David J. Abeshouse's Answers

I am seeking a litigation attorney in King County, to sue a very large entity for punitive damages. Any reccommendations?

I'd add to the previous answer that punitive damages are awardable only in certain types of legal actions, and may not be possible in other kinds of cases. So rather than presenting your case in terms of "punitive damages" which may be irrelevant to the case, you'll be more likely to be taken seriously by lawyers, and more likely to find a suitable lawyer, if you describe the case in terms of its substantive facts (not conclusions), and the kinds of areas of law practice that may be involved (...

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Regarding arbitration

I agree with Mr. Kelly; the particular type of attorney that you probably should seek would be a consumer protection attorney or consumer credit attorney. You can find such a lawyer through Avvo, Martindale.com, the Brooklyn Bar Association, by Googling appropriate key words, or various other means. Please note that I do not practice consumer law. This response is provided for general educational purposes only, and no attorney-client relationship has been formed. It should not be relied...

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Does an LLC protect my personal assets?

I agree with Michael's answer, above, and will add just one point -- it also may depend somewhat on the size of the loan you need (smaller dollars at risk may allow the lender to require a bit less in the way of formalities), your experience in the industry (the more track record you have, the better), and also what kind of small business this will be. The answer to the latter issue may afford you another set of alternatives for financing, if you're in one of the right kinds of business for...

Business dispute on opposite coasts: Should I handle it pro se?

I agree with and endorse Susan Pernick's expanation and conclusion, and simply want to emphasize the futility of trying to handle this matter pro se. You'd probably be better off focusing your attention on other money-generating ventures than pursuing this on your own. Get a collection lawyer to handle it for you, either in NY or CA, as appropriate, depending on the facts. They'll likely charge you a contingent fee of between 25 and 33%, payable only on the sums they actually recover for you....

If I'm being sued solely as a dba, and I close my company. Would that end my lawsuit?

It's not likely that closing your company would end the matter, unless the plaintiff isn't persistent and simply loses interest. It sounds from your question that the plaintiff is suing you only in the name of your company. However, it's not clear from your question what form your company is in -- it sounds like it's likely a sole proprietorship (as contrasted with, for example, a corporation or LLC). Assuming it's a sole proprietorship, closing your company likely would have little effect...

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What legal action can I take to stop these harassing emails?

First, as a practical matter, you may want to (a) block all e-mail from this sender, if that's permissible -- you didn't mention whether this is a private e-mail address over which you have complete control or whether it's a school e-mail address for which you may have to follow school rules; and (b) consult with your teachers union rep -- the union, more than the school system itself, may be able to start the ball rolling with practical assistance, getting the school to take some sort of...

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Sending copies of all actual documents to plaintiff BEFORE trial?

In addition to what Tami (who is a Florida lawyer) has said above, I'd add only that it's often a good idea to check with the clerks of the local small claims courts if you have any procedural questions. Of course, it's the luck of the draw as to whether you'll get one on the phone who's willing to be helpful, but it's worth a call or two to try to find out, because particularly in small claims court, there may be local practices and procedures that vary from one county to the next, and it's...

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Is legal action is called for here and what catagory would apply?. Business/criminal/fraud/lawsuits/disputes/employment/labor

One thing to consider and investigate is whether there was any insurance coverage at this organization. If so, there may be a fund available for recovery of money damages. While that won't restore the venture itself, it might provide seed money for a new start-up, revamped to avoid the problems experienced in the past. Please note that I practice in NY. As they say, "Your Mileage May Vary." Best of luck.

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Arbitration through the National Arbitration Forum

As a general proposition, if a debt collector has commenced an arbitration proceeding through the NAF, your failure to respond substantively and timely, no matter how justified you believe your position may be, is quite likely to result in issuance of an Award against you and in favor of the debt collector, not only for the principal amount allegedly due, but also for associated interest, fees, and other money damages that can substantially increase the amount for which you may be held liable....

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How does one compel mediation?

One or two additional thoughts to add to what was said in the previous answer: Although mediation may have been court-ordered, ultimately it is a consensual process, in which the parties must agree on terms in order for there to be an enforceable agreement. Otherwise, the court will proceed to hear and determine the case. So, if mediation is likely to be helpful, it's worth pursuing. If, under the circumstances, it's merely a stage that has to be gone through in order to get to the next...

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