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Thomas Richelo

Thomas Richelo’s Answers

1,254 total


  • What are my options if this goes to small claims Court. I believe that they are using unfair billing practices.

    A local gym billed my credit card after freezing the account and giving them 30 days notice before services ended, when I inquired and asked for a cancellation they indicated that because I'm canceling they have to charge me an additional fee. ...

    Thomas’s Answer

    Mr. Crawford's answer covers the subject very well. You should check the small claims court for the filing fee for a case and consider the value of your time to dispute this. Weigh that against the amount of the gym's overcharge and make a financial decision as to whether it is worthwhile to invest in fighting this thing.

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  • Since he won't do the work as stated on the first estimate, doesn't this void the estimate and let me withdraw from this scam?

    I need a landscaper to drain my back yard from rain water. Went to Angie's list. Landscaper said he would run french drains, grade the yard 1% , put down a small 8 x 10 deck, put fabric and mulch down. He called a week later and said he could not ...

    Thomas’s Answer

    You have posted two versions of the same question. I think since the contractor will not honor his original quote that there's no cancellation fee due from you.

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  • What do I need to do to stop the medical bills?

    Husband died with no will for probate. I was beneficiary of all his assets. There is no money in an estate. I continue to receive medical bills in his name only with letters threatening to turn it over to a collection agency.

    Thomas’s Answer

    When you say there is no money in the estate, I'm assuming that means there was no money at the time of death; if there was and you disbursed it before taking care of creditors, that could be a problem. But as a practical matter, I agree with both colleagues that these creditors likely do not know that your husband has passed and when they are so informed they very likely will let the matter end.
    I am sorry to hear of your loss.

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  • Is this first estimate without scope of work still valid, or does the new one void the old one and I can use another contractor?

    I got an Estimate/Proposal from a landscaper that did not provide scope of work, only materials, for $5000, he promised me verbally what he would do and I signed the estimate. He called back a week later and said he could not do the work for that ...

    Thomas’s Answer

    Under Georgia contract law, it doesn't seem to matter if the first estimate was valid, because he repudiated it himself when he said he could not do the work for that price. At that time there was no deal. You rejected the second estimate, so still no deal. Now you have the right to elect not to work with him and demand all of your money back. Angie's List may be able to help you in seeking a refund from him, as a way for him to avoid a negative review.

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  • How long will it take to be compensated after I file a notice of civil action based on malicious arrest and prosecution?

    I have been wrongfully convicted of armed robbery and i'm in the process of getting my case overturned due to insufficient evidence and I've been incarcerated over ten years.

    Thomas’s Answer

    You face a tough case trying to establish false arrest and prosecution when the original verdict of a jury was a guilty one. Even if your case is overturned, that does not automatically mean the arrest and prosecution were not justified. You may find an attorney who will take such a case but it seems to me you should regard it as a long shot.

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  • Wtf do I do. Give advice as if I am actually guilty of the crimes said. I am not admitting I am in anyway.

    Accused of 4th degree forgery and theft by taking. Warrant May be issued.

    Thomas’s Answer

    Step Five: Remember that you are about to deal with the legal system. Be respectful, and get habits like using "WTF" out of your system.

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  • Am I obligated to pay him overhead and profit for a single, simple roof repair?

    I hired a general contractor for a water damage project covered by insurance. I asked him for a price to replace a roofing boot since this repair was not covered by the claim. We made a verbal agreement for $250.00. I found the contractor to be di...

    Thomas’s Answer

    Based on the terms you described, I think he was obligated to do the roof work for a flat $250, period.

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  • To what degree, is installed equipment in a home, part of the home, after the owner passes away?

    This question maybe redundant. Please bear with me. About five years ago, I moved in with my mother, and upgraded her home with about $30,000 of equipment, including a new HVAC. Now she has passed away, and has willed her house to my sister and ...

    Thomas’s Answer

    Your post involves several issues: When you put the equipment in, did you intend it as a gift to her? If so, then it was hers and it makes sense for you to pay half to get it back. If you meant to keep some ownership interest in the house because you were upgrading it, you needed some sort of agreement to do that. Perhaps there was a tacit or oral agreement with your mother. I agree this may be something to negotiate with your sister. You should also consider that five-year-old equipment is no longer worth what you paid when it was installed, so it may not be worth $30,000 of the house's value.

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  • What are the options he has in regards to my uncle. Would my uncle be forced to buy out my fathers equity or sell all together?

    My father and uncle took out a mortgage to buy their family home when my grandmother passed away. My father is getting on in age and is wondering how to divide any assets he may have amongst his children.

    Thomas’s Answer

    You will need a real estate attorney to address this question and that person will have to look at the documents that established the ownership between your uncle and father. Then, whatever those dictate, specifics can also be addressed in your father's will, albeit uncle's consent to certain things would still be needed. Someone needs to study the property and consider the family's options, because you might want your uncle to buy out the heirs and you all get cash (which is often desired because it's clean and simple) or you might prefer a third-party sale if that seemed to be a way to get more for the property.

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  • Do I have a case? Please Help.

    Hi. I need legal advice in the Atlanta area. (Short Version) Sunday (12-27-2015) at 3:00 am the ceiling in the apartment that I have paid rent for two years collapsed on my four year old daughter. Call 911 to have her assessed at the hospital. No ...

    Thomas’s Answer

    I suggest that in addition to posting a question and awaiting an answer you use Avvo's Find a Lawyer feature and search for someone practicing landlord/tenant law. You can also look to see if that person answers many questions here about landlord/tenant law; if so, it can give you a sense of how well they know the subject and probably also signals they are eager to gain new clients. Good luck.

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