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Scott E. Chapman

Scott Chapman’s Answers

147 total


  • Do I have the right to find out who posted a statement on topix that could cause many problems for my family?

    An anonymous person placed a very damaging statement about my partner on Topix claiming that he was a meth head. As a professional tradesman he does not need law enforcement harassing him, or customers to take their business elsewhere because of ...

    Scott’s Answer

    depending on your jurisdiction, yes. The general rule is that harassment and libel are grounds for a lawsuit that will then give you the authority to subpoena the IP Address and other relevant information to identify this person. Best of Luck!!

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  • Mutual Release with ex busniess partner. Seriously violating what I thought was an agreement not to slander / Libel / or defame

    Currently using a combination of personal opinion and information about our business to conduct a slanderous campaign how do I stop this. And clear my name.

    Scott’s Answer

    • Selected as best answer

    YES, you start with a cease and desist. Then if that does not occur, you need to make sure you have the evidence and can sue to enforce the agreement. Your agreement may or may not address damages. If it does not, then tort values will likely be assigned depending on how you are damaged. If you are not damaged at all, it is a worthless venture.

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  • We owe California State tax and cannot afford to pay? We now live in Las Vegas, NV. Can California put a lein on our assets?

    We have received letters and tried to make a small monthly payment that they will not accept as they require a larger monthly sum.

    Scott’s Answer

    • Selected as best answer

    Yes, they can pursue you in NV. I would contact a local estate planning attorney in Las Vegas to see how to deal with asset protection. As well, you might want to contact the Board and negtiate a payment plan. That will usually get them off your back.

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  • I am trying to start an online poker site that would provide entry into WSOP.

    My understanding this falls under sweepstakes laws and want to know what I need legally to start.

    Scott’s Answer

    Not in Nevada, you're not. No online gambling yet is legal here. You will need to contact a gaming lawyer in Nevada. We have ton's and they can help you with how to set that up.

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  • My lease does not end until April 2013 and the lease reads

    My lease does not end until April 2013 and the lease reads " Notice of termination: Resident shall give management a 30 day written notice of intent to vacate prior to the expiration of lease terms, or renewal or extension. Verbal notice is not su...

    Scott’s Answer

    That form is for 30 days prior to expiration. So the form is to be filled out in March 2013. You really have no recourse here, unless I saw something in the contract or if the Landlord has otherwise breached by not living up to their duties. But it does not sound like it. If it is an apartment, you will really have a tough time. There are so many vacancies, they will not likely re-rent it and you'll still have to pay monthly rent. If the landlord decides to re-take possession after the 15 days, then you will have an argument that you no longer have to pay rent. The 15 day thing is so they can re-rent and not have squatters. But if they don't re-enter, you'll be on the hook. The landlord can't take the property back and get rent, that's double recovery. Don't tell them that, just give your notice you are leaving and leave. If they want you to pay, they'll send a collection company after you. But you do have exposure. Sorry and best of luck.

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  • Can a property in the state of Utah charge you for interest fees along with collection fees if you break your lease?

    Daughter broke her lease and now she's making payments but the property is charging her for interest fees along with collection fee.

    Scott’s Answer

    Most likely yes. It depends on your contract provisions. If there is no contract, it would be tough to do.

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  • Is it illegal for them to pack our personal belongings before our 30 days and can she takes pictures of me without my consent?

    I got an eviction and a few days later I came home to my landlord and his daughter packing all of the belonging in my house in the kitchen bedrooms closets and everything. His daughter wouldn't let me enter the house started talking crazy to me an...

    Scott’s Answer

    There are a TON more facts that I need to know to be able to tell you. What notices were given? Was there an order from the Court? Were the police present?

    If the Marshall was not there, it is most likely that they do not have the right to a "lock out". The only time the Landlord can enter your premises and start to pack your things is after a summary eviction. You should have had a 3 day notice to quit or somethings similar where you could have a chance to oppose it. Then, once they get an order, the Marshall is the only one allowed to open the premises and let the landlord in and they can only pack your things after a certain amount of time, they must first give you a chance to remove them. It sounds like your landlord it in the wrong, but I can't be certain unless I know more info. You need to talk with an attorney...IMMEDIATELY. Time is of the essense.

    As for the pictures, that is situational, they may be able to if they had the summary eviction order to be in the house. If they did ont have the order, then no they can't.

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  • If I have a business on a piece of property with a lease do I have to move

    I have a business which I purchased on property that went into forcloser I have a lease to stay on the property I received a 3 day notice to move, the property is in contract and I have spoken with the person who it is contract with and they said...

    Scott’s Answer

    There is a little more to this, so more facts would be needed. You do need to consult a NV lawyer. Foreclosures by statute cancel all contrats on the property. However, you may have a case to stay for a short amount of time. You should oppose IMMEDIATELY at your local courthouse the 3-day notice, they may not have even done it properly. That's why you need an attorney YESTERDAY. Just disputing it alone could buy you some time. However, I would take the approach of negotiating with the new owner. Your old lease is 'dead'. You must negotiate or move. I'm sorry for the situation. If you are not looking to stall so you can move and find a new location, don't bother with hiring counsel, just negotiate a new lease...but you shoudl have counsel review that anyway. Best of Luck

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  • I received a private message on facebook from someone I do not know who is trying to accuse me of fraud and theft.

    I do not know who this person is and their account only holds 23 or so friends and their picture is cartoon in nature. Here is the messages that they sent to me: wow...(my name)... THE THIEF!!! just so you know, there are many that know exactly ...

    Scott’s Answer

    In addition to what has been said, it could be a person that does not like you. You should certainly block them on FB and use the privacy settings to ensure they cannot access your account at all. If it persists, you could report to law enforcement, but I doubt they will be able to do anything. Only a civil invetigation could find out who they are (e.g. subpoenas of their IP addresses, etc).

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