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Brian James Hinkle

Brian Hinkle’s Answers

9 total

  • I am a doctor(psychiatrist)released from prison in 9/16/13, now on parole (through 2021). What work can I do in behav health?

    Convicted for sale of controlled drug prescription. Want to pursue re-licensure but TOO expensive with dismal success rate. At same time, I WANT AND NEED to work in some capacity in behavioral health,given my 35 yrs experience, for personal healt...

    Brian’s Answer

    You have already identified one option - to seek re-licensure. A competent employment attorney with experience in professional licensure matters should be able to answer any questions you may have regarding your other options. Speaking to anyone other than an attorney experienced in these matters is not likely to yield any valid advice.

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  • How to Dissolve LLC in PA

    My fiance formed an LLC with his partner to start a General Contractor business a few years ago. His partner felt he was not making enough money and wanted to go on his own. How would they dissolve this LLC? There are only two people involved. The...

    Brian’s Answer

    As a matter of course, LLCs should be dissolved when no longer in use. Dissolving the LLC requires filing the correct paperwork with, among other state agencies, the Dept. of Revenue and the Dept. of State. While some individuals may be able to navigate the process on their own, you should contact an attorney to have this done. In all reality, the amount you would spend to have an attorney help you naviage the process would be well worth it in light of the time you would spend attempting to file these forms on your own.

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  • I had to move out of the home my husband and I were renting for over 9 years.

    He is now suing me for the last month's rent, which I don't have a problem paying, except for the fact that he had agreed to give me 2 weeks to get all my things out and do the cleaning, etc. 4 days after he agreed (verbally) to give me 2...

    Brian’s Answer

    If everything is as you say it is, you should contact an attorney immediately. You likely have a number of claims against the landlord.

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  • Does a owner of an apartment building required to inform the tenants that the building is being sold?

    I recently found out the building was being sold directly after my lease was renewed. I do believe that the sale was hidden from the tenants. There was no sale sign in front of the building nor was there anything sent in writing. In addition, th...

    Brian’s Answer

    It is highly likely this situation is addressed in your lease.

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  • How to evict

    No lease no rent paid in home for several years.

    Brian’s Answer

    More facts would be required for a thorough answer, but if you reguarly accept rent every month, then you likely have a month-to-month lease. In that case, you should give at least thirty days notice to the tenant that you are not renewing the lease and want him/her to move out. Once the thirty days has passed, you have some options if the tenant doesn't move out. You should contact a local attorney to discuss these options. As for the failure to pay rent, again, you should contact a local attorney to discuss your options.

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  • Am I entitled to the commissioned earned on all the sales I contracted?

    i sold 211,000.00 in advertising for this year 2013. I was fired mid February because I hadn't sold enough. The sales will be invoiced through the year as the advertising is published. The company will realize 211,000.00 in revenue do to my effort...

    Brian’s Answer

    Attorney Shields is correct. If you had an employment contract, this situation would likely be addressed in that contract. The PA Wage Payment and Collections Act (WPCA) may also apply. You would need to discuss the specifics of your situation with an employment/contract attorney to determine what your options are.

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  • I am moving more the 1700 miles away do to loosing job. Can landlord make me pay to get out of lease

    I lost my job and I told landlord , that I will be moving to a different state . More then 1700 miles away , they said the only way to get out of lease , was give a 30 day notice ( I Did ) and I would need to pay two months rent . My lease ...

    Brian’s Answer

    It depends what terms you agreed to in the lease. If you agreed to this situation in the lease, you must keep up your end of the bargain.

    Many leases have a "buyout" provision which allows the tenant to terminate the lease early and pay some type of penalty. Also, if you are in the military, the service member relief act may allow for early termination.

    A competent attorney could tell you if your lease contains a buyout provision. These provisions are also pretty easy to spot, so You could also just read the lease yourself.

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  • Is there a list of approved charges that a landlord can charge a tenant? i.e excessive trash and a desk left in premises.

    This is for a property in PA.

    Brian’s Answer

    There really is no list of "approved charges." That being said, a landlord cannot generally keep a portion (or all) of your security deposit for normal wear and tear on the premises. However, they can keep a portion (or all) of your security deposit for damages outside of normal wear and tear and if you leave items that need to be removed from the premises - excessive trash and desks included.

    The landlord would also need to provide you with an itemized list of charges within 30 days after termination of the lease or your surrender of the property, whichever occurs first.

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  • Do I need to pay this agency or are they a scam?

    Applied for a payday loan in April 2012 . Company deposited $ 300 . 00 into my account saying I electronically sign a contract , which I did not . could not contact a live person when trying to contact this company and eventually they started...

    Brian’s Answer

    Unfortunately, the reality of your situation is all too common these days. As was already noted, threats of jail time by collectors are virtually always false and it is very difficult to tell the difference between a legitimate collector and a scam. There are, however, consumer protection laws in place which help protect you from unscrupulous debt collectors. As Attorney Skaar noted, you should keep all communications from these collectors, as you may have a claim under the Fair Debt Collections Practices Act. You should speak with an attorney who is familiar with this area of law.

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