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James R. Andrews II
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James Andrews’s Answers

107 total


  • Can I pursue action? What kind of attorney would I need to contact? Accident, personal injury, or other?

    I broke my hand at an establishment playing a "boxing" game where you hit a small bag which in turn will tell you your power. With the follow through of my punch I hit the neighboring (directly touching the "boxing" game) wooden speedball cabinet....

    James’s Answer

    You need an attorney to assess how you were instructed, the gyms precautions, whether they have insurance, all surrounding details. A personal injury attorney is the proper party.

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  • Verbal & written agree about my being a co prod, co writer4 screen adaptatation based on childrens book. Have the book rights

    I got kicked off project for lifestyle reasons not professional or creative differences. I was given a warning and followed thru on script request as many team delays. At first I was told i had their support, I am getting kicked off team when as i...

    James’s Answer

    This is a complicated question which needs more details. You will need to disclose the jurisdiction/state you are in, the nature of the relationship that was terminated, was it a job, or a contract post. What are the details of your agreement and what were the lifestyle reasons you were terminated. It sounds like you would benefit from at least a consultation with an attorney in your area, however based on the details of your question, I am not certain if it would be a labor matter or a breach of contract matter. Please add more details and I am sure an attorney on this post may be able to give you further guidance. Good luck.

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  • Is it considered assault if someone says something to anger a person, and that person physically attacks

    I told a person that he was being rude, he wanted to take me outside, i told him nothing to fight over. 2 minutes later i was pulled off my seat with him on top of me wailing away. i never threw a punch. The bartender refused to call police, but c...

    James’s Answer

    Generally an assault is placing someone in fear of imminently being battered (unpermissively/ offensively touched). Merely telling someone that they are rude does not appear to embody such. As we always say in these bulletin boards, to find our for certain your liability you may want to confer briefly with a local attorney regarding your potential right to recover for your injuries and to discuss the details of the entire interaction. I do not imagine that you called him rude for no reason at all.

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  • We have a counter claim for breach of contract, but the listing agreement clearly says that one must demand mediation and arbit.

    Our answer is due next week. My attorney has already demanded mediation. My attorney wants to file a counterclaim in civil court, however my concern is that would waive our right to attorney’s fees (since he isn’t going through binding arbitration...

    James’s Answer

    If mandatory arbitration is required, you would likely want to have a motion to dismiss filed based on the terms of the contract before answering the lawsuit. However, you should confer with an attorney to review the agreement to make sure you are bound to arbitration or if it is in fact optional.

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  • I need a personal injury lawyer after tripping over a pallet at home depot.

    I am in hockessin De and was recently at a home depot while getting supplies to fix up my home. I fell over a pallet of hardwood on a pallet blocking the isle. There was no signs and none of the chains were up. Didnt have any issues at first now...

    James’s Answer

    If you in fact suffered and injury caused by a slip on a substance or material that the store should have either warned of and/or removed you may have a cause of action. You will want to speak with a local attorney and discuss the specifics of the environment that caused your fall and what you were doing. If you have not already, go to the doctor!!!

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  • As a landlord if a tenant is incapacitated, how long must you wait before you seek a tenant?

    My in-laws own a property that they rent out. The tenant suffered a stroke that he may or may not recover from. He has no family members to handle his affairs. How long must they wait before they can seek a new tenant and what do they do with his ...

    James’s Answer

    In Arizona, commissioners order evictions for less. Despite the health of the tenant, the LL is entitled to possession based on failure to pay.

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  • CAN I SUE FOR ALL THE EQUITY IN MY HOME? WE HAD A VERBAL AGREEMENT WITH WITNESSES.

    My parents gave me a 3% down payment . during my contract i changed jobs in the same line of work. I call my mortgage broker and told her what happened and would the sale still go through. she said let me check with boa underiding she got back to ...

    James’s Answer

    Attorney Ellie answered your question completely. What you may want to do from a practical perspective is negotiate with your boyfriend to entice him to come off of time ASAP.

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  • I recently lost a Quiet Title Suit to a Seller who feigned Incompetency after the Fact. How long do I have to vacate?

    I, the Buyer, have lived in the house in question for 3 years, and just received the Judgment from the Court against me.

    James’s Answer

    You can stay until they send you a notice to vacate, and / or the new owner receives a forcible detainter order. How long that will take is totally at the discretion of the other party. You could have a few days per the notice to vacate or have an extended period of time if they do not immediately pursue possession of the property.

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  • My ex-husband passed away and was upside down in his house. Will his estate be liable for anything?

    It appears when he purchased the home he secured a primary mortgage, 2nd mortgage, and a HELOC; however, all that was refinanced in 2012 into one primary mortgage.

    James’s Answer

    You are going to need counsel. However, based on your question it appears that the estate will be liable for cash balances on these loans. The anti-deficiency statute referred to by the prior counsel pertains to purchase money loans. As you indicated, he refinanced a number of loans into one, recent case law has given the lender the authority to pursue a debtor for cashout funds. However, in practice this is not common. To best manage the potential liability contact an attorney who may negotiate with the bank any potential deficiencies via a settlement, sale, or deed in lieu.

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  • What are the legal resources to exercise my right of possession under joint tenancy? The other co-owner has locked me out.

    My brother has been living on the property for 8 years. He has recently married and moved his new family members in. I need to move to this residence and they have locked me out. They have never paid me any monies. I read that if I am ousted I h...

    James’s Answer

    Contact a local attorney, however as partial owner of the property you are entitled to live in the property unless you have an agreement that provides otherwise. If need be you may have to file for an injunction with the court to enforce your right to possession if your brother will not allow you access to the property.

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