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1 Answer | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps... View More

1 Answer | Asked in Consumer Law and Contracts for Oklahoma on
Q: I have been paying payments on a shed for 4 years now.

I have one year left but got behind 3 months Everytime I pay a payment the next week or so new payment due. I lost my job and was in hospital for almost a month. The company is out of KY and I live in Oklahoma , can they really do much as in file on me or repo my shed it's a tiny home, me and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. It's difficult to predict what they would do. Don't take it upon yourself to pay what you feel you can. That could lead to a default or other complications. Instead, consider one of these options. You... View More

1 Answer | Asked in Contracts for North Carolina on
Q: I have a price lock contract with T Mobile. This month they implemented an additional charge without notice.

Many of their customers are in the same situation.

T. Augustus Claus
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answered on Jul 28, 2023

If you have a price lock contract with T-Mobile and they have implemented an additional charge without providing prior notice, it might be considered a breach of contract.

In North Carolina, as in most states, contracts are legally binding agreements, and both parties are expected to adhere...
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1 Answer | Asked in Contracts and Consumer Law for California on
Q: Do I have a case against this company?

I was misled by a company that claims to help homeless people. I went in to the office, asking for help getting an Emergency Housing voucher. I was told that they would be able to help me with that after a year. I then Signed with their company I waited a year, contacted them and was promptly told... View More

James L. Arrasmith
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answered on Jul 28, 2023

If the company made false promises and misled you, you may have potential legal claims against them, such as misrepresentation or breach of contract. To determine the strength of your case, consult with a California attorney experienced in contract law and consumer protection. They can evaluate the... View More

1 Answer | Asked in White Collar Crime, Contracts and Libel & Slander for Texas on
Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others

I would like to warn others who I know are considering using this contractor

T. Augustus Claus
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answered on Jul 27, 2023

While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of... View More

3 Answers | Asked in Contracts, Business Law and Construction Law for California on
Q: How do I protect myself legally as a GC from seeming like I abandoned the project?

As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 27, 2023

A mechanic's lien is very powerful for a contractor in your situation. It will force the owner to either pay you what's currently owed, or you can enforce your lien against their property in court, and recover the court costs to do so and interest on the amount you are owed. I suggest... View More

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3 Answers | Asked in Contracts, Business Law and Construction Law for California on
Q: How do I protect myself legally as a GC from seeming like I abandoned the project?

As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More

James L. Arrasmith
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answered on Jul 28, 2023

You should document all communications with the client regarding the additional work requests and payment issues. Make sure to send written notices and requests for change orders, clearly stating the scope of work and any potential delays caused by the client's actions. If the client continues... View More

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2 Answers | Asked in Civil Rights, Landlord - Tenant, Contracts and Libel & Slander for California on
Q: For a Civil Case, to sue the landlord (company) plus six names from the company okay? Can I add another DOES 1 to 5?

I'm suing my landlord (a LLC.). So, on the legal forms, the Defendant will be the landlord (the LLC.), but can I add another six names who have committed the wrongdoings and who are working for the landlord? And on top of that, can I add "DOEs 1 to 5"? In case there will be more... View More

James L. Arrasmith
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answered on Jul 28, 2023

In a civil case, you can name the landlord (LLC) as the primary defendant and add other individuals involved in the wrongdoing as co-defendants. Adding specific names is appropriate if they are responsible for the alleged actions. You may also include "DOEs 1 to 5" to account for... View More

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2 Answers | Asked in Civil Rights, Contracts, Landlord - Tenant and Libel & Slander for California on
Q: Can I file a civil lawsuit against multiple defendants? Even if they are living in different cities in the same state?

I need to file a civil lawsuit against my landlord along with multiple and specific defendants who are working together to infringe my rights. Although the incidents occurred at one location, but two of the defendants are living in different cities in California. Will this be an issue? Thank you... View More

James L. Arrasmith
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answered on Jul 28, 2023

You can file a civil lawsuit against multiple defendants in California, even if they are living in different cities within the state. You can include all the relevant parties in one lawsuit as long as the claims against them arise from the same incident or set of facts. However, it's essential... View More

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1 Answer | Asked in Contracts and Landlord - Tenant on
Q: I dont intend to move in anymore but gave a non refundable holding deposit to an apartment, can i still get it back?

no lease agreement has been signed yet,

John Michael Frick
John Michael Frick
answered on Jul 27, 2023

No. A holding deposit is required so that the landlord does not lease the apartment to someone else while you are making a decision as to whether you want to rent it. Non-refundable means that the landlord does not need to give it back if you decide not to rent the apartment. In essence, it is... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Sue landlord for "breach of contract" with his wrongdoings in tortious Actions.

