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1 Answer | Asked in Contracts for California on
Q: Is it illegal in California to give health advice? For example, doing health consultations and things of the like.
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 5, 2023

In California, it is generally not illegal to give health advice, as long as you do not engage in the practice of medicine without a license.

The practice of medicine is defined in California Business and Professions Code section 2052 as the diagnosis or treatment of any physical or mental...
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1 Answer | Asked in Business Law and Contracts on
Q: As a mediator facilitating the purchase of an online business between two parties, what legal documents must I provide?

Given that the online business operates on a global scale, it is uncertain which laws and regulations should be referenced in the legal documents.

John Michael Frick
John Michael Frick
answered on Mar 5, 2023

I myself am a certified mediator. You should not provide any legal documents other than the mediation agreement itself. The attorneys representing the parties in the sale and acquisition should prepare all of the necessary legal documents.

Otherwise, you risk stepping outside your role...
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1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Virginia on
Q: What does Plaintiff hereby waives any and all right to be provided with any futther notice of payment of settlement fund

This is written in my settlement agreement that payment would be sent to counsel and my attorney stated the other attorney sent payment to another location like the check is lost

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

A Virginia attorney could advise best, but your question remains open for a week. It means that plaintiff waives further notification of settlement payment being sent, other than the initial notice made to the attorney. It sounds like the opposing attorney sent check to a wrong location, and that... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Contracts for Missouri on
Q: Mortgage servicer issues

Need advice

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2023

You should ask a question if you’d like a response to get you started in assessing the situation.

2 Answers | Asked in Contracts for New Jersey on
Q: If I rented space in my yard to store boats and wrote a receipt without terms, is the receipt a binding contract?

I rented some space in my yard to someone to store a couple boats. He paid me $500 upfront for 2 months. I was not aware of the cost of storing a boat. I left for a couple hours and when I came back there was 5 boats, a total of 120 ft in total length and scattered all around the yard not parked... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 4, 2023

We are not allowed to give specific legal advise on this website. But generally a signed contract in writing will be enforced by a court. Best to do what he said and get a legal consult/opinion , but we would need to see the contract to tell you if your contract could be enforced and expect a... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Tax Law for Illinois on
Q: Hi. My previous employer used my SSN for another guy with almost the same Name as mine and I came to know about it when

I received tax document in my mail box. Can I file a law suit & if yes who.

James L. Arrasmith
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answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... Read more »

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Insurance Bad Faith for Colorado on
Q: Can an insurer require an investigation then after the investigation send a payment then after the payment turn around

Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.

According to our declarations. We feel... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2023

A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can we have a lawyer make a contract to pay off the rest of the mortgage amount just between us and a mobile homeowner?

Basically, a lot of lenders do not want to give out loans for mobile homes. So as a solution, we want to have a lawyer create a contract between us and the owner of the mobile home so we pay him the deposit immediately. but pay off the rest of the amount with interest monthly. just like a bank but... Read more »

Jane Kim
Jane Kim PRO label
answered on Mar 3, 2023

Of course it is possible and advisable. A lawyer can advise you on the type of document needed, and it will depend on whether your mobile home is considered real property. Regardless, it can either be a mortgage or chattel mortgage, or a note to repay debt.

It is a good thing you asked...
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3 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a customer take me to court and unwind deal if i am trying to work with him on repairs for a 50/50 dealer warranty

Customer purchased a used car from me with 145,067 miles on 12/21/2022 we gave him 50/50 dealer warranty on engine or transmission for 30 days or 1k miles whichever occurs first he agreed and signed, 3 weeks later customer was complaining about vibration after he changed tires on car, he took car... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2023

You asked if customer can sue, he can.

You then went on to essentially argue your case.

No one can tell you if you will win or not.

You should, since you are in a highly regulated business,

consult with your business attorney right away, to make

sure if you...
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1 Answer | Asked in Contracts, Divorce and Family Law for Florida on
Q: Is there a statute of limitations on recording a person without their consent?

My ex-husband has been recording our conversations and sending them to his friends

Is there a statute of limitations? It's been four years.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Mar 3, 2023

Under Florida recording law, (two-party consent law) secretly recording individuals without their knowledge and consent is illegal. If someone have any audio recordings of you that you did not consent to, they can be criminally prosecuted. This can be a 3rd Degree Felony offense, punishable by up... Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I filed a demurrer without a meet & confer. Can I still call opposing party to set up?

