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Sharon Elizabeth Conway

Sharon Conway’s Answers

35 total

  • About debt recovery for business

    We would like to recover debt (business to business) and file law suite a small claim court. The challenge is - we lost contract. We have invoices (partially paid by a client), service fulfillment evidence, email correspondence with the client ac...

    Sharon’s Answer

    Mr. Barnes is correct - gather everything you have, especially the e-mails from the client acknowledging the debt, and file in small claims court.

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  • The original owner of a service company have a good law suit against a manager for starting new company while working for him?

    I’m worried about my best friend, he is in his 50’s (so am I). He just relocated, sold house and quit job of 20 yrs to move to new job near my wife and me 400 miles away, this is in Texas. A Service Company hired him and they paid for his move, al...

    Sharon’s Answer

    Is your friend also the manager that started the new, competing business? You do not state that in your post but the answer by attorney Frank Natoli seems to assume this.

    If there was no contract between the service company and the manager, the service company may well have claims against the manager for tortious interference with existing business relationships and with unlawful use of the service company's confidential information (client list - assuming it was confidential). If there was a contract between the service company and the manager, the contract needs to be reviewed to determine if any aspect was violated by the manager, but the company would still have the option to pursue tortious interference. The service company needs an attorney to review and advise on this matter.

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  • A former employer of mine still has copyrighted artwork on their website

    I have notified them that they need to take this artwork off their website. They do not have written permission to use it and were only allowed to use it while I worked there. Is there a certain amount of time they have to remove the material fr...

    Sharon’s Answer

    Is it YOUR copyrighted material that is on your former employer's website? You do not state this in your post. If it is, as stated above, you should send a DCMA takedown notice. Here is a nice little article on this: http://nppa.org/page/5617

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  • I still married but my husband trow me out from our home I withdrawal money from our personal account can he put me in jail??

    He treat me with my life if I do it again..

    Sharon’s Answer

    You need to seek a family law attorney immediately to assist you, The basic answer to your question as posed is that if it was a joint account, you have the right to withdraw the funds. However, nothing is ever truly that simple and that is why you need to seek a family law attorney - that and if he is threatening your life, you need to get a protective order and possibly file criminal charges against him for the threat. Your situation is far to serious to deal with via lawyers on a website. If you cannot afford an attorney, there are organizations out there that can help you for reduced fees or for free if you qualify. Please seek legal advice immediately!!

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  • What is the best course of action to pursue $15000 in unpaid invoices from a General Contractor?

    I acted as a subcontractor and am pursuing $15000 in unpaid invoices that are over 250 days old. The general contractor has acknowledged that he owes the debt but has made no attempt to meet his obligation. The work was completed at sites throug...

    Sharon’s Answer

    You need to send the general contractor a letter, sent via certified mail, demanding payment of your invoices (include copies of each invoice with the letter) in full within 30 days or you will sue. In the mean time, you should seek the advice of a collections attorney. The total amount you are owed is too much for small claims/JP court, so you will need to sue in county or district court. If you are not incorporated, you can still represent yourself, but I would not advise that course of action. When you hire the attorney, the attorney will need to send another demand for payment, including a demand to recover attorney's fees for the collection effort. Has the GC admitted in e-mails or texts that the GC owes you the money? You can (and should) use any written communications you have had with the GC as evidence - get copies of everything to your lawyer. By the way, use e-mail whenever possible because e-mails are easier to obtain than text messages. Good luck to you in your collection efforts.

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  • In small claims, so is it 10 or 30 days to file motion for new trial? See below.

    Mr. Henson wrote: Basically, immediately if not sooner. Motion for new trial: 30 days. Appeal to County Court (constitutional or at law), usually resulting in a trial de novo: 10 days from the judgment date or the date the order overruling ...

    Sharon’s Answer

    In Texas, you have 10 days from the date of the entry of the judgment in small claims court to file a notice of appeal for trial de novo in county court.

    From http://www.jp.hctx.net/civil/filing.htm:

    If either the plaintiff or the defendant is dissatisfied with the decision of the Justice of the Peace, and the amount in controversy is more than $250.00, the dissatisfied party may appeal the final judgment to Harris County Civil Courts at Law. The procedures for appeal are the same as if the party were appealing from a decision of the Justice Court.

