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Judith Anne Silver

Judith Silver’s Answers

17 total


  • How Many times can a landlord change lease agreement contracts?

    A friend of mine is renting a home with property. her landlord comes every spring and fall and wants her to sign a new lease agreement everytime she comes to town. the landlord also stays on the same property that my friend leases from her. says s...

    Judith’s Answer

    These are questions specific to the lease she signed and the law of her state. She needs to consult with a real estate lawyer in her state. Based on what you said, it seems unlikely that she has to do most of what is described.

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  • What can Expect from a Auto Dealership theatening to sue me?

    I took my truck to a dealership for repair. I told the service man I needed the truck back before the weekend. The dealer had it for 5 days. They called me on a Friday, before I needed it, to come pick it up. The service man told me they had order...

    Judith’s Answer

    Write a letter and send it with proof of receipt delivery to the President of the Dealership, and cc the car manufacturer company's president, and your state attorney general. The letter should outline what you state above with dates and specifics regarding who you dealt with at the dealership, what their delays cost you both regarding hiring someone to haul the livestock and to get the truck repaired again. Tell them you are disputing all charges in good faith and don't pay them. If you have receipts regarding the other costs to you, attach copies of those. You may also want to request they pay you for the money damages that their delay and non-repair cost you, but this gets more complex so consult an attorney. Be sure to keep all paperwork in case they do go after you in court or collections and, if so, provide copies and tell any collections agency it was a "good faith dispute" and therefore you were not required to pay it -- at this point you may need to hire an attorney to handle the matter as well to ensure that everything is dropped or to respond if you receive a summons or law suit for small claims court -- however you can represent yourself in small claims.

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  • My former employer forged or doctored my employment termination agreement by adding a paragraph?

    I signed a employer termination agreement, but the one I signed did not state that both parties agree to release each other from any and all future financial or non-fincial obligations, signed the day I was fired but i never signed anything that d...

    Judith’s Answer

    You should contact an employment attorney in your state to handle the appeal. Hopefully you have a copy of what you signed to show him/her. It's possible that the changes made could affect your situation depending on what the original and what the new versions say. It's also possible that whatever you originally signed may have barred unemployment benefits.

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  • Definition of OUTSIZING?

    I have a Countrywide (BOA) mortgage. I read they just made a settlement for "outsizing!" Can anyone tell me what Countrywide did? In 2006, Countrywide and/or our homeowner's insurance company demanded we replace our roof, just after the hurric...

    Judith’s Answer

    In this context, outsizing means inflating fees and charges. You can find more information at http://www.ftc.gov/opa/2010/06/countrywide.shtm and file a complaint with the FTC regarding your situation or call them to see if they think your situation might be included in the settlement.

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  • Loaned $ 3 yrs ago - last contact 10 mths ago. email from person very clear that they owe me. Can I file now in small claims

    No written contract but multi emails stating that they owe me the funds and will repay. Last email 10 months ago stating they owe me but do not contact them anymore. Can I take them to small claims court now ? The money was loaned to a very old...

    Judith’s Answer

    Generally speaking, statute of limitations begin when you should have known there was a legal dispute. Each state is different, but most provide at least one year. You need ask an attorney or research the law for contract dispute statutes of limitations in your state.

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  • How many hours a week am I required to work under a salary based employment contract? What if more than 40? More than 80?

    My boss is requiring me to regularly work more than 80hrs a week and involves a lot of traveling. I am a salary based employee, what are my rights?

    Judith’s Answer

    Depends on the state, the contract and your position level. Consult an employment attorney in your state.

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  • Am I obligated to pay if contract is not fullfilled

    I hired a pool guy to take care of 4 pools, and send me photos of each pool being maintained each week. He did not do so, and the pools were poorly maintained and green all the time. I had to follow behind him to get photos, was unable to get paid...

    Judith’s Answer

    You should outline what you state above in a written response and state clearly in the letter (send it in a way to ensure he gets it and you have proof of receipt) that you therefore are disputing all charges from him in good faith. If it goes to collections or an attorney, inform them that it was a good faith dispute and forward that paperwork.

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  • For TM purposes, can 2 companies serving same industry share part of their name? Thank you for taking the time to respond.

    Is it possible to use and trademark a name with the following scenario: I'm starting a up a business and would like to use a name (lets say "Star Marketing") However, there is an existing company called "Star Interactive." This company als...

    Judith’s Answer

    There's also Starmark that's a large agency in our area among others. I would pick a stronger mark to begin with as given the number of folks using star for marketing already, you'll never be able to protect your mark as it will be too generic and your use too recent compared to others, plus you'll be subject to possible allegations of consumer confusion and trademark infringement from the other prior users.

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  • Do NY, NC, DE, and DC provide financial privacy laws in addition to GLBA?

    I'm trying to find out if these states have financial privacy laws similar to the California Financial Code, which supplements GLBA to regulate how financial institution customer information should be handled.

    Judith’s Answer

    Try researching it here: http://www.law.cornell.edu/states/listing.html.

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  • Do employers have the right to distribute personal employee information at will? (email, phone #, etc.)

    I am a teacher. The principal took information off my application and distributed it at school. Now, it has been published, as far as I can tell, to the general public. I am losing my personal space. What can I do?

    Judith’s Answer

    You need to consult with an attorney in your state regarding the details and the results. This is not clear cut.

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