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Recent Answers From Lawyers

Recent Answers From Lawyers
In theory they can, but they won't.  Bank creditors do not pursue cars, in general.  They pursue wages and bank accounts.
In theory they can, but they won't.  Bank creditors do not pursue cars, in general.  They pursue wages and bank accounts.
I think you have a case, unless the bill of sale from BMW says the sale is as-is and you are not relying on any representations.
I think you have a case, unless the bill of sale from BMW says the sale is as-is and you are not relying on any representations.
You can negotiate whatever they will accept.   $250 per month seems like a good deal.  But if you refuse, you might get a better deal later, but have to pay legal fees, etc., that make it not better.
You can negotiate whatever they will accept.   $250 per month seems like a good deal.  But if you refuse, you might get a better deal... Read More
Okay, you are in a real mess! Understand that you only have 14 days after the pronouncement to object and take the matter to the judge. I presume that you don't have an attorney, since you don't mention one. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number.  You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your child, and your rights with that child? You should be able to get in with attorneys today, I know that I have some openings. So, check around, or call me... Read More
Okay, you are in a real mess! Understand that you only have 14 days after the pronouncement to object and take the matter to the judge. I presume... Read More
Okay, you are in a real mess! Understand that you only have 14 days after the pronouncement to object and take the matter to the judge. I presume that you don't have an attorney, since you don't mention one. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number.  You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your child, and your rights with that child? You should be able to get in with attorneys today, I know that I have some openings. So, check around, or call me. ... Read More
Okay, you are in a real mess! Understand that you only have 14 days after the pronouncement to object and take the matter to the judge. I presume... Read More
My advice is not to make any paymens outside of court. In court, you should be able to arrange a payment schedule and have your payment documentaed in the agreement also known as a stipulation.
My advice is not to make any paymens outside of court. In court, you should be able to arrange a payment schedule and have your payment documentaed... Read More
It hard to deal rationally with nut bags. You may have to spend a good deal of money on seeking enforcment of the stalking issue in the state she resides in. You may also want to hire a psychiatrist as an expert to see how they think you should handle this based on her psych profile. Sometimes, responding to such people is the WORST thing to do. ... Read More
It hard to deal rationally with nut bags. You may have to spend a good deal of money on seeking enforcment of the stalking issue in the state she... Read More
2 years. Not sure what the damages would be so it may not be a finanically viable case regardless. 
2 years. Not sure what the damages would be so it may not be a finanically viable case regardless. 

do i have a strong small claims case ?

Answered 20 hours ago by attorney Bruce Robins   |   1 Answer
In order to form an enforceable contract, there must be consideration exchanged on both sides.  You haven't indicated that this third party, whoever he or she is, received any consideration, i.e. anthing of value in return, for paying for the repairs. Sometimes consideraiton is not required if you deterimentally and reasonably relied on a promise.  This is known as promissory estoppel.  If you only got the repairs done in reliance on this promise, you may have a claim.  However, it will be difficult to prove that you only had the repairs because of the third party's promise to pay.  Also, some judges may not think you suffered any loss, because you did get your property repaired, and it is now presumably worth $2,500 more than it would have been without repairs.. As far as any clqaim against the seller, you may have a claim, but since his/her agreement to pay for repairs was oral, it may be difficult to prove it.  Also, if you have a writtten contract, any alleged oral representation which contradicts it is likely to be barred.  This is known as the parole evidence rule.... Read More
In order to form an enforceable contract, there must be consideration exchanged on both sides.  You haven't indicated that this third party,... Read More
You need to get aggressive and take him back to court to be held in contempt for violation of the visitation orders. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More
You need to get aggressive and take him back to court to be held in contempt for violation of the visitation orders. Your situation involves major... Read More




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