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0 Answers | Asked in Business Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Does our HOA have a fiduciary duty to enforce rules to maintain our community's private status?

I live in a "private" community managed by an HOA, where residents are required to purchase parking permits and badges to use our amenities, such as a private lake and trails. Despite signage indicating "private, residents only - towing enforced," the HOA management allows... View More

0 Answers | Asked in Criminal Law and White Collar Crime for Texas on
Q: Will charges be filed for accidental credit card use on eBay?

I accidentally used a credit card found in my mailbox, belonging to someone else, to purchase a $3,000 item on eBay. I realized the mistake a few hours later and unsuccessfully tried to cancel the order. The item has been shipped, and I expect to receive it today. I haven't taken any further... View More

Q: How can I protect my son's identity and benefits while managing his mineral rights?

I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More

0 Answers | Asked in Traffic Tickets for Delaware on
Q: First offense cell phone citation fine discrepancy in DE

I received a citation in Woodside, Delaware, under 21 DE Code § 4176C (2024), for cell phone use while driving. This is my first offense of this nature, yet my citation is $205. Isn't a first offense only supposed to be $100? There were no additional charges on my citation.

0 Answers | Asked in Criminal Law and Domestic Violence for Vermont on
Q: Legal strategies for a Vermont case involving domestic assault accusations with mental health factors involved.

My friend is involved in an ongoing legal case from 2023, where he is accused by his ex-girlfriend of domestic assault, unlawful restraint, aggravated domestic assault, and burglary. These charges arose after he visited her at 4 a.m. to retrieve his dog following their breakup due to her mental... View More

3 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: Is it legal for a mortgage company to sell a house without informing the deed holder?

My mother and I bought a house together, with the mortgage solely in her name. After her passing, I, being on the deed, inherited survivorship rights. Unable to keep up with the mortgage payments, the house went to auction but wasn't sold. I was told I had six months to sell or move. However,... View More

David Soble
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David Soble
answered on Apr 16, 2025

The lender can sell the property at a sheriff's sale. At the time of sale, if no one else bids on the property, then they are considered the successful bidder, and they have an interest in the home subject to your redemption rights (6 months). During this time, they can assign out their... View More

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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 Divorce and Family Law for Alabama on
Q: How to file a divorce agreement in Alabama without children or property?

I am looking to file a divorce agreement in Alabama because I no longer want to be married. There are no children or property involved, and my spouse agrees to the divorce. What steps should I follow to file the agreement?

0 Answers | Asked in Probate and Civil Litigation for Arizona on
Q: How to resolve issues with missing trust funds and estate inheritance in AZ?

I am the representative of my late father's estate since 1979 and his only child and heir. I recently discovered that there was a case against Mr. Arrick, who was apparently fired and required to pay back $10,000 that he allegedly stole from the trust mentioned in my father's will.... View More

1 Answer | 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

Pavel Kolmogorov
PREMIUM
Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: Am I included in my uncle's will?

I am trying to find out if I am included in my late uncle Mike Sampani's last will and testament. My family and I are California citizens, and I would like confirmation of what my involvement, if any, is in the will. I have not seen the will myself. How can I obtain this information?

Klaus Gottlieb
Klaus Gottlieb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

To find out if you’re included in your late uncle’s will in California:

1. Contact the executor. If you don’t know who the executor is, ask family members. Executors are legally required to notify all named beneficiaries. If you’re included in the will, you should receive a formal...
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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 Small Claims, Libel & Slander, Civil Rights and Personal Injury for Tennessee on
Q: Suing for defamation in a TN property rental dispute

Can you sue a manager or leasing company in small claims court for defamation and refusal to reapply to a low-income property? I initially applied in person while living in Tennessee to a property in Sevierville. The manager falsely accused me of harassment after I contacted them per HUD guidelines... View More

0 Answers | Asked in Business Law, Banking and Gov & Administrative Law for California on
Q: Concern about audit after church employment termination

I worked as a business manager at a church where I prepared checks and bank deposits, and entered all deposits into QuickBooks. A third-party accounting firm reconciled the books, and I counted weekly income with the secretary. I was terminated for taking vacation while accruing vacation time... View More

0 Answers | Asked in Criminal Law, Personal Injury and Juvenile Law for Washington on
Q: If a 18 year old starts an altercation with a 15 year old is that legally assault against a minor?

it started because her brother who i have a problem with said something rude and i responded and she turnt around and started assaulting me, no i didn't fight back much because i was disoriented. I don't have many scars and im relatively fine but we all go to the same school and i feel unsafe.

0 Answers | Asked in Collections and Banking for Iowa on
Q: Can my bank account be targeted by creditors if I add someone with limited access?

I'm considering adding someone to my bank account with limited access so they can help manage the account. However, I'm concerned about whether the account could be affected due to any collection situations. Can the account be targeted by creditors if I add them?

0 Answers | Asked in Probate and Civil Litigation for Michigan on
Q: How can I legally retrieve my father's belongings from his sister in Michigan?

My father passed away while living with his sister, and I'm his next of kin. There was no will, but he was the beneficiary of my grandparents' will. His sister initially allowed me to access the property but now refuses due to personal conflicts, denying me access to possessions legally... View More

0 Answers | Asked in Products Liability and Personal Injury for Missouri on
Q: Severe allergic reaction to Revlon dye led to hospitalization, seeking legal action.

I had a severe allergic reaction to Revlon hair dye on January 20, 2021, which led to hospitalization. My organs shut down, requiring surgery on my neck and ICU care for 10 days, followed by weeks of wound care including a wound VAC and daily IV PICC line drops. I still have the unused hair dye... View More

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Should we open an LLC or LLP for our trading card business?

I'm planning to start a trading card business with my partner, where we are the only two people working for the business. We plan to keep finances simple with a joint business account and track all purchases. Our primary goal is to grow the business, and we're looking for a 50/50... View More

Michael Cherewka
Michael Cherewka
answered on Apr 16, 2025

You should meet with an experienced business attorney and a CPA to discuss this before you just choose an entity type (LLC v LLP v S Corporation) and have a 50/50 partnership. I am generally not a fan of 50/50 ownership unless you have very clear documentation on how you terminate or get out of a... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Oregon on
Q: Will I be arrested for warrants when attending court as a witness?

I'm going to be going to a city court as a voluntary witness. I currently have arrest warrants. Will I be arrested for my warrants while I'm there? The case I'm witnessing is not related to my warrants, and I don't have legal representation regarding my warrants.

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