Nearly $250k would be paid before delivery in November. In this economy he would have our money and the boat if something happened to his business prior to November delivery. How can we protect ourselves and our money while still giving him peace ...
Put it in a lawyers escrow account to be released upon completion. Also check and see if he could post a bond to cover your boat in the event he goes under.See question
I inheirited $500,000 in the form of stock shares in oil mostly and some other things. Well I didn't know anything about investing and how it all works (still don't) . This was all set up through Smith Barney and now 5 yrs later I have nothing and...
The act of recommending carries liability for brokers even in non discretionary accounts. Some courts have held they are your fiduciary. The problem as I see it from the limited information I am given is damages. Spent money does not equate to losses. One has to assume you received some financial benefit or acquired some assets spending the money which is markedly different that the stock plummeting to zero while your broker sat on your hands. The first place you should start is looking at the account opening documents and look at the written stated investment objectives of your account. If there is a material deviation from those objectives then they many not have recommended a suitable strategy for you. If you are going to pursue this you have 6 year statute of limitations through FINRA and even shorter statutes if you will bring state specific or Federal causes of action.See question
2007, I invested $14,000 in 2 companies, paying by credit card. I never received any money from the investments. Both companies closed and criminal charges for fraud were filed by the U.S. Postal Inspectors. I filed a consumer complaint with t...
Most likely not for a number of different reasons. This investment took place in 2007, so after 6 years most all claims would be time barred. Also the act of processing a credit card doesn't necessarily provide any proof of any culpable negligence. Best bet is to contact your state's division of securities and hope that after a criminal prosecution ensues you will be awarded some level of restitution you can collect. Good luck.See question
Can a claimant self represent in a lawsuit? If and when this claimant decides to self represent, what pros and cons are there? Multiple car accidents so multiple UM policies are involved.
I hire lawyers and I am a lawyer. Ever hear the saying anyone who represents himself has a fool for a client? It is very hard to be impartial and objective when you are representing yourself. I did it once for myself in a breach of patent action in Federal court because I didn't want to pay a patent attorney to enforce my patent. I quickly realized that it was impossible because I would have to be a witness. Hire a lawyer, most personal injury lawyers work on a contingency fee so there are not up front costs. If you think the contingency fee is too much then negotiate with them you will be surprised to learn how flexible some of them are.See question
mi going to loan a friend 5000 $ . and he told me he can sign a checks under his name which will be used as a proof if he didn't pay me back my money . is there any document i can do can protect my money if he didn't pay me back ?
Consider going online to a free lawyer document site like docstoc and get a promissory note template off that site to get your friend to sign. Also many states require the promissory notes to have documentary stamps or doc stamps attached to them to be valid. Consult a local CA attorney. Also consider a simple contract which you can also pull off that same site just to memorialize the entire scope of the deal in writing. Good luck.See question
These investments were made, then the companies claimed bankruptcy. We divorced last year and now he is saying that he did not receive anything. Yet, I know that the court payed out. Can I find out about ALL our investments some how? And if so...
If the settlements are so significant that you think it will change what alimony and or child support might be owed to you then consult with your divorce attorney and consider issuing him a subpoena to obtain those records.See question
I gave the money 6 months ago thinking she was close to opening but the business is not open and no anticipated open date. I have asked for receipts on how the money has been spent but have not received anything yet. We do have a signed agreemen...
Since this is a friend you may not have a contract involved which is unfortunately too common. I hope you documented the payment at least by lending the money by check and writing in the memo loan so there is at least a record of it. From what you posted sounds like you have a pretty straight forward breach of contract case and will need to consult a lawyer about filing suit. Also might want to consider pursuing a civil theft claim which could entitle you to treble damages. Sounds like he just took the money and ran.See question
I invested in a hedge fund that invested 80s of the money into a pontiff , this was never mentioned in the initial agreement and they said they were conservative and did their own trading . . what can i do ? th
Start by pulling the ppm and the account opening documents with this firm. There may be an arbitration clause and a forum selection clause. This would limit your ability to pursue legal action if for instance they were out of state. If there investment policies or procedures stated in the ppm wasn't what took place in practice than you may have a claim. Good luck!See question
I continually instructed this financial consultant to protect my $ 72000 principle , no matter what the investment . He never listened to my continuous demands ! Total principle loss is $ 17000 . I'm 62 and he had my account for 7 years .
I have sued over these products before and won. This would have to be brought before the Financial Industry Regulatory Authority or FINRA and there is a 6 year statue of limitations to bring claims. UITS are a relatively new investment vehicle and most investors are not fully aware of the many risks associated with these instruments. a UIT is a fixed portfolio with a finite life that invests in socks or bonds. It is essentially a static basket of securities with an expiration date. UITs are very expensive to invest in and carry large sales charges. There is a large up front sales charge or “load” with an additional sales charge being charged over the life of the UIT all going to compensate the broker. In addition to the large sales charges UITs carry recurring fees for administration charges which can be as high as 1%. When a trust expires and it is rolled over into a new but almost identical UIT, the investor gets hit again with a new up font sales charge and commission running over the life of the new UIT. Compared to the average unmanaged index-fund the investor pays almost 8 times the commission and administrative fees to purchase a virtually identical basket of securities. Depending on how aggressive of an investor you were and what your risk profile is you should consider suing.See question
I am suing someone who may file for bankruptcy. If this person goes through with it, will he still need to answer my lawsuit or will it get thrown out?
If it is a legitimate bankruptcy and you are named as a potential creditor the lawsuit will be stayed until the bankruptcy court discharges the debt. Consider consulting a local attorney because there are certain circumstances where he will not be able to discharge the suit for instance if you are alleging fraud. Here is a list of debts that can't be discharged under chapter 7 of the bankruptcy code:
Taxes and tax liens
Alimony and child support (domestic support obligations)
Debts obtained through fraud, false pretenses or false representation
Debts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)
Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larceny
Debts for willful and malicious injury
Debts for fines or penalties to governmental units
Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicated
Condominium or cooperative association fees or assessments