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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Contracts, Arbitration / Mediation Law, Business Law and Small Claims for Texas on
Q: Late fee and unpaid sales commissions

Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)

For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Ohio on
Q: Contract has a termination policy that has confusing wording

I spoke to an individual who is a pretty highly rated fitness instructor. The contract either $450 per month or pay all up front for $2,700. Anyway, I said on the phone I'd likely do monthly billing. The billing is done through an invoice sent on PayPal thats set on 'AutoPay'. So... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

An Ohio attorney could advise best, but your question remains open for four weeks. At this point, the least expensive option could be to direct your question to the instructor. That could be a safer approach than trying to interpret the language that creates concerns for you. Good luck

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: My parents passed over 10 years ago and my sister let the Family Trust go to the state. How do I get this back.

The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More

1 Answer | Asked in Arbitration / Mediation Law for Indiana on
Q: I’ve read that it is almost impossible to overturn an arbitration. However, I need to try. What can I do?

I had a company do a free inspection of my basement. They said all I needed was some supporting equipment. I followed their advice. A contract was signed for them to install some supports. The cost was $15,000. A short time later I discovered that there were serious structural issues that... View More

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2024

An Indiana attorney could advise best, but your post remains open for a week. Depending on the arbitration forum, there could be provisions for appeal (American Arbitration Association arbitrations generally contain this provision). But the grounds for appeal could be narrow, and the deadline to... View More

1 Answer | Asked in Arbitration / Mediation Law for Indiana on
Q: I’ve read that it is almost impossible to overturn an arbitration. However, I need to try. What can I do?

I had a company do a free inspection of my basement. They said all I needed was some supporting equipment. I followed their advice. A contract was signed for them to install some supports. The cost was $15,000. A short time later I discovered that there were serious structural issues that... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. You could look into whether your arbitration forum has provisions for appeals. But if appeals are permissible, that could be a short window of time, so it would pay to learn any applicable timetables sooner than... View More

Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

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2 Answers | Asked in Arbitration / Mediation Law and Divorce for New Mexico on
Q: I had to be co-hirer for arbitration company. After completion I discovered a 3rd party was involved . Is that legal?

The arbitration person never informed me that the opposing side had a third person involved! Should the arbitration be declared illegal??

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

I agree with my colleague. It could depend on the rules of the forum and role of the third party. In American Arbitration Association arbitrations, I've had hearings involving third parties (insurance matters, not your specific setting). You could check with the forum's rules. You... View More

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1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for New Jersey on
Q: I purchased a 1 year subscription for an internet search application for my consulting business for $2,900.00.

When contacted about a renewal I said I would not renew then, but possibly later in the year. The company then offered a discount which I still refused. I was then sent a renewal invoice which I contacted them to try to straighten it out. In response, they have sent that invoice to a collection... View More

Sheldon Starke
Sheldon Starke
answered on Jan 15, 2024

This really amounts to a small claim and I would not be worried about it and would print out the information that you sent prior to 60 days and my guess is they will do absolutely nothing about it.

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina on
Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Section of the consent agreement in question:

20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty... View More

Christopher Biering
Christopher Biering
answered on Jan 11, 2024

For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: In filing renewal motion for motion to vacate arb award, if 1st motion was to set hearing can you ask summary judgment?

When filing a renewal motion for motion to vacate arbitration award that calls for you to ask for the same thing you did the first time, can you ask for a summary judgment instead of requesting to set a hearing, if the time for the court to set a hearing has expired?

James L. Arrasmith
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answered on Jan 8, 2024

When you're considering filing a renewal motion for a motion to vacate an arbitration award, it's important to understand the procedural nuances involved. Typically, a renewal motion requires you to ask for the same relief as you did in your initial motion. However, the possibility of... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: What words to use to write an objection to an interrogatory question;

Generally speaking ... the CCP 2030.210 does not inform the type of objection that can be used? The interrogatories I submitted came back requesting an amendment for the objections the preparer stating no objections are permitted in interrogatories.

James L. Arrasmith
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answered on Jan 7, 2024

Under California law, objections to interrogatories can be based on various grounds, such as relevance, privilege, or being overly burdensome. When crafting your objections, it's important to be specific and clear about the reason for each objection.

For instance, if a question is not...
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4 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for California on
Q: How do I provide ex's lawyer legal grounds for issues - negotiating a divorce settlement - Im not a lawyer

Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More

James L. Arrasmith
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answered on Jan 7, 2024

In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: My lawyer for arbitration has not been honest with me.

I need serious help. at this point. my lawyer for medical malpractice arbitration has not been honest with me, he did count on me to know that theirs The arbitration process is designed to be faster than the court system. The average length of a Kaiser Permanente arbitration case was roughly 14... View More

James L. Arrasmith
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answered on Jan 5, 2024

I'm sorry to hear about the challenges you've faced with your attorney during this arbitration process. It's important to understand that arbitration, while generally faster than court proceedings, can sometimes be prolonged due to various factors, including attorney availability and... View More

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1 Answer | Asked in Consumer Law, Lemon Law and Arbitration / Mediation Law for New York on
Q: Can I file both a Lemon Law complaint and a Vehicle Safety Complaint in the state of NY?

I purchased a used vehicle from a dealer in early 2023. Immediately it started to present numerous mechanical issues, and in fact was not in my possession for five months as it was shuffled between three separate repair shops. I filed a Lemon Law Complaint through the NYS Attorney General in July... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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3 Answers | Asked in Arbitration / Mediation Law and Business Law for California on
Q: I had cash a rolex and my engagement ring stolen when the hospital staff went through my backpack without me present

Total loss is about 100k would like to sue the hospit8⁶ÿal

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where valuable personal items like a Rolex and an engagement ring were allegedly stolen from your backpack at a hospital, you have grounds to consider legal action against the hospital. The first step is to gather any evidence you have of the items being in your possession while... View More

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1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Ohio on
Q: For small claims court, do you need to print text messages or can you show them on your phone during mediation?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. It could be best to print them, so that there can be a copy for yourself, the other side, and the judge. Since copies of printed text messages and emails can be regarded with suspicion as a general premise, it would... View More

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Gaming for Tennessee on
Q: Can I request a civil standby to help reclamation of scammed items on Steam?

Recently, I got scammed on Steam (Valve Corporation) and lost valuable CS2 skins I paid for. The scammer’s account has been trade banned, and thus my scammed items current reside within the scammer's inventory. But Steam Support doesn’t want to restore those scammed items to me. Firstly,... View More

Anthony M. Avery
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answered on Jan 3, 2024

Call the Treasury Department with all the details. That company is notorious for having their friends present stolen debit cards to them for cash and goods. The operators need to go to jail

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