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George J. Spathis

George Spathis’s Answers

32 total

  • Do I have a strong case against my sister?

    A allowed my sister to stay with me for 3 weeks while she found a new place to stay. During the 3 weeks she promised to give me $67 after I paid her $50 phone bill (the extra $17 was a thank you for helping her) and pay me back another $15 for gas...

    George’s Answer

    Unfortunately, that's not the issue. The filing costs associated with bringing this case are as much as you could recover. It just does not make sense to bring such a case.

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  • Citation to discover assets . this is a corp. what can they take. can i file bankruptcy

    what can they take.

    George’s Answer

    A judgment creditor who serves a citation is entitled to discover non-exempt assets of the corporation, and demand a turnover of those non-exempt assets to satisfy the judgment. The citation is a lien against the assets of the company. A filing of a bankruptcy petition by the corporation will not only stay the citation proceedings, but if the citation was served with 90 days prior to the bankruptcy, the lien can possibly be avoided as a "preference."

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  • What happens if a attorney doesn't show up

    What if an attorney doesn't show up to a court date and you paid them to represent you?

    George’s Answer

    The answer depends largely on the consequences of the failure to appear. If there were adverse consequence (not merely a continuance) It you could at least demand a refund of amounts paid for inadequate representation. If the impact was severe, it can also support a claim for legal malpractice.

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  • Can a motion contain two separate causes such as Motion for Extension of Time or To Stay of Proceedings?

    I am looking to file my motion and to combine requests. What are the governing statutes that address this and can I combine these motions into one?

    George’s Answer

    • Selected as best answer

    In most cases and courts, you can seek alternative remedies in a single motion.

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  • Do I still need to pay the balance to a contractor who walked off the job?

    I have been working with the contractor since May on a remodel of my house. The bulk of the work had been completed and the bulk of the payments had been made. I only owed $3700 as a remaining balance to be paid upon completion. The list of items ...

    George’s Answer

    In the absence of contract that provides otherwise, the contractor is only entitled to full payment when all the work is completed. By walking off the job, you can make a strong case that the contractor terminated the contract, thereby excusing further performance on your part.

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  • Proving Defamation, malice needed or not?

    I have been advised by attorneys on this site that in order to have a valid false arrest lawsuit in a shoplifting case, you must prove malice. Do you also need to prove malice if you sue for defamation? I I read a legal article on the web that sai...

    George’s Answer

    Malice generally is not required in defamation cases, except when public figures are involved. But note that defamation does require publication of a false statement to a third party.

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  • Can I sue a defendant that was dismissed with prejudice on a case that I won and they later committed a wrongful act on me.

    I won a case in the law division for a money default judgement from a predatory lending case. Two of the lenders were dismissed with prejudice on the case. While in the law case, one of the lenders that was dismissed with prejudice won an court or...

    George’s Answer

    • Selected as best answer

    The dismissal with prejudice of your first suit only precludes you from bring those claims, and any others that you could have brought at the time. Because the conduct occurred after the dismissal, you would not be barred from bringing the claim.

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  • I took out a loan the company called my husband and father and told them how much I owe and said I was a lier can I sue?

    I live in louisiana

    George’s Answer

    Contact a consumer lawyer who is skilled in actions under the Fair Debt Collection Practices Act. Harassment of this type in an effort to collect a consumer debt could give rise to a claim.

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  • How can I dispute an autorenewal charge for a computer content service? The company is in CA and I am in NY.

    I was autorenewed for a computer content service. Charged 6K to my credit card. My CC happened to be maxed out, but Chase ran the charge thru. Company asked me how I liked the service and I said it was of no use to me in several emails. Thank you

    George’s Answer

    • Selected as best answer

    The enforceability of an auto-charge provision comes down to proof that you agreed to the provision, and whether you properly provided notice of your intention to terminate. You can argue that your emails were sufficient to terminate. $6k is an atypically large amount to commit on a auto-renew basis. Depending on how clear the auto-charge provision was set forth, you may also gain leverage by asserting or threatening a claim under the deceptive trade practice statutes in CA and NY. You should also consider a grievance with Chase.

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  • Can you hire someone to sign contracts ?

    Can a minor hire someone over 18 to sign the contracts? I know the assets will be in there name. Is it legal ?

    George’s Answer

    Minors lake the capacity to contract, except for "necessities (like shelter, food, etc.). You can however have someone who is of age guaranty the obligation of the minor, provided the promise to pay the debt is in writing.

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