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Thomas Franklin Asch

Thomas Asch’s Answers

33 total

  • Can I sue everest college

    Hello I would like to start by saying I attented everest college in 2009, I saw the commercials everyday and could relate to the mothers that didn't have time for school and wanted a career . I called for information and after that I received ...

    Thomas’s Answer

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    See an attorney. Bring with you all your loan documents (application, note, agreement), all correspondence with the school and debt collectors, all documents (brochures, catalogs, application for admission) related to your attendance and try to write down to your best recollection what the admissions/financial personnel told you about the school, the date or approximate date of the conversation, their names and what, if anything, they told you that was inaccurate or misleading. This type of case, as most are, is dependent on the specific facts. That you were taken advantage of is clear. Whether a legal wrong was committed is another matter. And if so, whether it can be shown in court, a third. For these assessments, you need an attorney.

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  • Can I file a motion for judgement by default if the defendant failed to file his answer with the time given by the court?

    I am suing an employer pro se and the case is set for arbitration in October the defendant was given 14 days to file his answer on 8/13/15 and has not yet filed an answer. can move for a default judgement.

    Thomas’s Answer

    Without more information your question cannot be really answered. Is this court-ordered arbitration, or is it arbitration under your employment contract? If a court, which court? Different arbitration bodies (e.g. American Arbitration Association) have different rules. In some arbitration situations, an answer is allowed but not required, in which case the complaint is deemed denied. In small claims court below a certain amount, an answer is often not required. In that situation there is a difference whether the defendant was ordered to answer or was just granted time to answer. If it is court-ordered arbitration and the defendant did not file a required answer (i.e. it is above the amount in controversy where no answer is necessary) then you can move for a default, but maybe not a default judgment. Usually, a default is entered and then you must "prove-up" your damages at another date set by the court. It is usually a two-step process to move from default to default judgment. In any event, your best course (if the amount is too small to hire an attorney) is to read the applicable rules--court or arbitration--regarding pleadings to be filed and how to get a default. In any case, the defendant has not necessarily lost already. Your employer can file a motion to file his answer or vacate a default, or even a default judgment. I think, though, that your instincts are correct and you should, if you can under the applicable rules, file a motion for default.

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  • In Illinois, Does An Attorney Have To Actually File A Notice Of Attorney's Lien In The Pending Suit In Order For It To Apply?

    If the attorney does not file their notice of attorney's lien (charging lien from contingency fee agreement with former client) in the lawsuit, does the attorney waive their right to apply the charging lien to any judgement or settlement that may ...

    Thomas’s Answer

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    I agree that the lien is still good, though quite possibly not for the contingent share. The danger is that the defendant on whom the lien was served (that act, not filing in court is what makes the lien effective) will still honor it although the attorney no longer represents you. You should have your present attorney (if you have one) negotiate the lien so that the defendant does not send the money to your former attorney, or give you a check that requires the attorney's signature to deposit so that your receipt of the settlement is not delayed by a dispute over the appropriate fee. After termination, an attorney is possibly only entitled to "quantum merit" that is, compensation for hours actually worked. (Of course, if the attorney has already negotiated the settlement or finished the trial and you are thinking of firing him/her just to avoid the lien, that probably won't work to reduce the fee). If your former attorney can't agree on what is fair for the work done, you will have "adjudicate the lien" and let the court decide how much. You should raise this with your current attorney. If you do not have one, I would advise against settling or trying to litigate without an attorney. If you are in the process of hiring a new attorney and wondering if you have already given away the full contingency percentage you agreed to, the answer is probably not,. But if you win or settle, it is likely you will have to pay something. Talk to the attorneys you are interviewing about the issue.

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  • Fraud

    I recently asked if I had a case for a bank loaning my exhusband money to a loan I never signed for. I did receive a copy of the loan document. This is not my signature. And according to our divorce papers we were Separated. He also cashed in m...

