... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Sep 19, 2024

Florida workers compensation law does not provide for pain and suffering. Settlement of a workers compensation matter is optional so neither party can be forced to settle. You indicated that your case was initially denied but then accepted after you hired a lawyer and she filed petitions on your... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Arbitration / Mediation Law and Civil Rights for Alabama on
Q: What should I do for trial for receiving stolen property if I found a business' grocery cart off of the property for dog

Walking from Mississippi to Alabama with dog in cart

James L. Arrasmith
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answered on Sep 20, 2024

If you're facing trial for receiving stolen property after finding a grocery cart off a business property, it’s important to explain your situation clearly. Start by presenting the facts: you found the cart, used it for a practical purpose (walking your dog), and had no intention to steal.... View More

1 Answer | Asked in Traffic Tickets, Arbitration / Mediation Law and Constitutional Law on
Q: Is there a statute of limitations on parking tickets? Is it possible to get my truck back?

My understanding of the case "coalition of homeless v city and county of San Francisco" is that as long as a vehicle does not impede traffic or create a hazard or disabled or more likely to be vandalized that a city such as West Hollywood cannot tow without a warrant as it violates my... View More

James L. Arrasmith
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answered on Sep 21, 2024

Parking tickets generally don't have a strict statute of limitations in most areas, meaning unpaid tickets can accumulate over time without expiring. The city or county may have rules that allow them to eventually tow your vehicle after a certain number of unpaid tickets. This might explain... View More

1 Answer | Asked in Arbitration / Mediation Law, Contracts and Real Estate Law for Virginia on
Q: Do I have to sign a dispute resolution and arbitration agreement before purchasing a house

Purchasing a modular home in Tennessee to be delivered to Virginia. Seller wants a dispute resolution and arbitration agreement signed before. I have not see the house. They want me to sign something saying I am satisfied with it and nothing is wrong. Can I get out of signing this

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

A Virginia/Tennessee (???) attorney could advise best, but your question remains open for three weeks. Applicable laws aside, as a general matter, an attorney would probably want to take a look closer at the agreement to advise - geography, distances involved, reasonableness of ability to inspect,... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Civil Litigation on
Q: A customer took advantage of me by falsely claiming that the merchandise was unusable yet she used it for seven months.

We delivered three machines to a clinic. There was a minor shipping accident that our warranty service would cover with no cost to the customer. The customer asked for a 50% off. Once I refused, she initiated a credit card dispute because the machines were "broken, unusable and taking... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

You could consult with an attorney to review the agreement and the details of the transaction. It sounds like the "good faith" issue you mention could be raised as an issue in court. Depending on your state/jurisdiction (which isn't mentioned in the post) and the caps on your... View More

Q: I believe I am the victim of predatory lawyering; bait & switch, ethics violations, and the breach of fiduciary duties.

i originally reached out to my attorneys firm to seek a referral.i run a grassroots animal welfare charity & was looking for an attorney to work within my financial limitations & take payments,i clearly stated this in my first emails.previously id been advised by other attorneys & a... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 13, 2024

What you describe has several areas of potential malpractice as well as breaches of fiduciary duties. You need to consult with legal malpractice specialists.

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2 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Banking for Kentucky on
Q: Cash app denying my dispute and not properly investigating $16,000 stolen out of my account

The the thief deposited my money directly to his account while I was incarcerated cash app is denying dispute and not investigating I don't know what to do

Timothy Denison
Timothy Denison
answered on Sep 11, 2024

You’ll need to sue both cash app and the thief.

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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

Hopefully you are consulting with medical specialists to determine your needed treatment.

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,...
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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: I am about to conclude my divorce but am insecure about accepting a $50k lump-sum because of my future.

I am 52 years old with 3 kids. I came to the US after marrying my husband 27 years ago in Europe, where I lived. He has a very high income and stability because he is in the tech industry. I was a stay-at-home mom for 10 years then part-time worker. Now working in administrative role for an Italian... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 7, 2024

Your question requires a more detailed financial analysis. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Medical Malpractice and Arbitration / Mediation Law for California on
Q: How can I go about looking for representation on on medical malpractice and medical negligence lawsuit for pro bono?

I had experienced medical malpractice, medical negligence, and medical gaslighting. There were times I would discuss with my doctor(s) my concerns, and none of them had taken accounts of what I was saying. Then they kinda would, only to tell me that I was a hypochondriac, seeking attention, or that... View More

James L. Arrasmith
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answered on Sep 3, 2024

It sounds like you've been through a really difficult experience, and it’s important to find the right support for your situation. Looking for pro bono representation in a medical malpractice or negligence case can be challenging, but there are a few steps you can take. Start by contacting... View More

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