David G. Sigale's Answers

Co. Will Not Put it in Writing

You need to speak to an attorney in California about about the possibility of pursuing (or even threatening) a claim for violation of the federal Fair Debt Collection Practices Act. In short, it requires a debt collector to cease communication or collection efforts after a WRITTEN request for validation of the debt (if you have not requested such in wrinting, you need to send the request via certified mail ASAP). This compulsory period expires 30 days after receipt of a notice of debt from...

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My orginal dentist is not working there now. Can and Should I sue the dental office?

If I am correct, the statute of limitations (deadline for filing a lawsuit) is 2 years in Georgia from the date you knew or should have known of your injury, regardless of whether you frame this as a medical malpractice case or a general personal injury case. Absent fraud, or some situation where you could not know of your injury, that deadline is firm. As you have said your problem started three years ago, and you knew right away something had gone wrong, you may be out of luck with this....

Small claims - worth it?

You have a number of potential issues. Your breach of contract claim will depend on the terms of your written contract (specifically any time-of-the -essence clauses) and the definitions of default. Assuming you are right and can substantiate the amounts due, $6000.00 seems like a lot to leave on the table. Small claims is usually set up to move fairly quickly through the court system, but it will still be a couple of months with a couple of court visits and maybe a bench trial. Also, be...

How can I settle an agreement, I signed and can no longer afford to pay?

If you are a party to a valid contract, and you are in default for lack of payment, your options are few. First: you can (and should) talk to the nursing home and be up front about the situation. Maybe they have some sort of payment plan whereby you can settle the suit, and maybe even keep your family member in the facility. You will have to make sure you stick to whatever payment plan you make, because if the nursing home's lawyer is any good there will be a provision in the settlement...

My Daughter (& 2 month old Granddaughter were in a traffic accident at a stop light. She (& all the witnesses) said that her

I am glad no one was injured. That leaves the issue of property damage. I am going to take your letter on faith that the video shows your daughter ran a red light, even if it was a close call. I understand about the witnesses and all, but if there is video it will be conclusive. You should contact your insurance company immediately. If you have collision coverage you will want to make a claim to get the vehicle repaired. Since you have liability coverage you will want to have your...

Does this constitute sexual harrasment?

Probably not, but ultimately these types of situations depend on whatever a judge or jury think. Technically, it was by definition sexual harassment, in that it was (presumably) unwelcome, sexual-based, and occurring in the employment context. However, for a legal claim of sexual harassment a plaintiff usually needs to show one of two things: that the harassment was a quid pro quo (do this sexual act and you will get promoted/won't get fired or demoted). That is not the case here. The...