In order to meet the statute of limitations to sue the landlord's wrongdoings, if we sue the landlord's breach of contract of his committing a whole series of actions that include discriminations, defamations, harassments, retaliations, negligence... in a process of lasting for more than... View More

James L. Arrasmith
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answered on Jul 26, 2023

If the landlord's actions, including discriminations, defamations, harassments, retaliations, and negligence, are all part of a series of actions that constitute a breach of contract, you may be able to apply the statute of limitations for breach of contract, which is 4 years in California, to... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: What is the best recourse after a client breaches contract with our company?

Their business is potentially going under which is why they have defaulted.

The obvious first thoughts are to file a lawsuit.

Are there other easier alternatives to filing a lawsuit such as possibly filing a lien on the commercial property or possibly filing a claim with either our... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Basic maintenance and janitorial services are not the type of service that give rise to potential lien rights under Texas law. The cleaning of construction debris might.

I can't think of a type of insurance policy that is likely to cover a failure to pay for services breach of...
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1 Answer | Asked in Contracts and Business Law for California on
Q: CA5220 specifies a term of 4 years for a director of a non-profit with members. Is an individual allowed only one term
James L. Arrasmith
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answered on Jul 25, 2023

Under California law, there is no restriction on an individual serving only one term as a director of a nonprofit with members. The California Corporations Code, specifically CA5220, sets a term of four years for directors, but it does not limit the number of terms an individual can serve... View More

2 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for California on
Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California].

And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims.

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2 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for California on
Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More

James L. Arrasmith
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answered on Jul 25, 2023

Here are some general steps to take:

1. Consult with a new attorney: Seek advice from a reputable attorney experienced in legal malpractice or ethics issues to assess the merits of your case and determine if you have grounds to sue your prior attorney for improper conduct.

2. Gather...
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2 Answers | Asked in Civil Litigation and Contracts on
Q: If the owner of a cars son gives me permission to drive the car. Is that legal

I’m a fully licensed driver, and would drive lawfully.

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2023

I'm not sure if you're wondering if you would be COVERED under the owner's insurance, more than the question of whether it is LEGAL for you to drive the car. Coverage could be a separate matter, and that could depend on the insurance carrier - the terms of its policy, who it covers,... View More

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2 Answers | Asked in Contracts for Tennessee on
Q: My friend is incarcerated. She sent me her form that a notary signed. What is the next step for me to become her POA?

I have the form with her signature and it’s been notarized.

T. Augustus Claus
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answered on Jul 25, 2023

To become your friend's Power of Attorney (POA), you'll need to follow these steps in Tennessee:

Review the Document: Examine the form your friend sent you to ensure it complies with Tennessee's requirements for a valid POA. Make sure it includes all necessary information and...
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2 Answers | Asked in Contracts for Tennessee on
Q: My friend is incarcerated. She sent me her form that a notary signed. What is the next step for me to become her POA?

I have the form with her signature and it’s been notarized.

Anthony M. Avery
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answered on Jul 25, 2023

I do not recommend the attorney in fact signing the POA also in front of a notary. People you present the POA to might get confused. If you are going to convey real property, it should be recorded. You are now a fiduciary for the principal, so any conveyance of the principal's assets to... View More

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Are they liable for their false statements on their website that caused my failure to pay?

In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

Did you ever get the pink slip? Was there ever a lapse in your car insurance? Did you ever make late payments? Did you receive any letters prior to the repo saying you owed the $1200?

I think you would have a tough time in court trying to prove a wrongful repo, unless you have the pink...
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4 Answers | Asked in Consumer Law and Contracts for California on
Q: Are they liable for their false statements on their website that caused my failure to pay?

In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More

William John Light
William John Light
answered on Jul 25, 2023

The Loan Agreement and your debt exist regardless of a mistake on an app, which Hyundai will contest even happened. You are attempting to nullify thousands of dollars in debt, which you agreed to pay, based on something that, even if the app stated it, was obviously untrue, and which you knew was... View More

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