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1 Answer | Asked in Contracts on
Q: If I receive a letter of demand from a law firm by email, is replying via email a valid response?

The letter of demand does not include a time frame in which they expect a response nor do they ask for a response. It only demands I take certain actions.

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

For general correspondence, it is usually acceptable to respond in the manner and form of the letter received. For exchanges of a formal legal nature, those could be governed by codes of civil procedure. It's up to you, but based on the significance of the situation, one option you have is to... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

1 Answer | Asked in Business Law and Contracts for California on
Q: I am trying to get a credit for hard costs incurred when a contracted freight company mishandled my product.

They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 15, 2019

You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: woman, is refusing to open the door to the sheriff to be served

What can be done? It's in Florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

What does the deputy say? How does he or she know that the woman is at home?

Assuming you are the plaintiff, get the sheriff to file a return of service explaining in detail what occurred. Then, when it's time, ask for a judicial default.

3 Answers | Asked in Contracts, Civil Rights and Landlord - Tenant for Florida on
Q: Is it okay if a police officer records you and uses you as evidence without your knowledge?
Linda Liang
Linda Liang answered on Oct 15, 2019

No, it is not. But why is this question in Landord-Tenant session?

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1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Contracts for Florida on
Q: How long does a Car dealership have to provide the car Lessee with a copy of the signed papers
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. There is no rule or statute that requires auto dealers to provide copies of signed lease documents to the person(s) who are leasing the car within any specified time frame.

1 Answer | Asked in Contracts, Legal Malpractice and Real Estate Law on
Q: If buyer & seller signed contract but now say that they had another signed contract, is this legal to break contract ?

We as buyer signed contract with seller, per our realtor they said another contract was signed as well, but denied us proof if they signed prior to our contract. We were to close with the closing agent, which upon calling them they said they closed prior to us nor communicating that it was going to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

The general rule in real estate sales is "first in time, first in line." Assuming everything was done properly, the seller's Realtor (or attorney) should have decided which of the two competing contracts was received first, then the seller can do whatever they want with all the contracts received... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client also... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

Since the contract was not signed, that makes things more difficult. If there is litigation, you can claim that they verbally agreed to the terms of the contract. They can dispute that. If you can't work it out with them, then they might sue you to collect the proceeds you have retained. You... Read more »

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1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never use your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: I have a grown son living in my house. We want him to move out. The problem is my wife borrowed four thousand from him

For the down payment. We have been paying him back one hundred a month. He says we can't make him leave because of the money and because he lives here and receives mail here. What can we do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. This is a (very sad) personal dilemma created by you and your grown son. Unless the oral contract between you and your son is in writing it is no enforceable--by you or your son. Thus I am unaware of any legal remedy you could use lawfully to evict your son. At best... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Can a car dealership change my contract a week after I sign and drove off with the car?
Tim Akpinar
Tim Akpinar answered on Oct 13, 2019

A Texas attorney could advise you the best, but your question remains open for two weeks. As a general matter with most contracts, it's a done deal after both sides sign (unless the contract contains provisions that modify this basic premise). You could check with a Texas attorney if they see... Read more »

1 Answer | Asked in Contracts for California on
Q: Is a contract void if you already signed a contract with another company?

I accidentally signed a new refuse service contract while still being under contract at another company. Due to termination fees, I am trying to have the new refuse service contract voided, as we were already contracted elsewhere. Are there any ways I can have this contract voided? Initial... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 12, 2019

A California attorney could best address your question, but it remains open for two weeks. As a general matter, without regard to jurisdiction, a second contract entered into under such circumstances is not generally voided as a matter of the operation of contract law. You could consult with a... Read more »

1 Answer | Asked in Contracts for New Jersey on
Q: we hired a contractor for our kitchen project, he got paid fully but kitchen it is not finished 100%

Kitchen floor is not flat, there are bumps since some tiles higher then others. Contractor blames the tile product. He installed hood over the oven but it is not centered, instead of fixing it permanently, came up with a temporary solution that didn't fix it, Each time we open the cabinet door it... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

You are in luck, because under NJ law, there is powerful protection in place on your side. The two most important laws are the N.J. Home Improvement Contractor Act, which almost no home improvement contractor's contract is in compliance with. The Second law is The N.J. Consumer Fraud Act, which... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Do apartment managers NOT have to disclose the lease-length of known, quiet neighbors? I'm trying to avoid future noise.

I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease ends, or if... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 11, 2019

Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: The apt autorenewed my lease until Oct 2020 saying i did not gave them written notice prior to 60 days of lease expirati

The apt lease is supposed to end in October 2019.I’ve moved out of state and in Dallas right now.I gave them verbal notice in Aug that i wont be extending lease, that time they did not notify me that i need to give them written notice .now apt has sent me auto renewal notice for a year without... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

If the lease had an auto renew provision that required 60 days written notice to not renew, and if you did not give written notice, then the lease renewed, and you are legally obligated to pay the rent for the rest of the lease term, unless landlord makes good faith efforts to re-rent and gets a... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

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1 Answer | Asked in Business Law and Contracts for California on
Q: In 2006 I signed a Non-Compete in KS. I transferred thru promotion to CA with same company HQ in KS. Is it still valid?

After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?

Kenneth Sisco
Kenneth Sisco answered on Oct 10, 2019

Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

Hi I work for a client A company with the vendor B as a layer of my contract before and and vendor B made a contract with me stating that upon the termination Or completion of the project with the client I shouldn’t either work as a part-time or full-time within a year.. I have been working for... Read more »

Mathew Paulose
Mathew Paulose answered on Oct 10, 2019

Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if "you" are indeed... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: I asked to file a motion to compel all responses instead of default judgement when writing interrogatories to defendant

Defendant filed to respond. Can I ask for default judgement?

Anitra Walker
Anitra Walker answered on Oct 9, 2019

From your question, it sounds as if you have filed a lawsuit against another party and have served them with interrogatories but they have not responded, and you are now inquiring as to whether you can ask for a default judgment. Generally, a default judgment is granted to the plaintiff when the... Read more »

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