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0 Answers | Asked in Divorce, Business Law, Contracts and Family Law for California on
Q: How can I resolve account issues with E*Trade after divorce if ex-spouse is unresponsive?

I am almost 80 and live in Baja California, Mexico. My wife divorced me in December 2015, claiming no assets, but we have a joint trading account with E*Trade. When I tried to remove her from the account, E*Trade's legal department froze it and requested court documentation to remove her. She... View More

1 Answer | Asked in Arbitration / Mediation Law, Contracts and Personal Injury for Virginia on
Q: I paid $800 for parking lot accident damages. Am I fully released from liability?

I caused a minor accident in a McDonald's parking lot and offered to pay for the damages. We exchanged contact information, and they provided me with a repair quote of $780 using OEM parts. I suggested using aftermarket parts for $650 and offered an $800 payment to cover their quote. Our... View More

Jan F Hoen
Jan F Hoen
answered on Apr 16, 2025

For your protection, speak with your insurance company regarding this matter.

0 Answers | Asked in Business Law, Collections and Contracts for California on
Q: Legal justification for consistent attorney fees in debt collections

How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More

0 Answers | Asked in Contracts, Family Law and Child Support for Arizona on
Q: Legal concerns for an exclusivity agreement in Arizona including child valuation.

I'm considering creating a contract similar to a prenuptial agreement, but it would be more of an "exclusivity agreement" between two consenting adults who are not intending to marry. This contract would include a financial penalty for breach and involve specific terms related to any... View More

0 Answers | Asked in Energy, Oil and Gas and Contracts for Texas on
Q: What happens to a mineral rights owner's overpayment when an oil company sells assets to another in Texas?

When an oil and gas company in Texas sells its assets to a new company, what happens to a mineral rights owner's overpayment from the previous oil company? I was notified by my lender over the phone about the overpayment, but received no written notice, and the previous oil company is refusing... View More

0 Answers | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for California on
Q: Discrepancy in settlement offer after mediation in accident case.

After 3 years, we had mediation for my case related to an accident. During mediation, the mediator mentioned a $100,000 offer from the other party after my attorney sent a MIR report. I accepted this offer. However, two weeks later, I received a Release letter stating an offer of $85,000 instead.... View More

1 Answer | Asked in Contracts and Consumer Law for Tennessee on
Q: Can I cancel a timeshare service contract signed online within three days in Tennessee?

I signed an online agreement with the Wesley Final Group to cancel a timeshare on April 14, 2025. The timeshare is located in Tennessee. Can this service contract agreement be canceled within three days?

Patrick A. Twisdale
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answered on Apr 16, 2025

In Tennessee, the ability to cancel a timeshare service contract depends not only on state law but also on the specific terms of your agreement and the location, or situs, of the actual timeshare property. Even if you reside in Tennessee or signed the service contract there, your cancellation... View More

2 Answers | Asked in Estate Planning, Contracts and Real Estate Law for California on
Q: Is an even split of sale proceeds correct when breaking up with co-owner?

My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More

Klaus Gottlieb
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answered on Apr 15, 2025

In order to provide you with accurate guidance regarding the division of sale proceeds, one would need a few key details about the property and your arrangement with your co-owner:

1. Ownership Structure

• How is the property titled?

(For example: Joint tenancy, tenants in...
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2 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: How to address spouse's false claims in a divorce financial affidavit?

I am representing myself in a divorce case, and my spouse has submitted a financial affidavit that includes bills he does not pay. For example, he claims to be paying a cable bill, but we haven't had cable service for nearly two years. I need to file my answer to this affidavit. How should I... View More

Regina Irene Edwards
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answered on Apr 16, 2025

You don't file an answer to the affidavit. You file your own affidavit and you can challenge his at trial through cross examination.

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0 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Illinois on
Q: Am I liable for roof issues after selling a house and passing inspection?

