The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... Read more »
The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... Read more »
We have moved out of the place and I never signed the lease but he did. Now they want back rent from both of us. Do I have to pay since I didn’t sign the lease?
Generally speaking, if you did not sign the lease, it means the landlord may not be able to pursue a breach of contract claim against you. That said, the landlord would likely have claims against you for unjust enrichment and/or what is called quantum meruit. To establish a claim for unjust... Read more »
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?
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 »
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.
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.
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
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.
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?
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
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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