Skip to main content
Thomas Richelo

Thomas Richelo’s Answers

888 total


  • I received a letter from a firm representing my former employer that I contracted telling me I breached my contract with them.

    I say former employer because I found out only yesterday ( May 23rd) from the letter from the attorney that I was fired effectively immediately. The letter was dated May 22. I had no idea because I had been seeing patients all week. long story sh...

    Thomas’s Answer

    Also, the attorney you hire should be relatively local to your matter's location. While mostly Atlanta attorneys respond to Georgia questions, you may need someone who can appear in court locally to file motions; be there for negotiations if it comes to that; and ideally, to know the local courts. Good luck.

    See question 
  • Do I have any rights against a landlord that has changed his mind about renting?

    We (landlord and myself) signed a 3 yr lease purchase. I paid $2100 which included first months rent of $1050 and deposit of same. Now they have changed their minds 1 week before move in . What rights do I have?

    Thomas’s Answer

    It depends on several things, including what your contract or agreement says. An attorney would have to review that, and then get some additional facts from you, to see what your rights are.

    The analysis may also be a little different depending on what type of lease-purchase arrangement it is. Also, the outcome you want may matter: do you want your money back? Do you want to enforce the agreement and your right to purchase? Do you think the purchase would be a good deal? These factors have to be considered. If the outcome you want is to get your money back, then it may be a matter for small claims court (but I would not suggest you tackle that without an attorney). If you want to go for "specific performance" (force the lease to go forward and thus retain your purchase right) then a lawyer would have to examine whether the facts, based on your agreement and other circumstances, support that.

    See question 
  • Can I sue my infant's day care for feeding her beef, when she is vegetarian?

    I have given in writing to my daughter's day care that she is a vegetarian. My daughter's daily sheet yesterday stated that she had ground beef for lunch. When asked, they denied and said that it was written by mistake. My daughter is 1 year old a...

    Thomas’s Answer

    Unless you have a medical reason for your daughter to be a vegetarian, then there's no harm.

    If you daughter can't say anything, how do you know she's a vegetarian? How does she get her protein?

    See question 
  • If a judge rules in the plantiffs favor can the plantiffs ask the judge to reverse his ruling?

    This is to do with a suit files against our communities POA and we are trying to get the case settled

    Thomas’s Answer

    You post doesn't make sense; perhaps you have the facts wrong. A plaintiff ought never to ask a judge to reverse a ruling in his or her favor. They may be asking the judge to stay the enforcement of the ruling while a settlement is worked out.

    See question 
  • Do you think i have a lawsuit ?

    In February 2014 i went to the er with a complaint of fainting spells in occurrence i had broken my left lower jaw and found out i was pregnant . The doctors stated i had an ectopic pregnancy as well! They scheduled an emergency surgery the follow...

    Thomas’s Answer

    I don't think you've described anything that was done negligently yet.

    See question 
  • The Law just told me a week from mediation that the company has no insurance. Why did they take the case?

    In a negligence case from a storage door, I received a concussion leaving me in a poor state of mental and physical health. It was stated to me from the paralegal that the company has no insurance prior to going to mediation. Should they have not...

    Thomas’s Answer

    First, I'm assuming the attorney took the case to try to help YOU. Second, the insurance status isn't always known in advance. Insurance isn't the only way to collect, although it is often the easiest way. But if this was a storage unit door, in some sort of public storage facility, then the defendant may not have insurance buy may own land.

    Your attorney should be communicating with you, but recognize yours is not the only case he or she has.

    See question 
  • We hired a person to stucco our home he took our money and supplies. Can we sue him ? And put them in jail?

    We hired someone to stucco our home in December of 2013. We gave $5,000 for labor to start. Then gave money for supplies. $all total $15,000. We had supplies delivered. Thought they were doing our home with our supplies. But they were taking our s...

    Thomas’s Answer

    I agree you should go to the police and report this. But I don't think it's necessarily a case of criminal prosecution or civil suit. It is possible that the criminal case may include an order of restitution; perhaps the attorney for the defendants will even bargain for that, to avoid jail time.

    Whether you pursue a remedy in a civil suit should depend on whether you have a reason to believe these guys will be collectable. They don't seem like the kind of people who have lots of assets, but there could be exceptions to that. Consider speaking to an attorney about this.

    See question 
  • Can I sue the apartment complex if the dog bits in apartment complex? The owner of the dog doesn't live in our apartment.

    Two weeks ago, a mountain dog bit me. The owner had all the papers updated for the dog and had no rabies. Went to ER and paid $125 co-pay. Medicine cost me $25, went to ER again to follow up and cost $125 as co-pay again. Because of the incid...

    Thomas’s Answer

    For you to sue the apartment complex, they would have to be at fault in some way. Many apartment complex premises are open to the public, and if the owner and dog came from outside the apartments, then it doesn't seem the apartments are at fault.

    It does seem that you MIGHT have a case against the owner of the dog. And it appears from your post that you know who the owner is. Depending on how serious your injuries are, this may be a matter for small claims court. But in Georgia we have what is known as the "one bite rule." You must prove the dog is vicious and THAT THE OWNER KNEW IT. The latter point is usually established if the dog can be shown to have bitten someone else before. There may have to be a police record of that. Otherwise, it's hard to prove.

    See question 
  • I have a lease that was renewed in march, it was signed by my husband and the leasing manager at the apartment complex.

    It was just brought to my attention when trying to enroll my daughter in school it is an expired lease. The lease says it is valid from march 2014 to march 2014 it is a simple error but can it also be our chance to move out without having a evicti...

    Thomas’s Answer

    Move out before the first of what month? You are already well past March, 2014. Your staying in the property makes it appear you didn't consider the written date range to be correct and, apparently, the landlord didn't either. You should consult a landlord-tenant attorney who might conclude you have a month-to-month arrangement as if you had "held over" after lease expiration. That may depend on other terms as well, however.

    See question 
  • I am in a written rent-to-own agreement in GA. How much addition/modification of terms will a judge allow in court?

    He wants me to take it into my name sooner, but he will not let me see the documents in advance. I assume there is a huge amount of additional terms in the documents he is coming up with. If I have to take him to court to comply, how much addition...

    Thomas’s Answer

    • Selected as best answer

    Strictly speaking, the judge won't allow "him" to "add" any terms. But what you seem to be thinking of is when a written contract leaves some terms unstated, the law will sometimes imply terms into the agreement to make it complete. Thus, if a contract says A will buy something from B for $X, and it doesn't say when payment is due, the law will imply a "reasonable" time limit for payment.

    Your situation seems pretty serious since it involves a house that, I infer, you have invested in fairly substantially. You should talk to a real estate or contracts attorney to get a game plan.

    See question