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Maine Civil Litigation Questions & Answers
2 Answers | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Q: Do I have to give a customer back money on an overpaid check. (Private sale)

A customer in Florida sent a Cashiers check to me (I am in Maine). He sent a check for more than he meant to pay, my question is am I legally obligated to pay him back the extra money?

Fred Bopp III
Fred Bopp III answered on Apr 14, 2019

I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the... Read more »

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1 Answer | Asked in Civil Litigation for Maine on
Q: Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information

An attorney represents me in a case. Never signed off from the case. meantime he started to represent an important decision maker from the opposing party. Never asked my permission, agreement, consent, and so on.

Fred Bopp III
Fred Bopp III answered on Mar 14, 2019

Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.

1 Answer | Asked in Civil Litigation for Maine on
Q: Got evicted on a lease rent do they have to go threw the court if we dont leave

We we're evicted because the rent was late never missed a payment but was late my husband and ground keep got in a argument thats when we received the notice do they have to go to the court to get us out or can they just do it thank you

Fred Bopp III
Fred Bopp III answered on Feb 22, 2019

The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.

1 Answer | Asked in Civil Litigation for Maine on
Q: How do I get my name off a creditor lawsuit?
Fred Bopp III
Fred Bopp III answered on Nov 10, 2018

I would need more facts about this situation in order to answer the question. For example, have you been named as a defendant? What are the claims the creditor has asserted in its complaint? is this a consumer or commercial matter?

1 Answer | Asked in Civil Litigation for Maine on
Q: How do I go about delaying a writ of execution in the state of maine for a defaulted auto loan

and can I counter sue FORD MOTOR COMPANY as I have learned yesterday I was never notified when and where I could of bought back the truck and the truck had been repo. on private property

Fred Bopp III
Fred Bopp III answered on Nov 3, 2018

If judgment has entered against you, you can possibly appeal if the time period to file an appeal has not run. There may also be a lack of notice issue, but I can't tell from these facts. In any event, if judgment has entered, it would not be a counterclaim, you would need to bring a new lawsuit... Read more »

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