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Dillon Gardner Coil

Dillon Coil’s Answers

27 total

  • Can a step parent adopt their step child after the child has turned 18?

    My biological mother has abused me, neglected me, and shunned me out of her family since I was born. I would like to know if my step mom can adopt me altho I am over the age of 18?

    Dillon’s Answer

    Step parent adoption here in Nevada is fairly straightforward, and even more so when the adoptee is an adult.

    Usually the greatest obstacle to step parent adoption is terminating or obtaining a relinquishment of the parent’s rights with whom you want to sever family ties. Because you are an adult, no rights need to be relinquished or terminated.

    You and your prospective step mom will need to formally consent to the adoption, and then a Petition for Adoption can be filed. After the Petition is filed there will be a hearing in family court and the judge will sign the Adoption Decree. Unless you and your prospective step mother want to wait until after the wedding to complete the adoption, your step mother can adopt you at any time.

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  • I am in the process of selling a multi-million dollar deal. The owner has not signed a legal agreement to pay me a

    10% commission, but has sent me an email stating he will pay me 10%. Will this hold up in court if I have to pursue legal action for non-payment.

    Dillon’s Answer

    I would never recommend that a client rely on an email as the basis for a contract, let alone a multi-million dollar deal.

    Entering such an agreement without the assistance of a competent contract attorney is an invitation for trouble down the road. Courts will often look at emails and other 'extrinsic' evidence to help determine the intent of the contracting parties, but such informal correspondence generally leaves the court with too many questions unanswered for the email to stand alone as a binding contract.

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  • Enter your question here. what kind of lawyer do i need to help me collect restitution from someone

    what type of lawyer handles restitution?

    Dillon’s Answer

    Was somebody ordered to pay restitution to you? I represented a client who was supposed to receive restitution pursuant to an Order of Restitution in a criminal proceeding. I filed a civil suit alleging causes of action for unjust enrichment and restitution.

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  • What can the courts take in a chapter 13 bankruptcy. is it better for a loan modification or bankruptcy

    will a second mortgage be able to foreclose if there is over 100,000,000 upside down in the first mortgage

    Dillon’s Answer

    As described above, a filing under Chapter 7 is a liquidation; meaning, the Court will look at what you own, cancel your debts that are dischargeable under Chapter 7, sell what non-exempt assets you have, and then use the leftover money to pay your creditors. The major benefit of a Ch. 7 liquidation is that you can get rid of your house, your second, and any other debts you may have such as credit cards, medical bills, etc. Unfortunately, any federal student debt you may have would not be dischargeable. The downside is that if you have a lot of assets such as stocks and bonds (except for those in a 401K or other qualifying retirement account), expensive cars, vacation homes, etc., you will likely most if not all of those.

    Under Chapter 13, you get to keep everything, but the Court will decide how much you can afford to pay per month for a certain period of time until all of your debts are paid off. Obviously for this to work you have to been in a position to make those payments. So the upside is you get to keep everything and creditors have to stop harassing you, but the downside is that you will have to slowly pay off your debts.

    You can always ask for a loan modification first and see what happens, but banks are usually only willing to work with you if you are delinquent on your payments and facing foreclosure. Even then, except for in rare cases, you have to fit the criteria the banks and the federal government have set to get a real modification

    I would obviously need more details to give you a definite recommendation either way, but sometimes I tell my clients that if they are that upside down on their house, and can weather the next few years without credit, they should just file a Ch. 7 and get a fresh start in a couple years. It stings in the short term, but they will not regret it in a few years. The last thing you want to do is be upside down on your house for 15-20 years, or face a large deficiency if you have to sell in the interim.

    The truth is that so many people are filing Ch. 7s right now that soon the banks will not ask in applications "Have you ever filed for bankruptcy?" but they will ask "When did you file?". With so many people filing the stigma is going away and you would be surprised how soon banks are willing to lend to you again. I hope this answers your questions so far.

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  • Division of partnership/LLC - Partner can't keep up

    A year ago, I had an idea for a product. I invited a friend to work with me in the start up and verbally agreed to give her 40% in which we would eventually form an LLC. The verbal agreement was based on us both working 50% on the project. I...

    Dillon’s Answer

    I agree with Mr. Keyt's post; more details are necessary to make any recommendation of real value. There are many factors here in Nevada that have to be considered before one can know how this situation might play out.

    For instance, if you decide to continue business without her,she might decide to sue you for breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, etc. But, if she has not giving anything of value (time, money, etc.) in return for your promise of 40%, than there is no consideration or consideration substitutes such as detrimental reliance for an oral agreement to be upheld. Even if her case has little or no merit, it would likely tie you up in costly litigation.

    This is just one example of what might happen, but without more details I would not be able to recommend a course of action.

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  • Can i sue opposing attorney for violation of directions of court order?