    If the appeal is by the defendant, within ten (10) days from the date of the judgment, the defendant must file an Appeal Bond, with two or more sureties, in double the amount of the judgment. The bond is in favor of the adverse party and must promise that the defendant will prosecute the appeal to conclusion and pay any judgment that may be rendered by the County Civil Court at Law.

    If the appeal is by the plaintiff because the Justice of the Peace denied the plaintiff's claim, the plaintiff, within ten (10) days from the date of the judgment, must file an Appeal Bond, with two or more sureties, in double amount of the costs incurred in the Small Claims Court and the estimated costs in the county court, less any amounts that the plaintiff may have already paid. The bond is in favor of the adverse party and must promise that the plaintiff will prosecute the appeal to conclusion. See Rule 571, Texas Rules of Civil Procedure.

    "Sureties" are persons who guarantee that their principal will perform the promise made, or pay the amount of the bond. To be a good and sufficient surety, the surety should be worth at least the amount of the bond after deducting the value of the surety's property that is exempt from execution or forced sale, and the amount of all outstanding debts owed by the surety. The surety should have property worth more than the amount of the bond that is subject to execution.

    If the party wanting to appeal is unable to pay the costs of appeal or give any security for those costs, he or she is entitled to appeal by filing a pauper's affidavit (stating such inability with the Justice of the Peace within five (5) days from the date of the judgment. Notice must be given to the other party of the filing of the affidavit, and the facts of the party's inability to pay costs can be contested. See Section 28.052, Texas Government Code and Rule 572, Texas Rules of Civil Procedure.

    The Affidavit of Inability to Pay must satisfy the requirements of Rule 145 of the Texas Rules of Civil Procedure. Rule 145 requires that the affidavit contain complete information as to the party's identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income (interest, dividends, etc.), spouse's income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The affidavit must also state that the party is unable to pay the court costs, and that the statements made in the affidavit are true and correct. The affidavit must be sworn before a notary public.

    The appeal must be accomplished within the times specified and follow the procedures specified by the applicable rules of procedure. The rules applicable to appeal from Justice Courts can be found in Part V, Section 6, Texas Rules of Civil Procedures.

    When the appeal has been perfected and the transcript sent to the County Civil Court at Law, the party appealing will be notified to pay the costs on appeal to the County Civil Court at Law. Those costs must be paid within twenty (20) days after being notified to do so by the County Clerk, or the County Clerk will return all of the papers to the Justice of the Peace. The party in whose favor the judgment was rendered may then proceed to collect the judgment. See Rule 143a, Texas Rules of Civil Procedure.

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  • Can a breach of fiduciary duty be brought against a law firm or just the attorney?

    The contract was with the law firm and the attorney worked for the law firm. Is it like a greivance and can only be brought against the attorney or can it be brought against the law firm?

    Sharon’s Answer

    If the attorney was employed by the firm at the time the wrongful conduct occurred, then you should have a cause of action against both the attorney and the law firm.

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  • Is the original signed agreement nullified?

    I had an interview on 6/28 with a modeling agency. I got the job but the y said I would need a portfolio to begin. It would cost me $400, half due immediately then the rest due 8/3 the day of the shoot. I didn't have the money available so I signe...

    Sharon’s Answer

    I guess I simply don't see a problem here. You originally agreed to pay on 7/4, they asked for either 7/3 or 7/5 due to the holiday, you didn't really care because you told them 7/3 was fine, you ended up agreeing to 7/5 but they "ran your card" on 7/4. You agreed to pay. You were fine with 7/3,. You were fine with 7/4 when you signed the contract. They ended up running it on 7/4 instead of a 7/5 verbally-agreed dated. Seriously, does this matter? How have you been damaged? You agreed to pay the money. If they did something to breach - failed to provide you the portfolio - I could see having a problem. Your only complaint is that you agreed to pay the money, but they ran your card on 7/4 - the original contract date you agreed to - instead of 7/5 - the date that you verbally agreed to - and these dates are one day apart? This is not a legal issue, and I believe, based on what you have stated above, that you are being unreasonable. Continue with your contract and good luck to you.

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