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David Haar’s Answers

240 total


  • What can i do about this?

    The judge gave me probation and the punishment didnt fit the crime.I had one distribution charge whereas the judge gave me the same time as the guy in front of me which had 3 distribution charges.Ive never been in trouble ever not even a speeding ...

    David’s Answer

    I agree with Mr. Snell. You should consult with a criminal defense attorney right away. The other option which may be available is a motion for Post Conviction Relief (PCR). The attorney will be able to determine if a PCR motion is available to you and if it is something you want to risk. That’s right “risk”. The ultimate result of a PCR is to wipe out the prior conviction and reinstate the charges. At the next trial if convicted, you could be sentenced to jail, if allowed under the statute. You need to ask yourself do you want to risk going to jail by moving forward with a PCR?

    I know this is telling you something that is too late to correct, but you should have never represented yourself in criminal court. Anytime you have criminal charges, you should always consult with an attorney. If you cannot afford an attorney ask the judge to appoint you one.

    From the way you describe yourself and situation, you should have been a prime candidate for PTI. From my understanding, you have no prior criminal history. You are working and supporting your family. And you can pass drug tests.

    A local attorney who has a good rapport with the Solicitor’s Office may be able to negotiate something for you. Contact a local criminal attorney as soon as possible. The longer you wait the more rights you lose.

    I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Signed a contract to sell our trees on our property yesterday contract is not worded as orally agreed we would like to cancel ?

    A man came to our house yesterday and offered to buy our trees we were busy working but walked him around the property and told him we wanted to keep a big tree here and there and some trees in our dog pen for shade, and a magnolia tree, and all o...

    David’s Answer

    Legally, you might have a difficult time winning this in court. Once you sign a written agreement, verbal terms that alter the written agreement are barred from court under the Parole Evidence Rule. Fraud or misrepresentation may give you an “out”, but, based on the facts you describe, the written terms were plain and clear. If the written terms did not conform with the prior discussion you had with the lumberman, you would need to explain to the judge why you signed the written document even though it was not what you had discussed.
    Practically, I would recommend calling an attorney today. You should be able to obtain a Temporary Restraining Order stopping lumberman from cutting trees until a full hearing has been held. Please understand, you could lose once the full hearing is held. The temporary restraining order would merely buy you some time to negotiate with the lumberman. The balancing of harms at the temporary hearing weigh in your favor, i.e. if the TRO is denied and lumberman cuts down the trees, you are irreparably damaged on the other hand, if the TRO is granted, the lumberman’s damages are minimal for if he has a valid case the TRO will only delay his right to cut the trees and earn his profit.
    Also practically, you or your attorney will need to talk to the lumberman to see what his position is. Has he accepted return of the check? Will he agree to cancel the contract? Do you and he want to re-write the contract specifically noting what trees are to be taken and what trees are to remain (obviously, this would require both of you to agree)?
    Until you have a written agreement or court order to the contrary, you should assume lumberman can show up at your property and start cutting all the trees except for the live oaks and the magnolia.
    I know you have heard it before and maybe have even given other people the same advice, but never sign a contract without reading it and understanding what you are signing. If you do not understand the legalese of the contract or are unsure, take it to an attorney for their opinion and explanation. If the other party puts pressure on you to sign without reading or seeking an attorney’s opinion, DO NOT SIGN IT! This should be a large red flag telling you something could be wrong.
    I hope this information helps and good luck.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Can My wages be garnished for a car repo?

    Back in 06, I had a car repossessed. I had bought it from a buy here pay here place and the loan had been transferred to a different company without my knowledge. I became late on my payments and it was repoed. I never heard anything from them aft...

    David’s Answer

    No, they do not have the right to garnish wages on a claim of this nature. It is also against the Fair Debt Collection Practices Act for them to threaten this since it is not available in SC. Debt collectors cannot threaten you with actions they are not allowed to take.
    More good news, if the car was repossessed in 2006, it is likely they are outside of the statute of limitations to pursue you for the deficiency. The statute of limitations is three (3) years which will run from the date of last payment or the date the car was sold, whichever occurred later.

    If you make a payment now, you will renew the statute of limitations or possibly, if you promise to pay the debt in writing, you may extend the statute. So be careful with how you proceed.

    I am assuming they do not already have a judgment. If they file suit and you are served with papers, be certain to file an answer raising statute of limitations as a defense. If they do file suit, you may want to retain an attorney to assure all your defenses are presented and you do not fall victim to certain lawsuit “traps”. If you are served, give me a call, I can help.

    I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • What should I do if she is threatening "alienation of affection" against a female friend?

    My wife and I are living separately now. We have struggled with our marriage for over two years. She has gotten phone records of where I texted a female co-worker friend considerably more than any other number. This person is a friend and hasn't a...

    David’s Answer

    I am not certain your wife would have to prove an actual affair to be successful. She would have to show willful and malicious interference with a marriage by the other woman, without justification or excuse. From your wife’s point, you owed her the confidential conversations and texts, not some other woman.

    Now, if there was only texts and conversations, I doubt your wife would be successful in a suit against the co-worker for alienation of affections. It is not something favored by most courts and not even recognized in a lot of states.

    1. Can the phone records be used by your wife in such a case? Yes, but they would need to be properly substantiated and introduced by the appropriate witness.
    2. How do you protect your friend? Reduce your interaction with her to a minimum until you have a separation agreement approved by the court or until you are divorced.
    3. How do you protect yourself? The same way as you would to protect your friend.

    Speak with a family law attorney. I believe I read that Jeffrey William Gillette practices in Raleigh. He posts very good legal and common sense advice here in AVVO and should be able to help you.

    Good luck. I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Can a court case be dismissed before the court date

    i have a police officer friend who said he made a call to the judge and that my court case would be dismissed is that possible and can it be true.

