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Jan Ingham Berlage
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Jan Berlage’s Answers

26 total

  • Chance for a 100% Contingency Fee Arrangement by an Intellectual Property/Copyright Infringement Firm? Thank you!

    I am getting ready to start my IP attorney search. I'd like to get an idea if my main case facts make sense to retain a 100% contingency fee IP attorney. I have about $100,000 in actual damages & my materials hold a copyright certificate from the ...

    Jan’s Answer

    Hi, I think youa asked this question in another post as well. You are asking questions that require more dialogue and details. The responses will be lengthy as well. I think you should try to call a few attorneys, perhaps ones that have posted here, to get you started in the right direction. Many of us are even available via phone on weekends. I wish you the best of luck!

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  • Potential Copyright Infringement-Intellectual Property-Trade Secrets Case. Thank You!

    My claims seem to meet the main criteria for contingency fee representation. I'm a small biz who'd be going against a lg, franchise company (my past client) who I'm claiming isn't using my written materials (copyrighted with govt’) in according to...

    Jan’s Answer

    I would suggest speaking to an attorney who has trial experience in copyright infringement. It sounds like you may have a case for copyright infringement but I would need more details to give you better advice. Many attorneys will give you a free phone consult.

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  • Is there anything I can do if a purchased a vehicle and the dealership did not disclose that it was in a vehicle collision?

    I purchased a 2014 Infiniti from a BMW dealership they said was a trade in, I purchased it on January 17, and now today Feb 24 I take it to my local Infiniti dealership and they pull my vehicle info with my VIN number and they ask me where and whe...

    Jan’s Answer

    You may very well be entitled to damages due to the non-disclosure. I would seek the services of a reputable Lawsuits and Disputes attorney who may be able to take your case on contingency with no money down. The feasibility of this though depends on how strong the case is and the amount of damages that could be recovered. If you have to engage an attorney and pay an hourly rate you may find yourself spending more than the damages to be recovered particularly if the matter cannot be settled quickly. Many attorneys offer free phone consultations- got to the "Find a Lawyer" tab and select a few to call to get a more solid idea of how strong your case is. I also think that Mr. Oakley's advice was wise and could perhaps be an alternative to hiring an attorney.

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  • I have $18,000 cash in my bank account (my only asset). I am forced to take out BK 7 Will the trustee take all my cash.

    I received the $18k from the sale of my home in AZ Jan 30,2015. I had to sale because my renter moved and I was behind on my 3 Mortgages. I have been out of work now for 1 1/2 years and no money. After the sale, all my mortgage's are now paid. I w...

    Jan’s Answer

    In general, your finances will often be scrutinized during the year preceding your filing (sometimes they will go back further). Have your attorney explain preference payments and fraudulent transfers to you and the time periods for each in regard to your filing date. Have your lawyer also review the federal exemptions for motor vehicles/wild card and have him or her apply them to your assets.

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  • I need a bankruptcy lawyer

    Truck driver

    Jan’s Answer

    You can use the AVVO "Find a Lawyer" search tool and read reviews and profiles of Bankruptcy Attorneys. Good luck!

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  • Will overtime effect my numbers or hurt my Chapter 7?

    I've worked a steady diet of OT the last six months and am definitely not complaining about the much needed bump in funds. However, even though you can clearly see it listed on my pay stubs separately it is still lumped into the overall gross. ...

    Jan’s Answer

    Most likely, the overtime and the va check will be taken into account when applying the means test. Do you know if you qualify for chapter 7 or have you done any preliminary calculations based on the Maryland means test? If it is not a substantial amount it may not even matter in the bigger picture. Other details would need to be considered to give you better advice. Such as, car or house ownership or any judgements on your part? Have you made any large purchases in recent months or withdrawals? Your financial activity in the months leading up to filing will be scrutinized as well as your pay. I suggest making a couple phone calls to local attorneys as a way to start figuring out your options. Thanks and good luck.

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  • Is the None Disclosure Agreement (NDA) my only method of protection from the possible theft and pirating by the firm I hire?

    I would like to submit design specifications to an electronics engineering firm to build and manufacture my electronic unit.

    Jan’s Answer

    Definitely copyright the design before you decide to share it with any other parties. As far as the confidentiality agreement, you should employ one as part of your strategy. If you plan on branding and marketing the units yourself, you will also be served well by registering any trademarks and having a due diligence check done to ensure you are handling your intellectual property appropriately. If this is a serious endeavour, I recommend consulting with local counsel and sitting down to get a multi faceted strategy in place.

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  • What are legal fees for chapter 7 bankruptcy in Maryland

    Husband and wife need to file chapter 7 bankruptcy

    Jan’s Answer

    I would suggest calling a few attorneys and doing phone consultations with them to start which are typically free of charge. There are no set fees and every firm/attorney can set their own fees. As with any other product or service, there is a range on cost/fees but you will probably find in the end that any difference is not that substantial to justify choosing an attorney on cost alone. Talk with them, ask questions, check credentials. Best of luck!

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  • Do I have a case? Would it be beneficial to me to contact an attorney?

    I was a contractor for Fedex Ground and lost my contract 2 and a half years ago due to breach of contract, FedEx said my employees had too many vehicle accidents. I didn't believe that was the true reason then, I believe it is because I am a woman...

    Jan’s Answer

    You may have a case but the details you did not list could be crucial in accessing the viability of your case. The statute of limitation is 3 years so my best advice is to seek a consultation immediately. Gather all your contracts and documentation in the meantime.

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  • Can Lender Start Foreclosure after lawsuit against them was dismissed without prejudice and how long do I have to refile

    I filed suit pro se against my loan servicer & lenders when they refused to correct the errors in my account and harassed me with daily phone calls claiming I was in default when I was not. One month after I filed suit, my mortgage payment was r...

    Jan’s Answer

    I agree with Mr. Shuster completely. Dealing with a mortgage lender is serious business and should not be treated like a do it yourself project. They have attorneys on their side who do this every day and you need someone on your side as well. Most attorneys offer free consults and if they have more details of the case, they can give you better advice. I'm sure you may be concerned about the cost involved, but if you don't want to lose your home, please take that step to at least consult.

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