    Order: "joint-telephonic conversation by counsel to evaluator as needed" Order: Counsel will send a one letter to evaluator giving "facts and findings of court and pleadings" and explain the statute as relates to case Opposing attorney faxed...

    Dillon’s Answer

    I would need to know more details to know whether or not this is possible, but generally if another party is not obeying the Court's orders you can file what is called a 'Motion for Order to Show Cause Why (Name of Person not Following Court's Order) Should Not Be Held in Contempt of Court'. By filing this you are asking the Court to hold a hearing to determine whether or not someone has violated the Court's orders, and whether they should be held in contempt of court for doing so.

    Being held in contempt can result in fines, imprisonment, etc. Depending on the circumstances you can also ask the Court to award you attorneys' fees and costs for having to bring the Motion.

    If you are serious about this I recommend that you hire an attorney.

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  • If my husband quits his job is it possible to file chapter 7?

    We are deep in credit card debt and have a recent repo for about 20k. My husbands work goes back and forth with keeping people and laying them off. If he decides to quit is it still possible to file Chapter 7? If so is there a time frame we nee...

    Dillon’s Answer

    We handle bankruptcy's for the recently unemployed all the time, but as those who answered before me stated, you will need to qualify under the means test. To determine whether a client can qualify for a chapter 7 we give them a questionnaire which helps them detail their financial history and current status. From this questionnaire we can determine whether a client will qualify for a Chapter 7 filing.

    If a client has earned too much income in the recent past but is not unemployed, sometime we can just prepare the filing and hold off until the time that the income figures check out.

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  • I want to open an auto repair shop and run it like a hair salon where independent technicians rent a space. Need lots of contrac

    I want to open an auto repair shop and run it like a hair salon where independent technicians rent a space. I want to be sure that I won't be liable for their work. Will it be enough to draft a co tract for each renter(technician) and another for...

    Dillon’s Answer

    My firm has handled numerous entity formations such as this, and 'it isn't way too risky' if you set up everything the right way. Nevada is a business friendly state that has provided entrepreneurs a powerful set of tools to avoid liability while maintaining profitability.

    First, the business organization must be configured in a way that shields you personally from liability. This typically involves forming a Nevada Limited Liability Company, Corporation, or other business entity. You would presumably be the head of the entity, but as long as you keep the corporate formalities such as not comingling funds, holding annual meetings, keeping up with required filings, etc., it should shield you from personal liability. It is when people use their entities as their personal piggy banks that they get into trouble.

    Once you are shielded from personal liability, then it there are ways to shield the company from liability, such as lease agreements, waivers, and other contracts. We always sit down with our clients, carefully analyze their business, and try to pinpoint any potential source of liability. From there we formulate a broad-based business plan, review it with the client, and get it off the ground. It does not take long, but it makes all the difference in the world.

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  • Verbal contract

    I entered into a bussiness relationship with a person he bought the equipment for a recording studio and i put it together i spent 250 hours treating painting soundproofing installing the equipment and ect. even adding my own equipment. he paid m...

    Dillon’s Answer

    Oral Agreements such as yours can be difficult to enforce, but there are ways to do it.

    To prove that there is a contract you must show offer, acceptance, and consideration (something of value given). There must be a meeting of the minds between the parties, or in other words, the main terms have to have been agreed upon. Written agreements are ideal because they spell all of these things out, but when the agreement is oral, it becomes much more difficult to prove a contract exists.

    Whether or not your agreement is enforceable will depend on the extrinsic evidence you have. If you have before-and-after pictures, especially pictures of you working on the project, those pictures will be very valuable. Also, anything in writing such as scribbled notes, building plans, etc. can become very valuable to prove your case.

    I would need more facts, but my gut tells me that it will be difficult to prove that you were supposed to split profits 50/50 in the future, but I think you have a very strong unjust enrichment claim for the time you put into building the studio, as well as your equipment you put into the studio. Unjust enrichment is a claim stating that somebody else was benefited at your expense without just compensation for that benefit. You should also have a fairly strong claim for conversion (the wrongful withholding of property).

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  • What can I do?

    I was sued in small claims court and wasn't given the chance to plead my case. I just received a copy of a "Writ of Garnishment" from my employer and was unaware a hearing took place. How do I stop wage garnishment, and schedule another court date?

    Dillon’s Answer

    • Selected as best answer

    From my experience, you can have a default judgment overturned here in Nevada in cases of mistake, inadvertence, or excusable neglect (in other words, you have a good excuse). Whether the Court believes your excuse is a good one depends on a number of different factors. The good news is that, in the interest of fairness and justice, the Court generally prefers to try a case on the merits instead of issuing default judgments. That means that the Court overturns default judgments quite easily as long as there is not evidence to show that you should have answered the original complaint against your and appeared in court.

    I recommend hiring an attorney to assist you if you are going to have the default judgment overturned.

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