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David Lloyd Merrill
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David Merrill’s Answers

633 total


  • Do I have to pay?

    Last year at Christmas time a radio station called and asked it I wanted to donate to the military Christmas basket. In return they would do an ad on the radio for my business. They said the would send me air time of my ad and wouldn't' have to...

    David’s Answer

    • Selected as best answer

    I am not certain I agree with my colleagues. If there was an actual contract, then I'd agree, but this may be more in the nature of a donation -- a gift -- and the promise of the giving of a gift is typically not enforceable if the donee (the giver) decides not to follow through.

    It would be very helpful if any paperwork was provided related to this -- which it sound like there is not. That said, speak to competent counsel right away -- if you have actually been sued you have a very limited time within which to respond to the suit. If it is just a demand, it is time to respond to the demand and deal with this head on.

    Best of luck to you!

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  • What type of attorney do I need

    I have a acct that has direct deposited my ssi money every month with no problems. My mom got her rail road retirement from my father deposited also. My mom just passed away so they froze acct. I have done everything they have asked of me they wil...

    David’s Answer

    Speak to a consumer lawyer right away. A bankruptcy lawyer might also be helpful even if filing a bankruptcy is not the right option as they typically are very familiar with exemption laws (the laws that deal with what you can keep free from your creditors) and the things you need to do to get this matter resolved.

    But DO NOT delay in doing this -- you have a very limited amount of time to respond to what is happening, and if the time passes you may be out of luck.

    Good luck to you!

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  • What will happen if i didnt show up would i get jail time?

    someone came to my house and handed me paperwork that i had to sign for, saying i have to appear in court because someone is suing me for an unpaid ring i purchased off him, attached to the court papers is a contact him and i signed saying i would...

    David’s Answer

    Not likely, but note that note complying with orders by the court could. Without seeing the papers it is impossible to give you any legal advice, but ignoring the problem is truly a bad idea. What will most likely occur is that they will get a judgment against you for the amount requested plus the costs the plaintiff (the person suing you) incurred, including the filing fee, which can be several hundred dollars. Also a judgment can wreak havoc on your credit score. The better course of action would be to show up and try to resolve it with the other side -- often small claims cases have free mediators present to help you get the matter taken care of without the need to have a judgment entered against you.

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  • Can I seal or expunge two denied domestic civil injunction attempts by someone in FL?

    After I broke up with my ex girlfriend, her even crazier mother attempted twice to file completely false injunctions against me in Orange county FL. Once for Stalking and once for domestic violence. Both times the judge denied her injunc...

    David’s Answer

    I agree with my colleagues -- but I also think that it is not something that, as a practical matter, should be impeding your approval for an HoA. Speak to them about this and get a copy of the orders denying them to show -- you may fund you get a different result.

    Good luck!

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  • Lawsuit during chapter 11?

    Hi, I recently walked off my job due to harassment that had been going on for the past 6 months or so. Twice the harrassment became fisacail and I really did fear for my safety. I went to the police and they told me to file a claim. This is a larg...

    David’s Answer

    I generally agree with my colleagues, but would suggest that you need to get a competent bankruptcy lawyer involved who has Chapter 11 experience (many, often most, do not). Many issues are implicated here, including whether filing a claim could potentially subject you to sanctions if you do not follow the right procedures - and a competent Chapter 11 attorney can help you do what you need to in order to analyze the best path to take.

    Best of luck to you!

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  • Is ""11 U.S.C. , (362) (C) (3) (A) """ exception to automatic stay if debtor is a corporation

    "11 U.S.C. , (362) (C) (3) (A) "" states that : (C)Except as provided subsection (d) (e) and(h).. ''(3) if a single or joint case is filed by or against a 'debtor who is an INDIVIDUAL', in a case under chapter 7, 11, 13 and if a single or joint ...

    David’s Answer

    My colleagues are correct -- this section is specific to natural persons

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  • In an subrogation case against me, should i just work out a deal with the insurance company myself or seek legal help?

    its from a car accident , in an no fault state

    David’s Answer

    You may potentially benefit from filing a bankruptcy -- and if you are destitute as you claim, you may qualify for a free lawyer to help you do it. Give the Palm Beach County Bar Association a call and see if you qualify, then speak to a competent local bankruptcy practitioner to see if this is the right answer for you -- it may not only help you resolve the debt, but keep you on the road as well!

    Best of luck to you!

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  • Do I have a case?

    I have recently moved-in to a new apartment 8/30/14. I was promised to see the apartment 2 weeks before move in but didn't get to see it until my move-in day. I moved-in without thorough inspection but was not given opportunity. Washer was broke...

    David’s Answer

    You have many rights implicated here -- the vast majority of which will (or should) be addressed by the lease you signed. It is VERY RARE that simply "breaking the lease" then getting a lawyer involved in the right answer.

    Speak to a competent general civil litigation attorney familiar with landlord tenant law right away, and I suspect that person will suggest that you begin to pay your rent into the registry of the court while you work to get all the issues you raise resolved. Note that not all of them will be actionable, but many of the items you raise will support your position regardless of how well you inspected the property prior to moving in.

    Best of luck to you!

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  • Can an Attorney help the Disabled with acceptance into an appropriate apt!?

    I cannot get a Housing Voucher to acquire/afford an Apt with Disability access

    David’s Answer

    Yes an attorney can - but I think you may not need one quite yet. Speak to the local legal aid office (Miami has several) and see if you qualify for the help of a free lawyer. If you are on disability, odds are you do -- and their office should be able to get you the help you need, potentially without getting the actual attorney involved.

    Best of luck to you!

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  • Re: conflict law, contract law, family law, I need a new attorney for my Final Hearing.

    The judge filed a motion that the state where the divorce occurred that substantive law would apply. My attorney had argued that as the litigation is taking in FL, that FL law applies. I need a new attorney & I am researching on my own. I just...

    David’s Answer

    You definitely need to speak to competent counsel right away -- and Avvo can help you find who you need. Look above in the "Find a Lawyer" tab and search for the practice expertise and the area you need them in.

    Best of luck to you!

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