I want to file an order for Appearance and Examination against a Judgment Debtor. However, the Debtor resides in California, while we (Judgment Creditor) reside in Idaho. We have already obtained a sister-state judgment so we're all good there. But do we need to fly... Read more »
Did you sue the debtor in California? or Idaho? Wherever you got your judgment is where you will file your "post judgment" motions. However, that's where the difficulty lies in trying to haul someone from CA to Idaho after the judgment. The subpoena power...Read more »
It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!
I am a practicing member of the Idaho State Bar, my friend and have multiple lawsuits I can reference pleadings for if I need to. However, a "Template?" I'm sorry, no set of facts are the same; and, even the Rules of Civil Procedure have changed, just since my last suit. So, it...Read more »
I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... Read more »
The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty...Read more »
Every contract for the sale of a car, includes "small print" provisions. If you carefully read all of the "fine print" provisions of the "extended warranty" addendum to the contract, it SHOULD say somewhere that after four months, the company may raise the payment to...Read more »
i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... Read more »
The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a...Read more »
Sorry to tell you this but you have no other rights other than to move out. Hopefully, the new owner will give you thirty (30) days to move your things. That's tough, I know. Renters in Idaho have a tough row to hoe!
Look at the contract between yourselves. Really read it closely. If the bondsman sells collateral even though your payments were current, it is either in the contract giving them the right to do this, . . . or it is a breach of contract and you will have a cause of action against them.
After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my... Read more »
Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools,...Read more »
Original contract; time of essence clause, original close date Oct 30, 2020. Seller did not meet. Addendum for release of earnest money (non-refundable) for customization. Addendum for new close date, November 16, to close not met by seller, In single contract state, (Idaho), do all addendums... Read more »
Long story short... We had a flood in our home. The contractor we hired tore out most of the inside of our home and then took off with the insurance money. So.. we had no other choice but to take a loan out on our other property, which was fully paid off. We hired a new contractor, who suggested a... Read more »
Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was...Read more »
I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... Read more »
Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell,...Read more »
Hi, while my parents were trying to sell their business my dad passed away and I believe my parents business broker and the buyer took advantage of my mom while she's was grieving. She signed the papers to sell two weeks ago the new owner took over but she still hasn't been paid. The new... Read more »
Possibly. Grieving is not a legal reason to avoid a contract. What you should do is gently question your mother and find out why she agreed to the terms the buyer offered? Was your mom represented by a realtor or attorney? Why weren’t you there to help her in the closing?
Okay, if I understand what you're writing about, let me summarize: your sister owns a house and she's allowing you to live there? I don't know why she'd be paying YOU to live in HER house though? I will need a little bit more information. Can you provide that? Such as:...Read more »
Yes, for the most part, experienced real estate attorneys need to have a firm grasp of contract law. Handling real estate closings, drafting leases, and handling other property-related transactions heavily involve elements of contract law. Good luck
Can my employer withhold any of my final paycheck if I signed a contract expecting future paydays, and can I be terminated for excessive tardiness even though I reasonably expected to have an ongoing employment with the company that I have worked for almost 11 years.
Unless you have an employment agreement--not just an agreement to repay advances--your termination is not unlawful. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any...Read more »
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