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James W Claflin Jr

James Claflin’s Answers

92 total


  • LANDLORD WILL NOT FIX MY AC

    CAN SOMEONE PLEASE TELL ME WHAT I SHOULD DO FROM HERE. I HAVE A LANDLORD WHICH WHOM AS PERSONALLY SAID I AM HIS BEST TENANT UNTIL NOW WE HAD A GREAT RELATIONSHIP, HE WOULD CALL ME AND ASK FOR HELP CLEANING UP SOME OF HIS RENTAL PROPERTIES IN WHICH...

    James’s Answer

    As a tenant, you may or may not have the right to insist that the landlord provide air conditioning. The first place to look is to the lease agreement to see if the landlord agreed to provide it. While normally AC is not considered a necessary utility in the US generally, unlike, for example power and water , it may indeed be a necessary utility in Clark County, Nevada. There is a common-law theory known as "constructive eviction" that allows for a tenant to make a claim against the landlord if the conditions of the premises are so intolerable that the tenant is basically forced to leave. Whether the lack of AC will work to support this type of claim for you depends on a variety of factors. And of course no lawyer can give solid advice on a lease agreement without reading it. You should consult with a good Nevada attorney -- many of whom will give you a free consultation. If you cannot afford an attorney, you may qualify for free legal help with the Legal Aid Center of Southern Nevada. Here is their website: http://www.lacsn.org/

    Best wishes.

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  • Help out of state plaintiff in need of Attorney to make an appearance in Clark County.

    I have a hearing on July 20th 9am. Arb Comm. exempted my case from arbitration. Defense objected and Judge wants a hearing. Currently Pro Per, would pay an hourly at this time to assist. May turn into a full sign up.

    James’s Answer

    You should consult with a good Nevada litigation lawyer without delay. The hearing is just one week away.

    Best wishes.

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  • If I put in my 30 day the first of August and evacuate the premises August 30 do i have to pay the rent for September?

    Im putting in my 30 day i just want to be sure of the consequences before i move forward.

    James’s Answer

    Generally the answer is no, but there are not enough details here to give a solid opinion. A lawyer needs to read the notice provision of your lease to give you solid advice.

    Best wishes.

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  • Does parent still owe for 1/2 for the cost of travel?

    Long story short, just had a review of custody case, I have to pay the father $150.00 a month in child supprt, cost of travel is either deducted or owed for the following month's child support depending on who purchases the plane ticket. Per the f...

    James’s Answer

    Carefully review the court's order to determine what the effective date of the order is. You and the father have to obey the court's order starting on the effective date. You will have little if any ability to try to enforce the payment of items that were incurred before that date.

    Best wishes.

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  • My landlord will not fix our air properely...and now wants to take us to court. what can i do?

    we rented a house in oct. 2011 when the weather was cool. when the weather started to change & get hotter it started getn hotter in the house. landlord himself came over but told us he was just a worker & said he fixed the problem but when we look...

    James’s Answer

    As a tenant, you may or may not have the right to insist that the landlord provide air conditioning. The first place to look is to the lease agreement to see if the landlord agreed to provide it. While normally AC is not considered a necessary utility in the US generally, unlike, for example power andwater , it may indeed be a necessary utility in Clark County, Nevada. There is a common-law theory known as "constructive eviction" that allows for a tenant to make a claim against the landlord if the conditions of the premises are so intolerable that the tenant is basically forced to leave. Whether the lack of AC will work to support this type of claim for you depends on a variety of factors. And of course no lawyer can give solid advice on a lease agreement without reading it. You should consult with a good Nevada attorney -- many of whom will give you a free consultation. If you cannot afford an attorney, you may qualify for free legal help with the Legal Aid Center of Southern Nevada. Here is their website: http://www.lacsn.org/

    Best wishes.

    See question 
  • What do I have to do to get emancipated?? Will someone please help me with this??

    I have done nothing so far to start but I would like to .

    James’s Answer

    One key part of the petition for emancipation in Nevada is a sworn statement from the minor that he or she willingly lives apart from his or her parents with his or her parents' consent. Another key part is a sworn statement that he or she is now managing his or her own financial affairs. If the minor cannot make swear to these two key things, among many others, the petition would very probably not be granted.

    These can be complicated legal issues for a minor. A minor in this situation should consult with a Nevada family law attorney, many of whom will give a free consultation. Another option for someone who cannot afford an attorney in Las Vegas, Nevada is to consult with Legal Aid Center of Southern Nevada for a free attorney. Here is a link to their website: http://www.lacsn.org/

    Best wishes.

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  • Can I fire a member of Llc? If I'm the manager member and president of the company? There is no operating agreement.

    The member has not shown to work in over three months, he took all the equipment he brought to the company, plus have been calling authoring tell them that the company does not the right license to operate but indeed we do. He also has been talki...

    James’s Answer

    I agree with Mr. Hanson. Although under Nevada law, an operating agreement is not required to create and maintain a Nevada LLC, the members of an LLC should always have an operating agreement.

    How long has the company been operating? Was the equipment the company's principal or sole source of capital? What are the respective percentages of ownership/membership of each member? These and many other specific questions need to be explored to give you concrete legal advice. You should consult with a good Nevada business law attorney.

    Best wishes.

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  • Can i be my own registered agent?

    in the state of nevada

    James’s Answer

    I agree with Mr. Coons and wish only to add that one good reason NOT to be your own registered agent is that most private individuals are not at the address they list during normal business hours without interruption. In a worst-case scenario (but not uncommon scenario), this could lead to a process server going to the listed address a few times during normal business hours, finding nobody there because you are away on vacation, and then the suing party gets a court order to serve you via newspaper publication. You never see the notice, and the other party obtains a default judgment against you. It happens.

    Best wishes.

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  • I let a brother borrow 2 books now he said he wants to keep them can i get them back leagally.he doesnt want to give them back.

    i live in vegas now from maine.my brother lives in maine.i lend him 2 very important books .though he would enjoy them.now i ask for them back he doesnt want to give them back.what can i do to get them back.i wrote him a letter asking for them ....

    James’s Answer

    If you can prove ownership of the books, you can sue him in small claims court, but the real question becomes "where must you sue him?" You could certainly go to Maine to sue him where he lives, but of course, you would prefer to sue him here in Las Vegas. A Las Vegas Justice Court may or may not have personal jurisdiction over a person now living in Maine. It depends upon a variety of factors that are too involved to answer through this website. You should consult with a lawyer. Unless the 2 books are expensive, collectible antiques worth thousands of dollars, it would be silly and expensive to sue him. You should work harder to understand why he refuses to return them and to work it out with him.

    Best wishes.

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  • Looking for a case review of my two lawsuits

    Defense has objected to first interoggs and admissions. Looking to file a motion to compel

    James’s Answer

    Before going to the time and expense to file a motion to compel discovery, an evaluation of the strengths and weaknesses of the defense's objections should be performed.

    You should consult with a good NV civil litigation attorney.

    Best wishes.

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