Derek Paul Adler’s Answers

Derek Paul Adler

Charlotte Litigation Lawyer.

Contributor Level 8
  1. My independent contractor stole my clients. Did not have her sign a non-compete form. What are my options?

    Answered 7 months ago.

    1. Paul Cipriano Balassa
    2. Derek Paul Adler
    3. Jeremy Todd Canipe
    4. W. Patrick Westerfield
    4 lawyer answers

    I agree with the other posts. You'd have an open and shut case with a non-compete and confidentiality agreement. An unfair and deceptive trade practice claim is viable; however, the cost to litigate it does not justify filing suit unless your losses are tens of thousands of dollars. You should still find an attorney to send a cease and desist letter and draft a form contract for future use. Good luck!

    2 lawyers agreed with this answer

  2. I am a sub contractor I signed a contract to do work for a Hugh company .after waiting a week to start the job

    Answered 5 months ago.

    1. Jonathan Paul Ward
    2. Derek Paul Adler
    3. Marcus J Lemon
    3 lawyer answers

    It all depends on the language of the contract. You need to have an attorney review it. If the contract does not allow him to cancel the contract for no reason, then you may be entitled to costs spent thus far, plus your anticipated profits on the project.

    1 lawyer agreed with this answer

  3. Do I need a real estate attorney?

    Answered 6 months ago.

    1. James Patrick Galvin
    2. Derek Paul Adler
    3. Rosalia Maria Sotelo Hawkins
    3 lawyer answers

    Unfortunately, you cannot force a lender to refinance, remove a borrower, or substitute a borrower. So, the short answer is that you are at your lender's mercy. Other than refinancing the loan or adding some additional form of security (new guarantor or additional property pledged as collateral), your other option is to sell the property.

    1 lawyer agreed with this answer

  4. What is the law in North Carolina as to how much notice you must give in order to vacate a rental apartment once your lease is

    Answered 2 months ago.

    1. Vance Tate Davis
    2. Derek Paul Adler
    3. Shelley Ann Elder
    3 lawyer answers

    If you have a written agreement that says 60 days notice is required, then that controls. Otherwise, if this is a month to month lease, then you are only required to give a week notice in North Carolina.

    1 person marked this answer as helpful

  5. Do I need to file discovery/interrogatories with the clerk of court as well as defendant or only

    Answered 2 months ago.

    1. Derek Paul Adler
    2. Timothy E Fizer
    2 lawyer answers

    You don't need to file them. They only need to be served on the opposing party and you must include a certificate of service indicating how and when they were served. Also, if the opposing party seeks an extension of time via court order, the motion and order would have to be filed, but not the discovery.

    1 person marked this answer as helpful

  6. Seller no longer wants to lease to own because of late payments. Been buying since 2011. Now wants me to pay rent.

    Answered 2 months ago.

    1. Kenneth Love Jr.
    2. Derek Paul Adler
    2 lawyer answers

    Contracts to buy land must be in writing. If you don't have anything in writing, you will not be able to compel seller to sell to you. However, you should contact a litigation attorney because you may be entitled to the cost of repairs/additions under the claims for betterment and/or unjust enrichment.

  7. I own a piece of property that is land locked. Adjacent owner will not sell land for easement Want to sell property.

    Answered 3 months ago.

    1. Guy Jon Mendini
    2. Derek Paul Adler
    3. Michael T Millar
    3 lawyer answers

    Depending on how the landlocked parcel was created, you have an array of options. Sometimes, easements can be corrected as a matter of law based on passage of time. These are prescriptive easements. Other times, the courts will create an easement by necessity (which you may have to purchase). You need an experienced litigator to research this issue and potentially file a declaratory judgment action if the matter cannot be negotiated with the neighboring owner.

  8. Is a verbal contract legal in performing work for a contractor in the state of SC?

    Answered 3 months ago.

    1. Derek Paul Adler
    2. Brian D. Swan
    2 lawyer answers

    A verbal contract is enforceable. However, you should note that at least in North Carolina, you can only sue in small claims court in the county where the defendant resides. Therefore, you may have to file in North Carolina.

  9. My friend signed his house to me for a loan. I promised to sign it back after he paid me back. He was supposed to pay 400 for

    Answered 3 months ago.

    1. Kenneth Love Jr.
    2. Derek Paul Adler
    3. Charles Christopher Adkins
    3 lawyer answers

    I am not quite sure I follow the facts. If you now own the property, and there is no lease, you can evict him from the property. The value of the property would presumably cover the cost of him not paying rent. If you'd like to discuss this matter further, please let me know. Our firm is experienced in this area.

  10. I was on my motorcycle when a car turned left in front of me. My medical bills are well over $100k. What should I expect?

    Answered 6 months ago.

    1. Michael Scott Rothrock
    2. Seth M. Bernanke
    3. William S. Mills
    4. J. Michael Malone
    5. Jeffrey Mark Adams
    6. ···
    15 lawyer answers

    Unfortunately, you are not the first person to experience this type of situation. Most personal injury attorneys are well-versed in UM/UIM coverage. Sometimes, you may be covered under more than one policy - for example, if you reside with a parent or an individual that has a separate policy. If you were driving someone else's motorcycle, that also may provide additional coverage. Often times, these policies stack. In any event, you should certainly ask for a consultation. Upon a...