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David Merbaum’s Answers

336 total


  • Hi, I am a homeowner. I had a room to rent so I rented it to a young man. The agreement we wrote up stated that a month to month

    The agreement we wrote up stated that a month to month and can be terminated by either party at any time. Since that day having in the house has been a nightmare. For several reasons I can go on and on about. He's lied , corrupted my younger daugh...

    David’s Answer

    Under any set of facts, whether you want to get him out now or later you have to file a dispossessory, as you cannot kick him out on your own. I would tell him that having drugs (I am assuming paraphenalia is drugs) is illegal and that is a breach of the lease, whether it says so in writing or not. If he does not leave after written demand, file the dispossessory and let the judge decide. If you lose, you can always try again later or terminate the lease anyway later one

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  • I purchased a home in April of 2015, seller did not disclose that property had a "holding" tank for septic system and now.....

    We started moving items into the home right after the signing of the sales papers. On the 14th of April, we got alot of our items into the home, but had not slept a night in there. We hooked up the washer and dryer washed clothes and noticed the...

    David’s Answer

    So the question is whether the seller knew this and never told you and whether you would have found out had you exercised due diligence. ( in other words, had you done an inspection would you have discovered this issue on your own. If so you would lose even if the sellers lied) Basically you are claiming the sellers defrauded you. No one ever admits this so if you want to prove this you would have to do so via circumstancial evidence. I would contact the sellers and ask them who they used to service the septic system (obviously don't spill the beans or accuse them of anything right now).Then I would check with the septic company to see if perhaps they went out on a call from the sellers and recommended some work, but the sellers refused to do it. That might give you the proof you need to show the sellers lied.

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  • I'm wondering for business since if I could start a business and it be a corporation and me be the only employee?

    Basically for what I'm seeking is information on if I can start a business, ie; a hot shot business with a truck and trailer and get all the other pertinent legal steps with D.O.T. number and operating authority and tax id but be a corporation whe...

    David’s Answer

    If you set up an LLC or a company you are not usually personally liable for the debts of the LLC or the company. However if you disregard the seperateness of the corporation and co mingle personal and corporate assets or sign documents without indicating that you are signing as an officer of the company you could be personally liable for debts. See a business attorney that can tell you what to set up, how to do it and how to avoid personal liability

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  • My recent employer is refusing to pay, because my father owes rent?

    I was laid off by my recent employer and they told me that they decided that they where not going to pay me for the hours I worked because rent was not paid. But my father was the lease holder and I was only an occupant, also we their was an agree...

    David’s Answer

    Call the department of labor and file a complaint.

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  • What are my options to dispute a debt from a collection agency?

    This was submitted 2011 and i got a notice today that it had been bought and that i have 30 days to dispute. I do not want to renew this debt from 2011 and they got my surname wrong. I read that theres a certain expiration on when they can collec...

    David’s Answer

    Ask for verification of the debt. Also these debts are sold so many times and the collectors pay pennies on the dollar so they love when someone pays after receiving a letter. If you are not satisfied with the proof after they provide it, if they do, let them sue and prove it in court. You want to see the original bills and the charges and contact the doctor to get their records. You may owe it, but make sure before you pay

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  • What kind of lawyer do I need to retain to get this done?

    I have a home in Lithonia, Dekalb County, Georgia. What I want to do is use the home as an emergency / detention center for the department of families and children services and the department of juvenile justice as Fulton county and dekalb count...

    David’s Answer

    • Selected as best answer

    So you should contact the counties and find out what the regulations are, you do not need an attorney for that. However, you may have zoning issues to deal with and perhaps HOA issues to deal with regarding the use of the property so a zoning or real estate attorney can assist with that. Setting up a business to deal with what you want to do will perhaps help avoid personal liability. Most attorneys can assist with setting up a new company or get a corporate attorney for that. Finally, as there may be some administrative issues and hearings etc to get approval, you will need an attorney that is familiar with administrative hearings and litigates. So maybe there is one firm that can assist you on all the issues, or find separate ones to assist on specific issues.

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  • I leased a home for 6 years, paid $7,000 security deposit, I only received $2,000, I cashed the check, can I sue for the balance

    I want to sue the Landlord for the balance of the $7,000 security deposit that I paid to lease the property I lived in for 6 years. Landlord only returned $2,000 and I cashed the check.

    David’s Answer

    It depends. First off, the landlord had to follow certain procedures regarding retention of your security deposit and its return. However, if there was a bona fide dispute over the amount of money and the landlord indicated that the check represented full and final settlement, it could be what they call an accord and satisfaction and you may not have any rights. However, I would either see an attorney or send a demand to the landlord and demand all the money. If they do not turn it over, you can sue in small claims court. remember however that if there was damage to the property beyond normal wear and tear or you owed rent, the landlord may have had the right to keep some or all of the money.

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  • Can I take action against a legal firm who has had escrow funds which I was due via a FiFa from 8 years ago?

    During my divorce almost 10 years ago, my attorney filed a Fi Fa against my ex's properties for the $20k owed to me. I just found out 5 months agabout $16k in an escrow that I was due from a closing 8yrs ago. A paralegal there contacted my former ...

    David’s Answer

    You need to explain a bit more about the basis of your claim to the money. If the money was in trust, you should not need the Fi Fa to get it and I wonder why the attorney allowed the money to remain in escrow all these years if it was your money. If the money is in trust due to some other reason, I think we need to know why. At the end of the day something seems odd but it would appear you would have several ways to get the money. See an attorney for some help.

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  • Suing a broker/agent?

    May I proceed against my broker, for his false claims, enticing me to buy the gas stations by showing me exaggerated gas sales, groceries sales for the purchase of a gas station? Thanks .

    David’s Answer

    Perhaps, need more facts.Fraud is not easy to prove but it can be done. You need to show false representations, scienter or knowledge that they knew they were false statements, intent to get you to rely on those false statements, justifiable reliance, and damages.You should see an attorney to examine your facts to see if you meet all the elements of a fraud claims. Of course if there is a contract involved, you may have a breach of contract case. Also there is something called negligent representation which may be easier to prove than fraud. Very fact specific type of cases.

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  • Can you be evicted from your home if landlord files eviction under wrong name.

    My lanlord filed Horace Holt Jr when he filed eviction but that's my dad's name I am Horace Holt iii so I didn't go to court because I was filed under wrong name.

    David’s Answer

    First off, make sure you answer and file all your appropriate affirmative defenses including failure to join an indespensible party, failure to state a claim, and that there is no landlord tenant relationship between the Plaintiff and the Defendant. All that being said, I can see the judge allowing the plaintiff to simply amend the pleadings as a misnomer especially if you are the tenant and were served with the suit. Besides, even if its thrown out, the Landlord can simply refile - don't waste time and the court's time... you are going to have to deal with the issue of the eviction at some point, why not do it sooner than later.

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