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Contracts Questions & Answers
Q: I am being sued by my former business partner but I am outside united states for next two years, Jurisdiction?
1 Answer | Asked in Contracts for New Jersey on Sep 3, 2015
Answered on Sep 5, 2015
Leonard R. Boyer's answer
Depending on what country you live in. There is a concept called service by publication. You also do not mention your citizenship status. There is no violation of the statue of limitations.
The safest bet is to retain an attorney and defend the case. In order to retain any attorney, you will need to send them a retainer in the form of a Bank Check for their retainer. Good luck.
Q: If someone gave you a gift can they legally make you give it back, If you have proof it was a gift?
Julie A. Rice's answer
This is a civil matter, not a criminal matter so the police will not get involved. Most likely the court will rule in your favor and let you keep the gift.
Q: I did some hardwood flooring work for some people and they wont pay
Andy Chen's answer
If they won\'t pay you, then you have to sue them. However, if you are supposed to have a contractor\'s license to do the work you do and you don\'t, keep in mind that by suing you can be inviting trouble on yourself with the contractor licensing authorities.
If you don\'t have a contractor\'s license and you are supposed to, then I believe you cannot file a mechanic\'s lien either.
Andy
Q: Can email agreement be modified by oral agreement?
1 Answer | Asked in Contracts for California on Aug 28, 2015
Answered on Aug 30, 2015
Andy Chen's answer
An agreement can be modified as long as the parties agree, so yes, an emailed agreement can be modified by oral agreement. However, proving the oral agreement was made will be the difficult part. You can prove oral agreements via subsequent conduct -- for example, A knew about the oral agreement b/c they changed their behavior just after the agreement was made and it just happened to be exactly what the agreement called for them to do.
Remember, if you can\'t prove the oral agreement...
Q: When can a food product manufacturer sell a product order by a customer but not picked up?
Adam Studnicki's answer
First place to look is the terms and conditions of your order form. The UCC might apply. Talk to a local lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...
Q: There is a company that owes me 6k on a retainer they refuse to pay. The contract is signed. I need a warrant in Debt
Adam Studnicki's answer
Sounds like you\'re looking for a lawyer. This is a q&a; tool. You can use the find a lawyer tool to look for lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents....
Q: If I sale a camper as is but the bill of sale doesn\\\\\\\'t say it do I have to refund the money if they change mind?
Adam Studnicki's answer
More information is needed. As a general rule, a contact can\'t be unwound simply because someone changes their mind (although there are sometimes limited situations that involve \"cooling off\" periods where this is possible). Best to check with a local contracts lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
Q: Can my friend dad sell my registered gun without my permission?
1 Answer | Asked in Contracts for California on Aug 27, 2015
Answered on Aug 28, 2015
Adam Studnicki's answer
More information is needed about your agreement with your friend and/or his dad. You might have a claim against one or both for the value of your property.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of...
Q: If I sale a camper as is but the bill of sale doesn\\\\\\\'t say it do I have to refund the money if they change mind?
Julie A. Rice's answer
Yes, it\'s called the lemon law and you sold them a lemon.
Q: I have been babysitting for my neighbor, he told me he would pay me 300 dollars for 3 weeks.
Terrence H Thorgaard's answer
Sue him in small claims court. You should know, however, that if you get a judgment you will still have to collect it to get your money and that might be difficult. Do you know where your neighbor works? Because levying upon a judgment debtor\'s employer is often the best way to collect a judgment.
Q: Can I take someone to court in NY State to enforce a verbal contract?
Adam Studnicki's answer
Each state has it\'s own laws on what types of agreements have to be in writing. A local lawyer can advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Q: What are my legal options?
Adam Studnicki's answer
You can file a lawsuit for breach of contracts, but the first step is to review the contract (in the context of Alabama law). Collecting the money may be an issue. Talk to a local business or contracts lawyer. A strong letter from a lawyer might help.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
Q: I bought a casket 11/2012 the funeral home opened it 8/2015 to find mold inside. Casket was unusable.
Adam Studnicki's answer
The application of statutes of limitation can be tricky. In some cases, it\'s when the party knew or should have known about the problem, and, even then, in certain situations there are absolute cutoffs no matter what. Best to talk to a local lawyer about your specific situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not...
Q: I have recently hired someone to remodel a bathroom he ask for three hundred up front for parts.
Adam Studnicki's answer
The tools are not yours. Talk to a local business, contracts or consumer protection lawyer. Some states have agencies where consumers can seek help with issues regarding contractors (for example, in AZ, it\'s the Registrar of Contractors -- the agency the licenses contractors).
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work...
Q: Can someone please let me know if "NJSA 18A:2-1. Power to effectuate action" means...
1 Answer | Asked in Contracts for New Jersey on Aug 23, 2015
Answered on Aug 24, 2015
Leonard R. Boyer's answer
Your question does not have enough facts to properly answer. Effectuate action means under authority. The Board needs to follow the law. You may want to retain counsel. Good luck.
Q: ccan i be responsible for money that someone owes a bail bond if i signed if i was and unemployed under age signer?
1 Answer | Asked in Contracts for New Jersey on Jul 14, 2015
Answered on Aug 22, 2015
Leonard R. Boyer's answer
Since you were under age at the time, there is no cause of action against you. However, to be one the safe side, you need to bring any paperwork you have that pertains to this to an attorney and at least have a consulation with an attorney to make certain. Good luck.
Q: What do I do
Adam Studnicki's answer
First step is to review the agreement. You can ask a local contracts or business lawyer to review and advise about your rights and options. You may be able to sue and it may be a matter for small claims court. A letter from a lawyer on your behalf might help.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
Q: Customer hired 2nd company to work after hrz on my Contracted & permitted job without telling me. he wont pay, what do I
Robert Jason De Groot's answer
You need to get a construction lien on the property.
Q: What makes a contract between two people in New Jersey binding? Does the contract have to be notarized?
1 Answer | Asked in Contracts for New Jersey on Aug 20, 2015
Answered on Aug 20, 2015
Leonard R. Boyer's answer
Notarization alone does not make a contract binding. There is no requirement that it be witnessed and signed by an attorney. To be binding a contract must show a meeting of the minds.There needs to be a valid offer and acceptance. You should retain an attorney to draft a contract to make certain it is correct and will be legally binding. Good luck.
Q: If I signed a lease, but never moved in, payed the rent, or the deposite, am I still liable to the contracted?
Adam Studnicki's answer
Possibly. Depending on local law, the landlord may have a duty to mitigate damages. Check with a local real estate lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...