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James R. Andrews II
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James Andrews’s Answers

107 total


  • If my stolen car was chased by police and is now totaled can I sue the City?

    My car was stolen 2 days ago and I saw it driving by this morning so I followed it and called the Police, when they showed up the person driving my car was able to drive around them which caused the Police chase and my car went out of control and ...

    James’s Answer

    I would not recommend suing the police for chasing a party who stole your car, however you may be able to recover against the thief. Police are general immune if they are responsibly performing their duties.

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  • We got a car and it has been in a wreck and they wont give us another car what do we do.

    The car does not drive right it makes load noises and claking noises.

    James’s Answer

    Please elaborate. Information that might be helpful in determining if an insurance company must provide you a rental or make repairs is who is at fault and whether your insurance covers rentals during repair.

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  • What's the cost to have an entertainment attorney review a commercial to see if I'm eligible for an upgrade to principal?

    I did background work on a SAG commercial. I'm CLEARLY visible in the final edit, which is airing non-stop. I've gotten a million congratulation messages from family/friends. The agency won't pay me as they say I'm "atmosphere". SAG is no help...

    James’s Answer

    Simply being visible does not make you a principal, however an attorney with intellectual property and specific entertainment law knowledge might be willing to do a consultation with your for a hourly fee. You might be looking at any where from $300-500 for an hour.

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  • How do I remove a 2nd mortgage while being current on my first. value of the first is greater than the 2nd?

    First mortgage is current and valued more than the second mortgage

    James’s Answer

    To get rid of the second, you may pay it off, negotiate a pay off, sell the home, refinance the first to absorb the second, file a chapter 13 and do a lien strip or default and pray that they do not pursue a trustee sale. (I would not recommend the latter.) In today's environment your best option might be a short payoff, however you must consult with an attorney for guidance as a determination will be based on your investor, and your financial situation.

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  • Wells Fargo has just sent me a judgement that my wages will be garnished. Original loan 500 dollars. Garnishment amount $6000.

    Before the judgement happened I did get a lawyer that did nothing for me clearly. Did not communicate on what was constantly taking place, and now all the sudden we get a letter after we asked them to see if the creditor will settle for less. I ne...

    James’s Answer

    If the period of time has lapsed for you to appeal, the only way to contest a judgment is to file bk, make a payment arrangement with the judgment holder, quit your job, pay it in full or grin and bear the garnishment. Contact your attorney to find out what happened and consider the above options.

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  • Can i sue the state agency dcs and cps for, pain and suffering, kidnapping, false reports , slander? To name a few..

    Feel i have been targeted for ten years by cps. Have not been able to succeed in life due to mental anguish caused from ptsd related to extreme panic and stress associated with the claims of abuse/neglect never substantiated allegations resulting...

    James’s Answer

    You are seeking a David v. Goliath type of fight. This is not to say you could not prevail based on your statement, however, you will have to have your ducks in row, substantial proof of civil rights violations and an attorney willing to fund your case. The previous attorney was dead on. You must put your case information in order and seek counsel.

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  • Does the fact that a contractor hired a unlicensed subcontractor have an effect on a breach of contract suit?

    The subcontractor has only a CR-8 Floor Covering license but poorly performed the remodel of shower and bathroom surrounds.

    James’s Answer

    Based on your brief description the license status of the performing party may come into play if the general contractor was negligent in his/her selection of the subcontractor who performed his duties. However, you may be entitled to damages based on breach of contract if the work performed did not in fact meet industry standards. You may want to contact the AZ Registrar of Contractors to pursue any possible action and receive a remedy if you have already contacted the contractor and he/she has failed to remedy.

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  • I am wondering if a minor could open a bank account on behalf of their company, with all required paperwork (EIN, etc.)

    That is really all.

    James’s Answer

    No a minor can not open an account. A minor can not sign a legal document and be held accountable for it. So no bank will ever issue you a bank account with out your legal guardian co-signing for it. However, most banks do have student accounts which you may want to investigate.

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  • How do i go about getting help

    i have a infestation of bed bugs , i also found out it was a pre exsisting problem that has never been treated properly if at all . i read that landlords may not enter into a lease knowing a unit is infested . how do i go about gettin my deposit e...

    James’s Answer

    As Attorney Brady astutely stated above, if the issue involves serious health and safety matters such as yours, you can demand that the landlord make the repairs in five (5) days. If your landlord does nothing to repair the home within after getting your notice, you may terminate the lease and move out. If you cannot move out, you may file a lawsuit asking the court to force your landlord to do the repairs; you will also be able to sue for damages. If the issue requires a repair that will cost less than $300, or an amount up to one-half your monthly rent, you may hire a licensed contractor to
    make the repair at the landlord’s expense. Pay the licensed contractor and get an itemized bill showing what you paid for, and have the contractor sign a “waiver of lien.” Give your landlord a notice that states that the repairs are complete, attach copies of the itemized bill and the waiver of lien
    to the notice, and state that you will subtract the cost of the repairs from your next month’s rent.
    You must complete each of these steps before you can subtract the repair cost from your rent.

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  • Can a workman comp ins carrier pay a claim the way they want to or do they have to pay it according to settlement judge signed

    I advised my Attorney I would like to settle my claim so I did not have to deal with these people anymore. The carrier came back and said the only way they would settle was lump sum medical and lump sum wages. We had to wait for CMS to ok it but ...

    James’s Answer

    Generally speaking a court order must be followed to a T. Before definitively answering your question, details of your agreement must be discussed, such as were the terms of payment discussed. I would contact your attorney to schedule a time to review the agreement you made and determine whether the insurance company is in compliance. If they are not, your counselor can advise you on efforts to return to the ALJ for ICA enforcement.

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