Colin Edward Flora’s Answers

Colin Edward Flora

Indianapolis Class Action Attorney.

Contributor Level 5
  1. My husband is a musician and just played a show for which he had a signed contract after he performed the work the guy refused

    Answered about 2 years ago.

    1. Colin Edward Flora
    2. Burton A. Padove
    3. Alex R. Hess
    3 lawyer answers

    I will start by noting that it is impossible for anyone to answer the question without first reading the contract. That said, the primary thrust of contract law is to enforce the agreement between the parties as written, where possible. Thus, the key in this is to look at the specific language of the signed contract. If you cannot find anything in there that would, on its face, permit the other party to withhold or limit payment, then your next step should be to call a lawyer.

    2 lawyers agreed with this answer

  2. If I pay a bill that includes fees that aren't in the contract, can I sue (& win) at a later date to recover what I did not owe?

    Answered about 2 years ago.

    1. Veronica L. Jarnagin
    2. Eric Charles Lewis
    3. Colin Edward Flora
    3 lawyer answers

    There is definitely a lot going on here, and from your comment to Eric's response it sounds like you have been sued by the former landlord. It sounds like you may well have a solid position for a countersuit. However, it is important to note that under these facts, the devil is in the details. As Eric noted, it can be difficult to regain money paid where it was not lawfully owed. There is a doctrine of law called the voluntary payment doctrine that may apply in such a situation that could act...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Neighbor hit my car parked on the street. They didn't have insurance. They still haven't paid me. How do I collect?

    Answered about 2 years ago.

    1. Matthew C Simon
    2. David B Pittman
    3. Colin Edward Flora
    4. Christian K. Lassen II
    5. Cameron Lee Hogan
    5 lawyer answers

    Mr. Pittman and Mr. Simon are both spot on. If you think that your neighbor has the money to ultimately satisfy a judgment then the small claims approach is probably the way to go. That is, assuming that your damages are less than the small claims cap which is usually several thousand dollars. Further, if you have UIM coverage in your insurance, you will certainly want to consider that avenue.

    3 lawyers agreed with this answer

  4. Is there any point in filing for a class action suit in behalf of my mother who is on medicaid?

    Answered about 2 years ago.

    1. Colin Edward Flora
    2. Eric Lechtzin
    3. David B Pittman
    3 lawyer answers

    If your mother has suffered harm that seems to have come about due to statins drugs then it may well behoove you to schedule an appointment with a lawyer and consider a possible legal action. While there have been class action cases related to statins, a class action suit may not be the ideal avenue for your mother. Typically, the great value of class actions are that they permit a mechanism to adjudicate small claims collectively. This allows redress where an individual's loss would not on its...

    3 lawyers agreed with this answer

  5. I own a cleaning franchise. They are not paying me even though the clients have paid. Can I put a lien on the clients building

    Answered over 2 years ago.

    1. Colin Edward Flora
    2. Charles B. Upton II
    2 lawyer answers

    It definitely sounds like you may have a basis for an action against the franchisor. However, in order to be able to assess whether you have a viable claim or not I would need to know more. If you are interested, my firm, Pavlack Law, handles cases like this and the firm owner and namesake, Eric Pavlack, has a tremendous amount of experience in handling class action cases. If you would like to talk, give us a call at (317) 251-1100 or shoot us an email at Eric@PavlackLawFirm.com

    1 lawyer agreed with this answer

  6. Do I have grounds to file a class action lawsuit against either MDX or Sunpass or both?

    Answered about 2 years ago.

    1. Eric Lechtzin
    2. Adam Troy Savett
    3. Colin Edward Flora
    3 lawyer answers

    Mr. Lechtzin is correct that to first decide whether action ought to be taken, you must first be able to articulate the basis for your belief that the money is not owed. You must ultimately determine the harm suffered. Is it that you did owe an amount, perhaps $150, but because it was not paid you have incurred some penalty fee? If what has occurred is that you have always owed $190.88 and the service that you have utilized to deduct the funds from your account has dropped the ball then your...

    2 lawyers agreed with this answer

  7. I want to sue my business partner here in Florida but our business was in NY... is this a problem?

    Answered about 2 years ago.

    1. Barry A. Stein
    2. Colin Edward Flora
    3. Mark Theodore Tischhauser
    3 lawyer answers

    Given that the new business is located in Florida and that both your former business partner and his wife now also live in Florida, you may well be able to file suit in Florida. I would recommend that you contact a Florida attorney to discuss your options. Even if you ultimately need to prosecute the case in New York, your Florida attorney may well be able to locate local counsel in New York and work directly with him. This would allow you to have New York counsel but still have your Florida...

    2 lawyers agreed with this answer

  8. I currently have a class action attorney in Texas Am I able to get a one in Tulsa Oklahoma to take over?

    Answered over 2 years ago.

    1. Colin Edward Flora
    1 lawyer answer

    This will depend, in part, on how the case is progressing. As a general rule, a person has an almost absolute right to fire his attorney at any point and hire new counsel. However, depending on how the case has progressed, this general rule may well be altered due to the class action aspect of the case. If the case has been filed and a class certified, then the order certifying the class will have not only named persons as class representatives but named what lawyers are to pursue the case....

    1 person marked this answer as helpful

  9. We leased a car and the dealership forgot to collect the down payment...3 weeks later they asked if we remember how we paid

    Answered about 2 years ago.

    1. Timothy Shawn Howard
    2. Colin Edward Flora
    2 lawyer answers

    Generally speaking, when you enter into a contractual relationship – as this would appear to be on superficial analysis – you are bound to pay the money owed regardless of whether the other party was prompt in demanding payment.