    David’s Answer

    I agree with Mr. Beaulier and would add do not miss the scheduled court date. Let an attorney handle it for you. The attorney should be able to quickly determine if the matter is still on the docket and advise you the best way to handle it.

    Take, note, there is also a new list of traffic violations for which appearance is mandatory. Here is a link to the list;

    http://www.nccourts.org/Forms/Documents/1135.pdf

    Good luck.

    I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Roof Leak in Townhouse

    HOA patched roof assumed responsibility but not wanting to pay for interior wall repair citing that in the covenants it states this is the home owners responsibility. It does not say that interior damages caused by something on the exterior the HO...

    David’s Answer

    You should have a real estate attorney review your Master Deed and By-Laws to determine who is responsible in such a situation. Also, sometimes a demand from an attorney will produce results. Just as you have questioned the “value” of going to court over this, so will the board and they may be prone to settle rather than hire an attorney to defend it.

    With that said,

    1. In a typically structured condominium HOA, you are responsible for the interior of your unit and there are insurance packages available to cover your property and these damages.

    2. In addition, you may be able to make a claim on the HOA’s insurance policy. If the insurance company accepts your claim, you would be responsible for a percentage of the deductible on such a claim. That percentage is usually a pro-rata portion of the damages/claims. For instance, if you have $ 1,000.00 in damage claims and the HOA has $ 9,000.00 in damage claims and the deductible is $ 1,000.00, you would be responsible for $ 100.00 of the deductible and the HOA would pay $ 900.00, which would then be charged to all homeowners as a general expense. In the same scenario, if you had $ 1,000.00 in damage claims and the HOA did not make any claims, again with a $ 1,000.00 deductible, you would be responsible for the full deductible.

    3. Lastly, you should also ask the HOA board (or your neighbors) how the board has handled similar claims in the past. If they have paid other unit owner’s claims and/or deductibles, you would have a good argument for them to pay for yours as well, even if the covenants say differently.

    I know it is difficult to look at something objectively when you have water running down your wall or you are ripping out sheetrock to get rid of mold; but, when looking at it objectively, the HOA, in reality, is you and your neighbors. A claim to cover the damages you describe, is, essentially, a request to spread the cost of the damages to all of the homeowners. If that is what the HOA has done in the past, it is indeed unfair for them to refuse to treat you the same now.

    Good luck. I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Can I sue the woman who blackmailed my husband?

    Dear Sir, Between June 2008 - December 2008 my husband had an affair with this woman who then blackmailed my husband pretending to be pregnant. She used my husband credit card without authorization and now we are living in huge debts because o...

    David’s Answer

    My colleague may not tell you what you want to hear, but her assessment is right on the nose.

    If this woman used credit cards without authorization and blackmailed your husband, your husband should call the police. If he can prove the allegations, a criminal charge should be the quickest route to a possible restitution.

    Also, your description sounds closer to “obtaining money under false pretenses”, instead of blackmail or extortion. Blackmail/extortion is attempting to obtain money or something of value through threats to expose something or to file criminal charges. You have to be able to show a communicated threat. False pretenses would be something along the lines of, “I’m pregnant and need money for doctors and expenses” (when she is not pregnant, and knows she is not pregnant); whereas blackmail would be “send me money or I will tell your wife.” It is not an either/or proposition, you may have both depending on what was said or communicated.

    You can pursue her civilly, but finding an attorney who would agree to handle this on a straight contingency fee basis, may be difficult. I am assuming the perpetrator has no money or assets. If that is the case, you would be asking the attorney to work for free.

    Good luck. I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Employer sold company & no longer exists.Is non-compete from original company valid if new company didn't hire me?

    Business sold and no longer exists. I was not guaranteed a job with sale of business. New business said I could apply for job. This was done, but they determined there was no place for me. New company has taken over all service accounts/contra...

    David’s Answer

    Courts disfavor non-competes; however, courts will uphold them if they are properly executed, supported by valid (usually substantial) consideration and reasonable in terms of geographic scope and time.

    I would not simply assume yours is valid from the outset. The only way to be certain is to have an attorney review it and talk with you about how and when it was entered, what consideration you received for it and whether it is reasonable in time and scope.

    There are no set numbers on reasonableness, it will depend on what your company does and what your job is. Perhaps even what industry your company practices in.

    Good luck. I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • I sold a car and they are threatening to sue...can they?

    I sold my car last week to a couple. They knew it had mechanical issues. And i sold it to them for a low price because of that, even lower than we had originally spoken about. I had taken it to the shop and the mechanic told me it was the lower ...

    David’s Answer

    The general rule in a sale between non-merchants is Caveat Emptor or "Buyer Beware". The buyer must take care to be assured they are getting what they bargained for. In a situation such as yours, the buyer has the obligation of determining if the car is worth the price, if the car is in good shape, etc...

    Unless you specifically guaranteed something or misrepresented something, the buyer should be stuck with the car.

    Can they sue you? Yes. If they do, answer the complaint and file your answer with the clerk of court. I would also recommend hiring an attorney at that point or at least consulting with one.

    Good luck. I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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  • Overtime pay for people on salary?

    In NC are people that are paid a monthy salary obligated to work overtime with no overtime pay?

    David’s Answer

    Yes, if you want the salary. I would expect if you went to an hourly wage, you would work less hours and make less money. I have not heard of any employers in our area increasing wages or hours (for hourly employees). I have heard alot of complaints about cut wages and hours.

    If you have another opportunity that will pay you more for less hours worked, I would jump on it. If not, any job in this economy is a good job.

    Good luck. I hope this information is helpful.

    David Haar, Esq.
    Spirakis & Haar, PA
    Myrtle Beach, SC
    www.SpirakisandHaar.com

    * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

    See question