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Darren Adam Heitner

Darren Heitner’s Answers

8 total

  • I have a signed contract to repay a debt with a woman who was the manager for an up and coming singer.

    However, she was 'thrown under the bus' (in her words) as the lead singer/band decided not to use her anymore. Originally, the leader of this band had agreed to pay me back. But when it came to getting something in writing, he pushed it to his ...

    Darren’s Answer

    The signed contract will certainly be relevant evidence. However, it is important that the contract does not contain a covenant that says the repayment is contingent on the manager retaining her job as manager and/or receiving the payment first from the band (and said payment was never made).

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  • In FL, can I get my "non-refundable retainer" back if no work was done?

    I paid a $2500 "non-refundable retainer" to an attorney to represent me in my divorce. However, after the initial consultation (in which nothing was prepared or done; we just talked for a bit and I paid the retainer), all she did was speak to me ...

    Darren’s Answer

    Did you sign a retainer agreement? It is likely that other than a section on the retainer being "non-refundable" there were also sections that included the obligations of the attorney. It appears that the attorney may have breached those obligations. I would have to see the retainer agreement in order to get a better idea as to whether or not you can put forth a noble effort to get back the money you disbursed.

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  • Rule 1.350 of the Florida Rules of Civil Procedure

    Please help! I am now pro se in a custody battle. I have been served by my ex's attorney 'request for production of documents', stating that it falls under Rule 1.350 of the FL Rules of Civil Procedure. The things that the petitioner is request...

    Darren’s Answer

    I am an attorney based in Fort Lauderdale, Florida.

    Rule 1.350 of the FL Rules of Civil Procedure are liberally construed. That said, the documents requested must be somewhat relative to your case. They cannot be "so excessive as to be unduly burdensome to the party ordered to produce."

    Generally, information sought must relate to issues involved in litigation. It is probably smart to retain an attorney to help with crafting objections to specific requests and then defend you in a hearing in case opposition files a motion to compel responses.

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  • Facebook....

    On Facebook, the events section, you say you will, but it will not, is a crime?? And if you click yes, then click no, it was a crime?

    Darren’s Answer

    Agreed that your question does not make complete sense. Please realize that everything you do on Facebook is discoverable in litigation, though. For more on that, please read the following: http://ledger.nyu-ipels.org/2011/04/you-may-not-%E2%80%9Clike%E2%80%9D-this-title-everything-stored-on-facebook-is-discoverable/

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  • Can I be sued over $90

    No contract, no proof that I was given any money , services I provided were not complete

    Darren’s Answer

    Sure. If so, you would likely be sued in the Small Claims Division of the District Court. In Louisville, Kentucky, jurisdiction is established if the claim is for $2,500 or less, exclusive of interest and costs. $90 would certainly fall under the scope. You can be sued based on an oral contract as long as the agreement was made within 5 years of filing the action.

    Honestly, though, it makes very little sense to bring an action in any court for $90.

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  • I signed a non compete agreement w/ current empl. It states that it shall be governed by the laws of AL. I work inTx.

    What are the chances of litigating in Texas if I am sued?

    Darren’s Answer

    It seems that you are referring to a forum selection clause, which is typically boilerplate added near the end of an agreement. Such a clause is often enforced when it comes to venue; however, it is sometimes dispensed with if it makes sense to transfer the case to a different venue for the convenience of parties and witnesses. Realize that it is very rare for a court to ignore a forum selection clause in an agreement. The theory is that you and your employer freely bargained in advance of signing the agreement and made it known that your preferences were to litigate in the stated forum, should litigation based on the agreement commence at some point in the future.

    You would have to make an exceptional showing to litigate in Texas rather than Alabama.

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  • Does an infringment notice received from internet provider with a letter attached from company claiming infringment mean serious

    business? Material was downloaded but nothing was ditributed. THey made an offer to settle. Not sure what to do.

    Darren’s Answer

    The fact that you admit that material was downloaded means that you should take the infringement notice very seriously. These letters often give you a time limit to settle or else you run the risk of potentially having your name added to a future lawsuit, where if you illegally downloaded the material (which you already admitted to), you will likely have to pay much more than the current demand. Your ISP will be subpoena'd and based on a myriad of recent decisions, your private information will likely be handed over to the copyright holder.

    Basically, it is probably worth it to settle, but I always say that it is best to consult an attorney.

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  • Is there a cancellation policy for dating services or is it totally binding?

    Is there a three day cancellation policy for this contract?Can I cancel payment.If I cancel payment can they pursue legal action?

    Darren’s Answer

    It depends on the terms and conditions on the particular website. Unfortunately, most people don't review these terms prior to signing up, but sites do provide you with the opportunity to read them over before submitting any type of deposit.

    Take eHarmony.com for example. It's terms and conditions are listed here: http://www.eharmony.com/about/terms. Section 12 deals specifically with cancellations. In fact, this service clearly states that there is a 3-day cancellation policy.

    Consult your website's terms and conditions.

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