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Thomas Richelo

Thomas Richelo’s Answers

888 total


  • Making claim against contractor

    Can you provide step by step process for making claim against contractors license/bond in District of Columbia? I am looking for something like this: http://www.builderscounsel.com/2010/08/how-to-make-a-claim-against-a-contractors-bond-in-5-steps/

    Thomas’s Answer

    Avvo can be a good source. Look under construction and development lawyers. This is a specialized area of the law and you need an attorneys' guidance. It would not be adequate to have someone provide a step by step process for you to try to do this yourself. Good luck.

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  • Can I sue my mother in law for fraud

    She and her husband (who is deceased) failed to tell me that their son was mentally ill

    Thomas’s Answer

    Did the parents sell your husband to you? If they weren't the sellers, then in what way did they defraud you? What contract did they have with you? In what way did they represent to you "our son is not mentally ill?" Did you rely on that contract, and not make any investigation of the man you married? Like, did you meet the guy before you married him? Ever talk to him? Ever make your own judgment about his mental health?

    These are all rhetorical questions. The short answer is No.

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  • How do you get a case moved from one court to another?

    Specifically the municipal court of Atlanta to Fulton County state court.

    Thomas’s Answer

    You need to hire a lawyer to address whether that's even the right thing to do.

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  • I filed a motion to recuse a Judge. What happens now ?

    Because of some "ancient" negative personal history involving a Judge, and a recent case heard by the same Judge, I have filed a motion to recuse that Judge. In the recent case, the Judge improperly stayed a continuing garnishment action merely b...

    Thomas’s Answer

    Maybe it's just me, but I always thought the purpose of getting a judgment and trying to collect was money. You want to start a battle with a judge over recusal related to a garnishment case that, it seems to me, is over. I would focus on other methods of collecting from the judgment debtor.

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  • Can a funeral home be sued over a lack of headstone?

    I am looking for a contingency lawyer in regards to suing a funeral home. At the end of 2011 I discovered there was no headstone at my father's gravesite. My father passed away when I was 12. I had since moved to Georgia and don't get back to...

    Thomas’s Answer

    It seems that the funeral home was guilty of failing to follow up with you on headstone design two years ago. Now they have done that. You paid for a stone and you are going to get a stone. Now, it seems you want to sue over the fact that they were 1 1/2 years late in getting the stone done. What do you think the damages are? I don't think there's anything you could measure. Perhaps for their neglect they should give you a refund of $50, maybe $100. But as to whether you have a "right" to sue, it may depend on whether had a "time of the essence" clause in your contract, without which it is hard to show a breach based on late performance. As a greater matter, I don't think you have any measurable damages. You can look this one up: "De minimus non curat lex."

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  • Does any lawyer know how to fix a third party complaint?

    A third party complaint was not done properly in that it was attached to an answer like a counterclaim instead as a separate claim. The complaint was settle with the plaintiff but my third party complaint was not dismissed against the other party....

    Thomas’s Answer

    "It seems not all lawyers know how to do it." Hmmm. From that, I infer that you've tried to get a lot of lawyers to figure out how to get you out of mistake you made, by handling your own case and which sounds to me like a mistake no lawyer would make.

    My belief is that just about any lawyer would know how to fix that problem. But none of them will do that, none of them can do that, until they are hired.

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  • I signed a business lease; the landlord agreed on the lease to fund any & all costs to establish my business and he refuses now.

    I signed a 5-year business lease with option to own the property. The owner recruited me and he persuaded me to sign the lease. I told him many times over > 6 months that I had NO collateral: NO money to fund the start-up; and NO credit rat...

    Thomas’s Answer

    You very likely have a contract that is void for vagueness unless there are more terms you aren't describing. It is almost hard to imagine anyone agreeing to fund whatever amounts to "any and all costs" to operate a business. What business? if you decided to manufacture jumbo jets and compete with Boeing, should he put up $10,000,000,000? What's "reasonable"? What interest rate? What repayment terms? In these circumstances, if the contract is insufficiently specific, you having nothing you can enforce.

    There may be a way out of this, however, if you get an attorney who can establish that the unfulfilled loan transaction, even if vague, was material element of and condition for the lease. You should talk to a contracts of lease-law attorney about this. A five year commercial lease is too big an obligation for you NOT to have an attorney.

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  • Breach of contract or Bad Faith?

    I was in a car accident Sept. 2013, I was hit by an uninsured motorist. I have bills, loss wages, child care, etc. totaling up to 12,000.In my demand I asked for 25, 000. they offered 7000. 2nd offer they offered 8700. My last 7 conversations with...

    Thomas’s Answer

    Not only are such cases usually handled on a contingency basis, but you will almost certainly net more money after attorneys' fees are deducted than you will net negotiating your own deal. Insurers and defendants always include in their calculations, "how good is the plaintiff's lawyer?" In your case, there are zero points for the quality and skill of the lawyer because you don't have one.

    I would forget about silly arguments over taped conversations, claims with the insurance commissioner, whether the dollar amount is based on good faith. You are wasting your time because its been nine months since your accident and you haven't done what you should have done the next day, which is hiring a lawyer. Your case will, and should, turn on liability, insurance coverage, extent of your injuries, medical costs, pain and suffering.

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  • Have you heard of investors offering to purchase your house. Then sends a payment to you until the house is sold?

    I was approached by an investor who offered to purchase my house. He then sends me the monthly mortgage amount, presumably until a buyer can get in there who is being assisted and coming out of bankruptcy. I wonder what liabilities I have during t...

    Thomas’s Answer

    • Selected as best answer

    This could be some sort of con, or it could be a legitimate investment approach. The fact that it is "unusual" doesn't dictate if it's legit or not.

    The sale of real estate in Georgia has to be accompanied by a written and signed contract. You need to show this contract to an attorney immediately. I also agree if you have already received a check, don't deposit it until you resolve what this investor is offering and whether it's a deal you want to go forward. If it is, then some attorney should prepare or modify the written agreement so that it protects you.

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  • I'm a landlord. Dude hasn't paid rent for 6 months.I have a dispossessory hearing in DeKalb County in 2 weeks. What do I do?

    I'm a landlord. Dude hasn't paid rent for 6 months. I have a dispossessory hearing in DeKalb County in 2 weeks. What do I do? In his answer, this guy admitted he hasn't paid rent, but made many excuses. What do I tell the judge, what evidence do I...

    Thomas’s Answer

    The answer to your question depends, in part on what the excuse are that Dude has raised. For example, if they involve allegations that you failed to maintain the property in order to make it habitable (such as, the heat didn't work; or there were rats or mold, or any such types of complaints) then those may have to be addressed by you.

    You certainly can take a shot at doing this dispo yourself, but it may not come out exactly as you expect. Hiring a lawyer is advisable for anyone who maintains rental property.

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