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Lauren Morgan Ellerman's Answers
- 235 Legal Answers
- 4 Legal Guides
1
Attorney answers:
How to defend against bogus invoice sent by a snow removal contractor?
Not much you can do that you are not doing: 1. Keep all communication in writing. 2. Tell them you are not paying. 3. IF he goes to a collection agency (and I doubt he will for $160 debt) - you appeal to them. 4. If they go to Court, you appeal that. or - you could always offer them some money to make it go away and save your time and effort - like payment for 1 hour. Its up to you. Good luck ---
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2
Attorney answers:
Do I have a wrongful termination case in Virginia?
Dear Yorktown - Your only possibility would be possible discrimination under the ADA - Americans with disability act, if you were fired... Otherwise under Va law you can be fired for any reason.
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1
Attorney answers:
Can I be sued as Power of Attorney for my mother-in-law?
Great question. If the landlord sues on breach of contract (failure to pay rent) they can only sue the party with whom they contracted - meaning your Mother in law. They would have to serve her in a nursing home, and prove to the Court that she had an agreement and failed to pay. You are not a party to that agreement and cannot be personally sued. Their threats are just threats --- ignore them, and keep helping as you can. Just don't sign anything as a guarantee personally. Good...
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1
Attorney answers:
What options do I have for negligence at an auto repair facility?
Breach of contract, breach of warranty are two possible claims. Who repaired it the 2nd go around? did you ask the first shop to pay for their mistake? These cases can get complicated - you may want to speak to an attorney who handles consumer cases. If they do not agree to cover your 2nd repair bill, you may need to file suit and hire an expert that states the problem was their fault. Good luck!
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4
Attorney answers:
How long does a personal injury case like mine usually take in Virginia?
You must file suit within 2 years of the incident. Depending on the court you file in, it could take 1-2 years from the date of filing. Get moving on this one!
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1
Attorney answers:
May an employer withhold severance pay following an at-will termination (VA) even though no termination agreement was signed
Dear Arlington, Sadly, there is no right or guarantee of severance in Virginia - and they can ask you to sign a new agreement in exchange for the severance. Most likely, the new agreement contains a non-compete clause in it. You will need to evaluate whether the severance is worth the added headache of limiting your future employment choices, waiving your right to file suit etc. Have an attorney explain the proposed agreement to you before signing.
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1
Attorney answers:
If a lawsuit is filed in Va. & the Ins. Co. is homebased in Arizona, Do we have to travel to their state to settle this in court
If the lawsuit was filed here in Virginia, then you do not have to go anywhere but to the Court house where filed. The insurance company will send someone if their physical presence is required. It doens't sound like a lawsuit has been filed yet, but if the home is here and damage is here, you will not have to go to Arizona.
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2
Attorney answers:
Can a power-of-attorney handle ALL affairs for an individual, or is this power limited?
Dear sir: I am so sorry you are having to navigate the waters of both cancer, and dealing with large companies. IF the power of attorney gives you the right to make financial decisions on your Father's behalf and access such accounts, then I would again send the POA to Verizon pointing out the paragraph that gives you said right. I would also tell them you would like to speak with their legal counsel - and see if that doesn't help. Good luck -- you are in a difficult situation but...
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1
Attorney answers:
My father in law needs power of attorney over him due to medical reasons, how can his son do this, because he is married?
Under Virginia law, you can appoint ANYONE to be your power of attorney. It is however, your Father in law's choice, not your husbands. If he wants to appoint his son, he has the right to do that. If he wants to appoint his wife, that is also his right. He could even appoint Mickey Mouse if he really wanted to... HOWEVER if he is incompetent, he cannot appoint a power of attorney legally, and you may need to contact a lawyer and file a Guardian Petition. Son can file and wife can fight it...
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1
Attorney answers:
I tried filing bankruptcy in june, the lawyer was put out of business in september, what can i do
Wow. I am very familiar with this very sad scenerio and am sorry. Anytime someone has money that you think you are owed, you can file suit in Small Claims Court in the City where you live or where the transaction took place. The bad news is, I don't know that you will ever see your money as the attorney may not have any assets.. I am so sorry for this situation. You could try to file suit and get the $1500 back - the sooner would be better. Good luck,
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