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Andrew Daniel Myers

Andrew Myers’s Answers

12,994 total


  • If a case is dismissed or thrown out do I need to go through the process of expungement?

    I been fighting a case, but it got dismissed last week I want to know if I need to go through the process to get it expunged or is it automatically expunged? Please help

    Andrew’s Answer

    Dismissal means you were NOT guilty. Constitutionally you had the benefit of the presumption of innocence. Dismissal means you retain that presumption of innocence. I wouldn't worry about easting time and money on an expungement.

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  • Who do I need to contact in regards to my general contractor refusing to finish the job that he signed a contract to do?

    I hired a general contractor to do a kitchen remodel last June 2014. In October 2014 he came to us and asked if he could finish another job that he needed to get done. Since I just had knee surgery we said that would be fine. Since then he has com...

    Andrew’s Answer

    There are several approaches but this would be mine: (1) Get estimate from another contractor to finish the job. (2) Send estimate to first contractor demanding that he either remit that amount to you OR you will give him the opportunity to come back and finish the job satisfactorily, either way in 30 days only. Barring that, bring a civil action, in small claims court if your damages are within your local small claims court's jurisdiction, in district court if otherwise, seeking the money damages for the estimate.

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  • What is the best way for a buyer to verify lot size, square footage and encroachments on a property?

    Form 22D Optional Clauses Addendum to Purchase & Sale Agreement states that the buyer is advised to verify the above within the inspection contingency period. What is the best way to do this?

    Andrew’s Answer

    The best way to identify lot size, boundaries, square footage and encroachments is to retain a licensed surveyor.

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  • Is a verbal agreement just as important as a written contract?

    Just under a year ago my sister, her boyfriend, my boyfriend, and I all started planning a Disney vacation together. In February of this year we finally all agreed on booking. At the time, my boyfriend and I were fighting and literally right befor...

    Andrew’s Answer

    This is a case for small claims court. Generally speaking a written contract clearly has the upper hand because the parties have read it, had a meeting of the minds and formalized their agreement in a signed enforceable writing. While an oral agreement is in fact generally speaking less enforceable there are some exceptions. One of the exceptions is where the parties to the agreement have changed position in reliance upon a promise by another party. SO, for example, if you had charged the trip up on your credit card, changing your position by incurring charges against you, you have changed your position in reliance upon the promises of sister's boyfriend. That is your argument and yes, any texts or other statements do in fact help you. Good luck.

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  • My personal health insurance is asking questions concerning an accident that happened. Is there anything I should be aware of?

    My personal health insurance helped pay for a MRI I had after a car accident. They are asking awfully specific question in a form concerning what parts of the body were injured, my car insurance, other party's insurance, whether or not I settle...

    Andrew’s Answer

    There is a document that health insurance companies send out called a Third Party Liability Questionairre. Nearly all if not all Health insurers have a right of third party recovery, which means that they obligate themselves to pay for routine checkups, for treatment required for a health condition or disease and other health needs. However, when the health insurance company pays for the treatment of an injury that has been caused by the negligence of a third party, whether a car accident, slip and fall injury or other accident, then they have a contractual right to be reimbursed for their payments from that third party. That is what is happening to you is your personal health insurance is reaching out to you to find out if they have that right of recovery in your case. Here's more: http://www.attorney-myers.com/2013/12/health-plan-liens/ It is important for you to deal with them so that you do not endanger your future health benefits. However, it is crucial to deal with them in the correct manner. By asking you questions about what parts of the body were injured they are actually helping you by focusing only on those injuries directly related to the accident so that their recovery does not include unrelated health charges. Have your attorney help you with this so that your own best interests are optimized. I wish you the best.

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  • Do I need a lawyer if I obtain a injury in a hospital?

    During a dialysis treatment I developed a massive hematoma in the right arm.which later required surgery and left a scar.

    Andrew’s Answer

    See another physician and get an opinion. Evaluation of a potential medical malpractice question can't be done on so few facts. Go up to AVVOs Find a Lawyer function on the top of this page. I wish you the best.

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  • What is the ramifications of my spouse not producing document requested in my divorce counterclaim?

    My attorney has requested these on multiple times, without pay $300/hr, I would like to know what the delay in producing documents can mean to the divorce proceedings

    Andrew’s Answer

    I agree fully with attorney Nolan's advice. My only additional perspective is to raise the issue as to what document it is that is causing the concern. Parties are required in litigation to produce documents, but my answer as to whether to kick it up to the next level would depend on what the document(s) is(are) and how significant they are. If we are asking for very basic income and asset information there's no court in the world that should not enforce such a request. If we are asking for the receipts for little Johnny's shoelaces, then my answer might be different. So, I would ask for a conference to go over all of this with your attorney. This type of thing is one of the reasons I stopped doing divorces many moons ago. I certainly wish you the best with this.

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  • Do I need a attorney for past credit history to improve my score.

    I'm looking to clean my credit.

    Andrew’s Answer

    Check out the Fair Credit Reporting Act. It is actually a relatively short law, compared to most, and it tells you everything you need to know about challenging incorrect info on your credit report. There are far too many facts in the post for me to comment more effectively. I wish you the best.

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  • Facing a DUI Charge Does it make a difference I was blacked out drunk when given my blood draw at the hospital.

    I may have been functionally blacked out and do not recall giving consent nor the trip to the hospital nor my cab trip home.

    Andrew’s Answer

    I don't think this is the worst of the issues in your case if you were operating a vehicle then passed out. You may or may not have given consent. There are not enough facts in the post for anyone to give you a final answer. You may or may not be deemed to have consented to the blood draw. But the one thing I do know, in order to present an effective defense you need to retain an experienced DUI attorney in your jurisdiction. None of this 'I can't afford ... ". Based on what is at stake here, you can't afford NOT to. I wish you the best.

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  • In what way(s) can one report a public figure for crimes and prevent their name from being published by the media?

    Example: Rapper Rick Ross and his bodyguard were arrested for kidnapping and pistol whipping a man. The victims name was printed in the Boston Metro May, 2015.

    Andrew’s Answer

    The news media is free to publish crime reports, as long as what they report is accurate they are largely protected. It called the First Amendment.

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