Is there any type of penalty? Or is it acceptable & correctable to call Opposing party ASAP to set one up prior to hearing date?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 3, 2023

A demurrer is a motion that challenges the legal sufficiency of the opposing party's complaint or claim. Depending on the court rules and jurisdiction, filing a demurrer without a meet and confer requirement may or may not be acceptable. It's best to consult with a licensed attorney in... Read more »

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Colorado on
Q: When you file a certificate of service with the court does that mean you have already serve the papers?
Douglas Phillips
Douglas Phillips
answered on Mar 2, 2023

A certificate of service is filed with a court to show that documents related to the case have been mailed to the opposing party (or opposing counsel).

This is different than saying that a party has been properly served the summons to initiate the case. It could be different in your state,...
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2 Answers | Asked in Contracts, Gov & Administrative Law and International Law for Washington DC on
Q: What can be done in order to regain control of my money?

I have stock dividends, interest payments on bonds and other funds in special non-resident bank accounts, known as Type C, now frozen due to Russian counter-sanctions against Western investors and bankers. What can be done in order to regain control of my money and return part of it to the USA?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

I’ve been asked a number of times about getting investment money out of Russia without violating US and EU sanctions and avoiding Russian monetary limitations enacted in response to the sanctions. Indeed, the topic appeared in a recent article in Bloomberg, but, handled correctly, this topic has... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I sign a lease in FL and decide to break the contract and never move in

This is a short term lease for 3 months.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2023

Sure, obviously you can breach any contract if you want to be exposed to liability for doing so. If you have a meaningful question, please phrase it in a way that makes sense.

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1 Answer | Asked in Banking, Civil Litigation and Contracts for Illinois on
Q: Can I say I’m going in to bankruptcy during a judgement
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

Yes, you can declare bankruptcy during a judgement. Filing for bankruptcy can stop or delay the enforcement of a judgment against you, as well as discharge or reduce certain debts. However, it is important to note that there are different types of bankruptcy, and not all debts can be discharged or... Read more »

1 Answer | Asked in Banking, Civil Litigation and Contracts for Virginia on
Q: Hello. Needed information as to how do I prepare for a "Summons to Party to a Joint Account?

This is in reference to joint account I have with my child's father. It was also mentioned that I was a non resident on form as my address is in MD. and his in VA. Funds was garnished from account for a debt he owed dating back to a timeshare he acquired almost 20 years that I have no ties to... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

If you have received a "Summons to Party to a Joint Account," it means that a creditor or debt collector is trying to collect a debt from your joint account with your child's father. Here are some steps you can take to prepare:

Review the summons carefully: Make sure you...
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1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: My wife and siblings are buying a house in Puerto Rico and I want to waive my rights. What do I need to do?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 2, 2023

I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... Read more »

2 Answers | Asked in Insurance Defense, Consumer Law, Contracts and Real Estate Law for California on
Q: Home insurance refund

1 year ago I was on the phone with my home insurance on some matter and in the process of looking through my account they explained something like my lender or escrow had overpaid (my lender takes care of insurance payments, which are included in my mortgage). They then issued me a refund check of... Read more »

Leon Bayer
Leon Bayer
answered on Mar 1, 2023

Assuming your statement of facts is true, you owe the money. If you don't pay it, you can expect that your policy will be cancelled, and you may be sued for the money.

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3 Answers | Asked in Contracts, Criminal Law and Securities Law for Minnesota on
Q: I cannot find my fiance and there illegally holding him in federal prison . I'm scared there hurting him and I have no1

He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 1, 2023

Your question is confusing. If he is in prison, he has been convicted of a federal offense and absent a contrary decision by an appellate court, he is not being held illegally. He should hire an attorney if he believes that there was some sort of constitutional violation. There are time limits... Read more »

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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »

Carl Nelson
Carl Nelson
answered on Feb 28, 2023

From a practical perspective (which is what it sounds like you are asking), an appropriate way to split income from the unit would be to first deduct all expenses and then to split the net income according to proportions of rent paid.

So first you would deduct all of the fees and costs...
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