    Thomas’s Answer

    While you can certainly pursue this issue in the context of your divorce (and that is quite possibly the best place to do it) it is also possible that Schwab is secondarily liable to you. You say "my IRA" so I assume only your name was on the account, or was it joint? Schwab could be liable in turning the money over to your husband without contacting you and verifying your signature. To whom did they issue the check or electronic transfer from the IRA? Was it to you, to both of you or to him? Did he forge your signature again to deposit the check? You can probably either sue them in court or file a complaint against them with FINRA (Financial Industry Regulatory Authority) for arbitration. It seems to me that the simplest method might be in the divorce context (for example, was there a property settlement/division made by the Court that this violates? Are you still settling property issues?), because Schwab may have some defenses. But if a remedy in the divorce case is unavailable, you should explore seeking the money back from Schwab. Talk first with your family law attorney to see if it can be done in that context--I do not practice in that area. When you go to your attorney, be sure to have all your documentation, including account numbers, statements, and any correspondence you had with Schwab.

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  • What can be done about money owed to me from a business buyout that went bad?

    I purchased a business from a gentleman. We were doing monthly payments and when we set this up he assured me that a renewal of the lease was no problem. To find out the landlord wasn't going to renew lease. So I requested my money back and the ge...

    Thomas’s Answer

    Did your contract to buy the business say anything about the lease? Do you have a written contract? If so, that is the most important piece of the puzzle. How much was the purchase price of the business, and what does he claim you owe him? Respectfully, this type of problem is one of the many reasons you need an attorney when buying a business. If you did have one, you go to that attorney immediately. You probably have various claims and defenses, but you need an attorney to protect you. Iit sounds like he can try to sue you for a substantial amount of money, in the form of the lack of monthly payments. Also, depending on whether the transaction had closed, he may claim you wrongfully took the property. Don't make the same mistake you did in the first place. Get an attorneyl

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  • What is Unfair Trade Practice,and how do I know if I have a lawsuit?

    seeing if I have a lawsuit. The company violated their contract with us and no proper notice and canceled a 20 year contract .

    Thomas’s Answer

    Generally an Unfair Trade practices case requires more than just a breach of contract. You may have a breach of contract case, but unless there was some fraud, deception, misappropriation or other dishonest or unfair practice in addition to breaching the terms of the contract it is unlikely that you can sue for unfair trade practices. These matters are very dependant on the particular facts and you should consult an attorney.

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  • What sort of damages can I try to recoup from my doctor's Insurance Fraud

    My (former) chiropractor committed two offenses: a) Indicated that he would charge a total of $3000 for his services, then charged the me and the Insurance Co $12,000 b) Billed the Insurance Co $1100 for a Back Brace that he gave me. I ga...

    Thomas’s Answer

    If medicare, medicaid or the VA was billed, you could have False Claims Act case against your chiropractor and could recover a portion of the money and penalties recovered by the government as a "relator. " If it is private insurance, you may not be able to recover anything yourself in New Jersey. Illinois and California do have whistleblower rewards and actions for private insurance fraud, and a New Jersey whistleblower attorney can tell you if your state has a similar law. I do not think New Jersey does, but you should definitely check with a New Jersey attorney. If not, you should still inform the Division of Insurance Fraud Prevention in your state, although it will not benefit you financially. You can also inform your insurance company, which may take action as well.

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  • Am I legally responsible to stay since my lease ran out, and do I have a case of fraud concerning the Lessor?

    I entered into a lease for one year which ran out 11 years ago. There is a hand written agreement at the end of the lease which states I am to do repairs on the house for reduced rent, and that I have first option to buy if the house ever is place...

