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Stephen William Hance
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Stephen Hance’s Answers

137 total


  • WHat is needed to dismiss a lawsuit in Hennepin county if a settlement was reached out of court?

    Reached a settlement with the Defendant in an unlimited jurisdiction in the Minnesota state court? Does Hennepin county require a notice of settlement to filed? how about a dismissal form... is there a form that I can use? Is there anything els...

    Stephen’s Answer

    Typically when parties to a lawsuit have settled out of court, in addition to a settlement agreement they sign a "stipulation of dismissal" in the case and one of the parties files it. The stipulation of dismissal can be "with prejudice" meaning neither party can resurrect the case or "without prejudice" which means that a party could start essentially the same case again down the line. The court administrator might be able to provide you with a form "stipulation of dismissal with prejudice" if that is what you need. Good luck!

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  • Am i doing the right thing?

    Me and my pregnant fiance have been living in a house basement duplex for about a year now no lease and no legall paperwork my home is now infested with mice and we have found quite a bit of mold about 3 months ago i have brought this up and asked...

    Stephen’s Answer

    As per Ms. Dwyer's comment, if you look at the Attorney General's website you will see that there is a court procedure for escrowing your rent pending compliance by your landlord with curing habitability issues. If you simply stop paying rent you risk being evicted although there are many courts that may simply allow you to assert the habitability issue as a defense. Good luck!

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  • A founders group dissolved after a dispute and reformed without me. Do I have a case against this group if they are successful

    I put the group together. But they did not like one of the people I brought in. They wanted to disband and reformed another group but because of the person they did not like I have been left out of the reformatting as well even though I put all o...

    Stephen’s Answer

    I tend to agree with the other answer. What will be the premise of your lawsuit? Did you contribute intellectual property that the others have taken? Were there any written agreements among the parties? What capital did you and/or the others put into the venture? In the absence of written agreements to the contrary, there is nothing illegal or improper per se with the conduct of the group that formed the new business as you have described it. It would be a good idea to go over the facts with a lawyer in your area and not to get your expectations too high. Good luck.

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  • Does a software business usually need any business license?

    I couldn't find any license requirement for a software business. Just wanted to make sure if I'm right. Thanks in advance.

    Stephen’s Answer

    You do not need any license to carry on a software business in general. Good luck!

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  • Can I take my business partner to small claims court and get my items back and off of the lease.

    Jan 1, 2015 my friend says, "Quit your job and come start a detail shop with me". He invested the initial start up cost (approx 15k) in exchange for my expertise, connections, and workmanship. Profit is a 50/50 split. I donated an exterior sign (3...

    Stephen’s Answer

    We would need more information to give you direction. If there is no business entity formed as of yet you can probably take your things and leave. If you have formed a company it is probably more complicated. It is unclear what you would seek in conciliation court. Go over your situation with a lawyer who gives a free initial consult to get better direction. Good luck!

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  • Are there any attorneys that would take a will dispute on a contingency basis? I have a very well organized paper trail.

    My documents are pretty concise and I have various witnesses to support the facts

    Stephen’s Answer

    That is going to depend completely on the facts and circumstances of your case. A will dispute is not the type of case that an attorney would typically handle on a contingent fee for various reasons but if the case seems strong enough, and there is enough money involved to make it worth an attorney's while, it is possible. Good luck!

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  • I have a question on how to sue my business partner in a closely held corporation.

    My partner and I have created an S corporation and each of us has 50% ownership. I would like to sue him for breach of fiduciary duty, unfair competition and misappropriate of trade secrets. Who would be a Plaintiff in such lawsuit, me individuall...

    Stephen’s Answer

    I agree with Mr. Doland. While both potential cases are complex and probably require good counsel, there are considerations and potentially preliminary steps to bringing a derivative case that if ignored could be fatal to the case. Good luck!

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  • Can grounds for an original complaint be changed?

    In a civil lawsuit, the original complaint presented a manufactured home as something "placed upon" the real property being foreclosed on. Later, they changed their position to treat the manufactured home as real property as well (the manufactured...

    Stephen’s Answer

    For a complaint, the party only has to provide adequate notice to the defendant about the nature of the claims. Often, the discovery process is really about getting more specifics as to what a party is going to try to prove at trial. It is not uncommon for parties claims and/or defenses to shift a little during discovery. If they shift a lot, you might be able to convince a court at trial or by motion to disallow claims and/or defenses that were not adequately plead. Your scenario above seems a little more like a minor shift but we would really need to more the specifics of the complaint and the manner in which "they changed their position" to provide anything more concrete for you. Good luck!

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  • What are the risks when accepting an incentive stock option from the company I work for?

    The company I work for offered me 250 shares on Friday. It is on a vesting schedule where I will receive 25% on Dec. 31st 2015, and an additional 6% each following quarter until the total is realized. The exercise price per share is $5. Under the ...

    Stephen’s Answer

    I agree basically with what the others have said already with a couple of things to add. Until you have invested your own money, there is nothing much at risk. If the stock is being offered in lieu of other earnings, I suppose that could be compared to paying for the stock options. In that case you might want to get enough information about the company to make sure you are not getting something much less valuable than what you have provided. Depending on the rules regarding exercise of the options, you obviously would not want to exercise until the stock is worth more than your exercise price per share. Once you do that, there is a risk that the stock could decline to a lesser value or no value. The value of the stock depends on the value of the company, the amount of stock held and any restrictions associated with the stock. Good luck!

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  • Professional liability claim against a bank

    Failure to put in place protections that I requested and paid forxat the time my account was opened

    Stephen’s Answer

    This question is a bit too ambiguous to answer but I will give you some thoughts. If you paid for certain account protection that you did not receive (and you can prove it somehow), and you suffered losses as a result of not having said protection, then you should get the benefit of the bargain and the bank should either repay what you paid for the account protection feature in the first place or pay for your damages. These are basic contract and equity concepts. The hard part is re-creating the past and also probably, working around the language of whatever agreements you signed with your banker. Take a look at how you might prove your allegations and your banking agreements to see whether they shed light on your right of action against the bank. Good luck.

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