Stephen William Hance’s Answers

In Minnesota. lawyers are allowed to participate in conciliation court proceedings, but according to the rules, only "in the manner that the judge, in the judge's discretion, deems helpful." You do not have to proceed in conciliation court, but that would be the cheapest way to proceed. As a foreign citizen, you could be represented in conciliation court (or otherwise), but it would seem from your inquiry that you might need to eventually appear yourself at a trial to prove up the case. Under...

Unfortunately, the answer is not black or white and more information is needed. One issue is what are the actual words in the name at issue. If they are not distinctive and have not acquired secondary meaning in the marketplace, your opponent does not have an exclusive right. Another issue is with timing. If you started using the name first, you probably have priority. Finally, the likelihood of confusion is a key question. You indicate that there is no confusion, which is important, but...

Your mortgage company can start the foreclosure process at any time if there is a default. Some mortgage companies act more quickly than others, but they have a right to start the process as soon as you default by missing a payment. It is possible under your mortgage agreement that renting out the property could technically give rise to a separate default, but it is unlikely on its own to cause the mortgage company to accelerate the foreclosure process. Hopefully this is helpful. Good luck!

I agree with what counsel has said on this topic, although legally you could remove the mailbox from your property. Before ever taking such action, you should be sure you know exactly where the property lines are, and that his mailbox is not on a public right of way. Assuming it is, in fact, on your property, the best solution is for him to voluntarily move it after having a conversation with you. Judicial action is also a potential method of resolving this dispute, although very expensive in...

The rules of discovery are found in a book called the Minnesota Rules of Civil Procedure (Rules 26 to 37). These rules apply when there is a pending lawsuit, including a divorce. The rules book gives examples of some of the forms in the appendix. Among other things, you may request documents, request answers to interrogatories, take his/her deposition and/or subpoena information from third parties. In referring to your "ex" it is hard to tell what kind of proceeding. If there is not a pending...

The query is confusing. In a short answer, a verbal contract is binding if it represents a meeting of the minds and depending on the amount and terms. In most states, over a certain amount the "statute of frauds" applies, meaning that such contracts are not enforceable unless in writing. There are other terms that bring the statute of frauds into play. Here, it is unclear what you refer to as your "verbal response." If you agreed to pay for advertising orally and you later cancelled the order,...

Assuming the contract for deed was recorded on the property record, as required by law, your brother's interest in the property has not changed as a result of the above circumstances. When your father and mother sold the property to your brother on a contract for deed, their ownership interest in the property was subject to the rights of your brother as contract for deed vendee. When your mother died, assuming the property was jointly owned by your parents, your dad became the sole owner. When...

There is probably no form agreement available for the situation you are describing. Any deal for you to sell your interest to your co-owner will require careful analysis regarding the value of the company, if any, the value of its individual assets and the liabilities you share. Dissolving a company means that it will cease to exist. One possible deal you could reach is to dissolve the company and for your business partner to buy the assets. Otherwise dissolution is not really consistent with...

I do not believe the buyers are legally bound to provide an accounting although it might be in their best interests. Here are some ideas to piece together the status. It would be worthwhile to inquire with the buyers. Alternatively, the buyers are presumably obligated under the contract to provide for payment this month and next month under the contract. If they fail to pay, they may be forced to explain why not. The contract itself obviously provides for payment terms. The vendor's bank...

There is not enough information here to provide any real advice. In general, (barring contractual obligations to the contrary) it is legal to resell a product from an international wholesale company. Moreover, (barring intellectual property concerns) it is legal to sell a product that is similar to another product but has a different brand name. It would likely be wrongful though, to remove a brand identifyer on a product, and then sell it as though it is a product made by another company....