    Thomas’s Answer

    The critical question seems to be whether the house has been placed on the market. Given the facts you have stated, if the house has not been placed on the market, there seems to be nothing that would allow you to buy the house. As for the downpayment agreement, while I am not familiar with the law of your state, most states require that agreements touching on real estate be written, so that may be a problem to enforce. You may have some recourse under the laws of your state, if the landlord misled you about his intentions, acted in bad faith, or if the purpose of your agreement has been frustrated, and might allow you to recover some or all of the money you put in to the house perhaps plus other damages on "unjust enrichment" or fraud grounds. This type of case is very dependant on the specific facts and you need to consult a local attorney. Most will at least spend enough time with you on the facts to determine if you have a case.

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  • Can a rental complex be sued over fraud, negeglince, falsifying documents and fair housing voliations?

    Aprils rent was paid on time, cashiers check was made payable to complex and placed in secure Dropbox. On the 4/8, I received a late notice, spoke to office mgr and was provided the following info that my rent was stolen and there is a police repo...

    Thomas’s Answer

    This question is determined by the law of your state, so I cannot say what the answer is definitively. It seems to me that this question involves when the "risk of loss:" from the theft of the check switched from you to your landlord. Generally, I would suspect that if it was stolen from a secure Dropbox or the office, your rent was delivered, and should be deemed paid. That is, the rent would be treated as property stolen from the landlord, not you. To document this, you should have or obtain from your bank a copy of the cashier's check that you placed in the Dropbox. It seems that you have reported the check stolen to your bank. They should be able to tell you, at least, if it has been paid and may be able to stop the check. If they can, and will refund you the money, you would be obligated to turn it over to the landlord, as you would be obligated to turn over any stolen property. If you can get this done, it should remove any question about the payment of rent. The office manager's story seems fishy, in terms of the lack of police report. This suggests the theft may be an inside job. So, you might want to make your own police report as well, recounting the whole story.

    Regardless, I very strongly urge you to consult an attorney about this. Many localities have tenant organizations that will provide referrals, sometimes for free legal advice. I suggest you search on line for such an organization and seek immediate legal help.

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  • What constitutes a contract and how can one become null and void?

    I'm in an equal partnership with 2 others. When we formed our partnership, we signed a spreadsheet agreeing to specific income splits. Since then, we have moved to a new firm. One partner has also changed the original agreement by giving 5% of h...

    Thomas’s Answer

    In Illinois, you do not need a writing to form a partnership. I am assuming that, other than the spreadsheet, there are no agreements.

    The original split was obviously agreed to, and is probably binding, but that does not mean it may not be changed. I do not know what you mean by "we have moved to a new firm." If you just changed the name of business, this would hardly matter.

    Also, the readjustment of the split between two of the partners probably does not end the contract, as you say nothing about an agreement to prevent a transfer of the interest. Generally, a partner may transfer his right to profits without ending the partnership. Also, since there are three of you, the other two partners would be a majority. At best this would be a "breach of contract" and it may not even be that. In order for a breach to justify terminating a contract it has to be "material", that is, an important part of the contract. So the question would be, why does the slight (5%) readjustment of the income split constitute something important to the contract? A contract does not become "null and void" because of minor variations from its terms.

    My question is: why do you want (or not want) the agreement to be "null and void"?

    If your real question is: "can I withdraw from the partnership without breaching the agreement?" The answer is probably yes. Under Illinois Partnership law a partner may disassociate from the partnership at will, unless there is an express provision in the partnership contract to the contrary, and a few other exceptions. See 805 ILCS 206/602 available at http://law.justia.com/illinois/codes/2005/chapter65/32968.html and see a lawyer to make sure none of the exceptions apply to you. In other words, you can probably withdraw from the partnership simply by writing your partners a letter, without needing an excuse. This would probably result in dissolving the partnership, and require a "winding up" of its business, that is, a final accounting and division of any funds or property of the partnership after paying any creditors. If your partners do not want to dissolve the partnership, they can purchase your share for the liquidation value of your share.

    If you feel you have somehow been damaged by the changes, then more information about some additional agreement, and how you were damaged would be necessary. From the facts given here, I do not see how you suffered any actual injury from the compensation shift between one partner and another.

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