John Thomas McManus's Answers

John Thomas McManus
Albany Energy / Utilities Law Attorney.
Contributor Level 8

2

Attorney answers:

  1. Randel David Lee Barrett
  2. John Thomas McManus

Hiring an attorney in Houston for lease, debt negotiation

Asked by a user in Houston, TX - almost 4 years ago.

It depends on both the fee structure (for example, hourly versus contingent) that you and your attorney agree upon and the state's rules and obligations in which your attorney practices (for example, some states have certain rules and obligations concerning when an attorney may or may not have a contingency agreement with a client). You should discuss these options and your underlying legal issue with an attorney in the state that the subject property is located. JTM

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Attorney answers:

  1. John Thomas McManus
  2. Okorie Chukwudimm Okorocha

Credit card fraud

Asked by a user in New York, NY - over 4 years ago.

Go to the Federal Trade Commission's website for an excellent summary on "Credit, ATM and Debit Cards: What to do if They're Lost or Stolen." This should answer a lot of your initial questions. http://www.ftc.gov/bcp/conline/pubs/credit/atmcard.shtm Good luck resolving this issue.

1

Attorney answers:

  1. John Thomas McManus

Mineral Rights Transfer

Asked by a user in Ellensburg, WA - about 4 years ago.

Certainly an attorney in Texas familiar with oil and gas law should be able to assist you as the prior answer suggests. Many more generalized real estate attorneys also have experience with these types of mineral rights transfers, which involve, among other things, an examination of title and drafting and filing a specific legal instrument. That said, depending on, among other things, the size and complexity of your proposed transfer, you could contact Bruce Kramer of McGinnis Lochridge &...

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Attorney answers:

  1. John Thomas McManus

Stolen oil and gas royalties, illegal aquisition of oil and gas royalties in WV

Asked by a user in Grantsville, WV - over 3 years ago.

Given the various documents (concerning the guardianship and the oil and gas rights, for example) that an attorney will have to review to understand the facts of your/your mother's situation, you should seek a local attorney for assistance. This situation is likely far too complex to address in this forum. Unfortunately, I cannot make a specific referral in WV and I do not believe that Avvo has attorney listings for WV, but a state or local bar asociation can help you find someone who...

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4

Attorney answers:

  1. Alexander Harris Solon Thomason
  2. Michele K McNeill
  3. John Thomas McManus
  4. Brian J. Passante

Suing my home owners association

Asked by a user in Washington - over 4 years ago.

Although it often seems like anyone can sue anyone for anything in the United States, that is an overstatement. In terms of one's ability to sue their homeowners association ("HOA"), the answer is likely going to come down to what your grounds for the proposed lawsuit are, which you did not elaborate upon. Assuming you have some basis in fact and law for your lawsuit, as an initial matter, you will need to determine if you can commence a traditional lawsuit against the HOA in a state or...

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Attorney answers:

  1. John Thomas McManus

Can BGE cut your service off in the winter?

Asked by a user in Baltimore, MD - over 2 years ago.

I suggest that you contact a representative of the Maryland Public Service Commission if you are not able to discuss this with your utility. Many states, especially those in the Northeast, have statutes and regulations that utility's must abide by for terminating service to customers, including times when service may not be terminated (for example, when the temperature is below a certain level). These statutes and regulations are specific to each state, so contacting the Marlyland PSC is...

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4

Attorney answers:

  1. Patricia Paul
  2. Richard G Phillips JR
  3. John Thomas McManus
  4. Alec Scott Rose

Commercial zoning in residential area

Asked by a user in Olympia, WA - almost 4 years ago.

I agree with the prior answer that you should consult with a local attorney on this issue before you go to the time and expense of starting your home business. I would add two questions for that attorney to consider: 1) whether your local zoning code allows this type of commercial activity in your specific zoning district, and 2) whether your "housing development" has rules, regulations, and/or a homeowners association that allow this type of commercial activity. JTM

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Attorney answers:

  1. John Thomas McManus

Utilities laws and tarrifs

Asked by a user in Saint Petersburg, FL - over 2 years ago.

I see that you live in Florida. A good starting point may be to contact the Florida Public Service Commission about your issue. The Florida PSC may be reached at: http://www.psc.state.fl.us/about/contact/ Complaints with the Florida PSC may be filed at: http://www.psc.state.fl.us/consumers/complaints/

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Attorney answers:

  1. Robert Lee Marshall
  2. John Thomas McManus

Do I need a permit to have my own free energy source?

Asked by a user in San Francisco, CA - over 2 years ago.

Mr. Marshall is correct, any discussion of your question is going to require a description of your proposed "free energy source." Assuming you are referring to solar power, for example, depending on where you plan on siting the solar array, such use may require local zoning approval, as well as approval by your state's energy regulatory (ex, the California Public Utilities Commission) and an agreement with your local utility, among other possible permits and approvals.

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Attorney answers:

  1. John Thomas McManus

What is the required amout of time that a utility company must give for consumers to pay their bill without a late fee.

Asked by a user in Naples, FL - almost 3 years ago.

I suggest contacting the Florida Public Service Commission with your question as it regulates the water industry in your State. The PSC's website is at: http://www.psc.state.fl.us/ Additionally, the PSC has published a brochure about contacting the PSC concerning complaints about water issues, among others: http://www.psc.state.fl.us/publications/consumer/brochure/When_to_Call_the_PSC.pdf