I sold a house with a contract requiring me to hire a licensed roofer to install a new roof. However, the buyer's real estate agent informed me that I could install it myself, as I was still the owner, which I did. The roof passed inspection as sound and up to code. Now, the new owner, after... View More

1 Answer | Asked in Business Formation, Contracts and Business Law for Florida on
Q: Forming LLC in Florida with similar name and DBA process

I would like to form an LLC in Florida under the name "Visionaire Enterprise." However, this name is too similar to an existing business, "Visionaire Enterprises," in the state. I am considering using the name "Visionaire Legacy" for my LLC and filing a DBA as... View More

Martin George Prego
Martin George Prego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025

Under Florida law, here’s how your situation would play out and what you need to know and do:

1. LLC Naming Rules

Florida requires that the name of your LLC be distinguishable from any other entity registered with the Florida Division of Corporations. So, if "Visionaire...
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0 Answers | Asked in Lemon Law, Contracts and Consumer Law for Alabama on
Q: Question about attorney fees coverage in a Ford buyback case in Alabama

I have a 2024 Ford Expedition XLT, and I've received a reasonable buyback offer from Ford through my attorney, covering all expectations except for attorney fees. Ford is offering to pay $1,500 out of the $4,000 total attorney fee. The buyback is due to safety functions failing after four... View More

0 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: Can a mechanic place a lien on my vehicle without repairs or agreement?

I've left my vehicle at a mechanic's shop in North Carolina for about a year without signing any paperwork. The mechanic performed a diagnostic and determined that the engine needs to be replaced, which I had already informed them about. No repairs have been done because I haven't... View More

1 Answer | Asked in Foreclosure, Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: How can I regain my property after a foreclosure and pending court actions?

How can I regain my property after a foreclosure occurred on January 8, 2025, and the sheriff's sale was recorded on February 6, 2025? I filed a motion to rescind the foreclosure sale, a motion to stay/quash the writ of possession, and a claim for damages due to breach of contract as well as a... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 15, 2025

There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a dealership cancel a car purchase contract after 10 days due to credit issues?

Can a dealership cancel my car purchase contract after 10 days due to my credit score? When I signed the contract, there was no mention of conditional approval. I paid a $3,500 down payment, and I have since received a letter from the dealership about the cancellation.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 15, 2025

Sorry for your issues. You are in the world famous Yo Yo Scam right now. I just posted on a different forum about "the law." and I noted therein that THE LAW is what the Judge or the Jury says it is, period. The clause you speak of allegedly gives them the right to unwind the deal w/in... View More

4 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: Buyer requests Warranty Deed after Release of Lien; what's necessary?

I sold a piece of land using a Deed of Trust and Warranty Deed with a vendor's lien. The original buyer wanted out of the contract, and another buyer assumed the note. The property was transferred to the new buyer's name, and upon full payment, we issued a Release of Lien to them. Now,... View More

Anthony M. Avery
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answered on Apr 15, 2025

The release is not a conveyance. However the original notemaker and grantee apparently holds title now, so the third party should get a deed from him not you. You have already conveyed your interest and released the Deed of Trust.

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3 Answers | Asked in Contracts, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Legal actions for premature car repossession due to verbal agreement breach.

I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More

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

In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.

You also can file a lawsuit under the Texas Theft...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Texas on
Q: Tenant provided 30-day notice; lease requires 90-day. Can deposit be retained?

I am a landlord in Texas, and my tenant recently provided a 30-day notice to move out, but the lease requires a 90-day notice. They claim they informed me 8 months ago via email of their intention to possibly not renew since they intended to buy a home. The lease agreement specifies a 90-day... View More

James L. Arrasmith
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answered on Apr 15, 2025

Yes, if your lease clearly states that a 90-day written notice is required to terminate or not renew, then you’re within your rights to enforce that term. An email from 8 months ago that casually mentions the possibility of moving doesn't meet the standard for formal written notice,... View More

1 Answer | Asked in Patents (Intellectual Property), Contracts and Intellectual Property for Georgia on
Q: Who pays overdue patent fees if assignment not recorded?

I have a patent that has been issued, but the assignee has not yet officially recorded the assignment, and the maintenance fees are now overdue by one day. There is a stipulation that the assignee is responsible for the fees only after the assignment is recorded. Given this situation and having... View More

James L. Arrasmith
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answered on Apr 15, 2025

Right now, the responsibility for paying the maintenance fees falls on you, the current recorded owner of the patent. Until the assignment is officially recorded with the USPTO, the assignee is not recognized as the legal owner, regardless of what was agreed privately. This means any deadlines or... View More

2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Oregon on
Q: Can a landlord hand deliver unauthorized occupant notice?

As a landlord with a rental agreement that specifies the duration guests or family members can stay, am I allowed to hand deliver an unauthorized occupant notice? The occupant has stayed longer than permitted, and the tenant recently canceled a meeting to discuss this issue.

Gregory L Abbott
Gregory L Abbott
answered on Apr 15, 2025

Certainly you can personally deliver Notices so long as you personally hand the Notice to your tenant. Make a note of date and time. One advantage is you don't have to add an extra 3 days for mailing.

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