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David Merbaum’s Answers

313 total


  • If you cannot serve a defendant and she has an attorney can you serve the defendants attorney.

    the defendant wont answer the door

    David’s Answer

    if the sheriff cannot perfect service you can try to mail the complaint and summons with a special notice that requires the defendant to accept service and if they refuse within 30 days then you can get back all costs incurred in serving the defendant. I suggest you see an attorney to try this option. You could also see if the attorney would acknowledge service for the defendant. worth a try

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  • So what is normal wear and tear? Can management demand I do things that were not mention in the lease?

    Management is stating that the entire interior of the apartment had to painted. I asked why they or myself couldn't just do small touch ups with a brush. They stated the walls would not match, the new spots would show. The carpets show ve...

    David’s Answer

    The landlord was required to do a final walkthrough as well and send notice within 3o days that they are holding the deposit and why. If you disagree with charges then if they Landlord sues, you can file a counterclaim or if you want to beat them to the punch, sue for failure to return the deposit, depending on the facts and if you win you could get attorney fees and the landlord might be prohibited from getting anything against you and you could get 3x the deposit as damages.

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  • Is there any repercussions against an attorney whose client has refused to follow a court order?

    I have a civil and criminal lawsuit against a defendant, and was court ordered to surrender a piece of property until dispute was settled, the defendants attorney has not complied with the court order to do so, is he in violation ?

    David’s Answer

    If the order requires the attorney to do something, then yes, the court can impose sanctions against the attorney. If the order is aimed at the defendant, then it is the defendant that is subject to sanction for ignoring an order of the court

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  • I have a court issued garnishment for an old renter, she works for a hospital but she has a 1099 How do I get garnishment done?

    she has sent a letter saying she doesn't work for the hospital but she wears their badges in recent pics on line.

    David’s Answer

    Whether its wages or 1099 money if the hospital pays her you can garnish the money. If she truly does not work there then the hospital will answer with that fact. If you disagree and can prove she works there, then you file a traverse to the answer filed by the hospital. A picture with a badge however will not be proof that she works there. If you want to be sure, send some post judgment discovery and she will have to tell you where she works and where she banks.

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  • I negotiated a roofing job for 1800 labor and I would provide the material per his measurements.

    On a day later than contractor was suppose to start he calls and says miss measured job and needed more materials and needed 500 more in labor. Told him that was not what we agreed to. He said he was not going to eat the difference so I told him...

    David’s Answer

    Actually he trespassed on your property if you told him not to do any work. So I would contact him and tell him you now have to hire a roofer to replace what he took off without permission so he can drop the lien and move on or you can calculate your damages. The roofer breached the contract by refusing to perform for the agreed price. If you hire another roofer and it costs more than what he agreed to do the job for, that is your damages. Get an attorney to send this guy a "Nasty Gram"

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  • Mortgage company filed a civil suit

    We went into foreclosed on a home. The mortgage company took possession of the home. Now they have filed a civil suit. What should we do?

    David’s Answer

    You need to see an attorney and do not assume anything. There are many potential defenses to a deficiency suit. Also, until those defenses are examined it makes no sense to even consider filing bankruptcy.

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  • Hi, I want to break a commercial lease. The other tenant on the lease broke the lease. What are my options in getting out?

    The other tenant only had the security deposit taken away.

    David’s Answer

    You need a LT attorney to review the lease and also would want to see if you have rights of contribution against the other tenant in the event you get stuck for the rent that is due

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  • I won a default of judment small claims on 4-2 and on 4-29 a letter states trial on 5-2 why? How can he stop garnishment already

    His employee just called n stated they are sending the papers to the court next week so garnishment hasn't started or the request to do it yet.. Why do I have trial n need to prove myself when I won the default of judgment already n the courts do...

    David’s Answer

    You may have gotten a default because an answer was not filed, but maybe you did not get an award of damages so that is what the hearing may be for. If that is the case the garnishment would be premature. To stop a garnishment the garnishee or defendant can file a traverse which is basically a challenge to the garnishment. Your facts are not very clear so you should just talk to an attorney who can then better understand what happened by reviewing the paperwork and asking you some direct questions.

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  • Can you pursue a civil lawsuit against a storage company for loss and damaged items while in storage?

    I had a shipmentof house goods that were in "no access" storage. The storage company also delivered the items. They lost several items and damage numerous pecies of furniture. They are not willing to reimburse me for the lost items and damages tot...

    David’s Answer

    You will need an attorney to review the contract which may have a limitation of liability and then determine if you can not only pursue this but the extent of what you can recover. Have an attorney that knows contract law take a look at this for you.

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  • There was water damages and personal property loss due to the negligence of a Plumbing Company.

    A Plumbing Company was contracted to change the existing pipes to copper pipes on the 99 townhouses in my community. The plumbing company said it was mandatory to change the pipes in my basement as well. The plumbing company proceeded to drill t...

    David’s Answer

    You need a construction attorney and one that handles litigation as well. You need to calculate your damages. You could of course make a claim on your insurance and once they pay they would go after the plumber for what they call subrogation, that is to recover what they paid you. Or you could proceed against the plumber for negligence and most likely he has insurance so you should get full compensation.

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