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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can an Attorney file a Motion Limine to prevent Mediation mentions then file the Agreement w/exhibits and address court?

If you are entering an Legal Malpractice Arbitration from a Personal Injury Mediation, can the Attorney file a Motion Limine ordering you not to speak a word about the Mediation then simultaneously file the Mediation Agreement and relative files with their exhibits and include multiple references... View More

James L. Arrasmith
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answered on Aug 17, 2024

In California, filing a Motion in Limine to prevent the mention of mediation in arbitration is possible, as mediation communications are generally protected under the California Evidence Code. However, it would be inconsistent and potentially problematic for the attorney to then file the Mediation... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Hello- I am a licensed contractor in CA. I lost a binding arbitration case, and client is refusing insurance payment

Client is refusing to sign release form from my liability insurance. Contractors board is threatening to suspend my license. What can I do

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

An arbitration award turned into a judgment may be executed on without the requirement for the creditor to sign a release. But, the judgment creditor should agree to a release in exchange for fast payment. In any event, on payment of the judgment, a sanctification of judgment is required to be... View More

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1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for California on
Q: Arbitration award on Unlawful detainer, motion to confirm judgement or needs motion to amend limited to unlimited?

Note - I have an attorney who is only reachable through paralegals and communication has been hard due to some language issues. So, reaching for an opinion so I ask the right questions back. An unlawful detainer that started off as a limited case (less than or equal to $10,000) took months together... View More

James L. Arrasmith
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answered on Aug 15, 2024

You should discuss these steps with your attorney or their paralegal to ensure they file the appropriate motions to both amend the jurisdiction and confirm the award, so you can enforce the judgment without unnecessary delays.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Ohio on
Q: Mediation and our marital home

We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2024

A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: I need help in regards to child custody my in-laws have my children and I'm their mother who still has my parental right

I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.

James L. Arrasmith
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answered on Aug 11, 2024

Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More

1 Answer | Asked in Arbitration / Mediation Law for Mississippi on
Q: i need legal help to get a mediation done pro se and the opposing council is refusing to get us the ordered mediation
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

A Mississippi attorney could advise best, but your question remains open for over a week. Until you're able to discuss with local attorneys, you could look into legal aid organizations. You could also check with state and local bar associations whether they have resources for finding pro bono... View More

Q: Whats the next step?

If my case wasn't granted an appeal until 1 year later and because of the delay in the I had a hearing the judge automatically went to deference in the mean time then at my appeal hearing I was told the appellant judge didn't have jurisdiction to grant the appeal what do I do next when... View More

Jennifer Setters
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answered on Aug 12, 2024

Navigating the appeals process can be quite complex, especially when there are delays and jurisdictional issues involved. If your appeal was delayed and the appellant judge determined they didn’t have jurisdiction, it’s important to understand why this decision was made and what your options... View More

1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Arkansas on
Q: Is it legal for my in network dentist to refuse to file charges for services on my insurance plan?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on the dentist's contract with the insurance carrier, whether they are a participating provider, and other possible conditions. If you signed an AOB (assignment of benefits), that would probably... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I filed a Motion to Compel Arbitration and Dismiss the case. The plantiff didnt respond Can I file to have it dismissed?

I was sued by a law firm representing Discover bank.

James L. Arrasmith
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answered on Jul 24, 2024

Yes, you can file to have the case dismissed if the plaintiff did not respond to your Motion to Compel Arbitration. Generally, if a party does not respond to a motion within the specified time frame, the court may consider it unopposed and grant the motion.

First, check the local court...
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1 Answer | Asked in Bankruptcy, Contracts, Arbitration / Mediation Law and Banking for Maryland on
Q: Can my car lease be repossessed from defaulting on a unsecured credit card within the same bank?

I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More

James L. Arrasmith
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answered on Jul 24, 2024

When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More

1 Answer | Asked in Personal Injury, Wrongful Death, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: Can I sue a county jail for negligence in Texas?

The jail was cited 30 days later for leaving 3 doors unsecured which resulted in my son obtaining a jailer’s personal keys and escaping, led police on a chase and ended with police shooting my son in the back and killing him.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

1 Answer | Asked in Arbitration / Mediation Law, Banking, Business Formation and Business Law for Alaska on
Q: Received information one won that of dispute. Curiou[s] a[s] to how to collect financial reguard[s].

Medical Malpractice dispute requesting 049,999.099 curiou[s] a[s] to how to collect that of finance after winning. In Example: Court Fee[s] v[s] Credit Score, Federal Building[s] and Mailing Instruction[s] v[s] Postal Service Insurance.

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

An Alaska attorney could advise best, but your question remains open for two weeks. Some of the details of your post aren't fully clear. Are you saying you received information that you won a medical malpractice case for an amount in the order of [$49,999.099 - ??] Be careful - it seems like... View More

1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

3 Answers | Asked in Personal Injury and Arbitration / Mediation Law for California on
Q: What action should one take if they find the Mediation Agreement had only 1 signature line but 2 Plaintiffs.

What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

As my colleague advises, look into whether one party has the right to sign for both. Otherwise, it's possible (not definite, but possible) that the absence of a second signature could invalidate the agreement. One option, if the issue remains unresolved, would be to review the agreement with... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Civil Rights on
Q: ¿Por qué puedo ser culpado de hacer el bien?

¿En qué circunstancias me piden que mi bien sea pero que el bien de otro ser humano?

James L. Arrasmith
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answered on Jul 28, 2024

Puede que te culpen por hacer el bien cuando tus acciones, aunque bien intencionadas, tienen consecuencias negativas no deseadas. Por ejemplo, ayudar a alguien podría causar daño o resentimiento a otros sin darse cuenta. Esto puede suceder cuando sus acciones se perciben como favoritismo o cuando... View More

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Virginia on
Q: What kind of lawyer could handle a dispute over matters of a trust dispute between co-trustees?

My sister(co-trustee) has spent her own money on lawn maintenance at my deceased father's house and now is demanding to be reimbursed from the trust. The trust clearly states that while she is living there she is to assume responsibility for general maintenance, upkeep, utilities, etc. It also... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. What kind of attorney? You could reach out to attorneys who handle trusts, wills, and estates. You're correct in your selection of the "Arbitration/Mediation" heading for your matter, since you are... View More

1 Answer | Asked in Arbitration / Mediation Law for Kentucky on
Q: I am looking for a pro bono lawyer who is willing to help me with my case it ie a post Divorce case in Alexander County

The case is 2010-D-11 I am a retired service member that cannot afford an attorney

Tim Akpinar
Tim Akpinar
answered on Jul 14, 2024

A Kentucky attorney could advise best, but your question remains open for a week. In addition to directly searching for pro bono attorneys, you could try looking under legal aid organizations. You could also check with attorneys who practice military law/veterans' benefits if your status as a... View More

Q: I need a business litigation lawyer probono where can I find this help for a native Mexican women business part owner

Azdhs license billing that opened a memtal behavior health clinic to help natives

I'm the licenses holder

Native exploitation for me and 2 others possibly 3

Had a agreement changed operating agreement multiple times

Paid cap out in increments made it sound and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with Arizona attorneys familiar with local legal resources, one option might be to look into legal aid organizations or state & local bar associations. Good luck

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