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Pamela Koslyn

Pamela Koslyn’s Answers

26,402 total


  • A friend of mine was supposed to be buying my car, but has stopped making payments and moved out of state. What can I do?

    (Texas)My friend agreed to buy the car from us has stopped making payments and has moved out of state. The car is in my name solely. What are my options to get the car back? Can I report it stolen since I have asked her to return the vehicle mu...

    Pamela’s Answer

    You can't convert a civil wrong into a criminal one. Your "friend" is in breach of the (probably oral) contract to buy your car, and you need to sue them where they live now to get compensated. Unless you had a written contract that says so, or a UCC-1 financing statement filed for a security interest in the car, you can't get it back (and would be obligated to give them their payments made back), although.as a practical matter, if you sue them and they have no money, they might give it back to you.

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  • Where can I sue?

    I live in Kansas and I loaned someone who lives in Illinois some money for a potential business deal. We didn't have a contract, just an oral agreement. He hasn't paid me back. I wired the money from Kansas to Illinois. Can I hire an Kansas attorn...

    Pamela’s Answer

    An oral agreement is a contract. Yours should have included a provision about when the borrower was supposed to pay you back, and if they didn't, then they;re in breach, and you can sue for breach of contract. You will need to prove the elements of that claim which are 1( contract 2) breach 3) no excuse and 4) the lender's damages. If you need to prove 1,2 and 4 by your own testimony because you have no emails, notes, or texts, then that's how you do it. They have the burden of proving 3) an excuse.

    You need to sue the borrower where they live.

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  • Can we evict the person for not following the rules of our church housing unit?

    Our church has a re-entry program those getting their life back together. The program includes free housing. One of the participates is not following the rules of the program and causing problems with other participants. We asked the person to ...

    Pamela’s Answer

    It sounds like the church is acting like a landlord, which means it needs to follow eviction procedures like all landlords do.

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  • Can an entity of the two separate governmental agencies affecting a contract be the same entity?

    If an entity represents themselves to be performing a labor audit enforced by the DOL, later, but during the same timeframe before the contracts end be the same entity representing themselves to be a representative for the contracts procurement di...

    Pamela’s Answer

    Without knowing the corporate chart of an entity, it's impossible to say what its ownership status is. Your query throws in what its job was, who's enforcing an audit, and who it represents, none of which equate to or even imply ownership.

    Your conflict question can only be answered by someone who's given all the facts of the situation.

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  • Can Lawyers charge you for items that are not on original invoices!

    hired a lawyer saved all my invoices and now they are trying to charge me for stuff that are not on the original invoices. I have tired calling to get answers and get rushed off the I have emailed the lawyer twice and still haven't got a response....

    Pamela’s Answer

    If you're referring to out of pocket costs, then your lawyer might not have been billed for those costs by the time they sent you your invoice. It's also possible that some fees were discovered not billed to on a timely basis. At any rate, you're responsible for all fees and costs you agreed to pay in your fee agreement, regardless of any mistakes on the invoices that may exist.

    Billing disputes can and should be avoided by clear explanations, and you're not getting that. If your emai inquiries aren't getting a response, try calling and emailing your lawyer's supervisor, if thy have one, or perhaps the firm's managing partner, to get this straightened out.

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  • If my website greatly facilitates web messaging between it's members, what liability/legal exposure do I have for bad content?

    I have a business model for a website where members can contact (potentially) many thousands of other members all at the same time. I can't control what they send in their messages. Some jerks are liable to send pornographic, threatening or other...

    Pamela’s Answer

    There's a federal statute that immunizes hosts from their users' bad content: 47 U.S.C. section 230 --Wiki article linked below.

    Before launching any IP-based (and really any) new business, you should consult your own IP/business lawyer. This is not your only legal concern.

    .

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  • Changing patent ownerships

    If I register a patent under my name in 2015 in USA and I register a company in foreign country which I own majority of shares in and then can I transfer ownership of that patent from my name to that foreign company name? If yes, what would be ...

    Pamela’s Answer

    Any assignment of patent rights is going to be closely scrutinized by potential investors/buyers/licensees, so hire a lawyer to make sure this is done right.

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  • Legality of "Unauthorized" TV Guide

    I'm wanting to write a non-fiction book on a popular TV show, and it would be composed entirely of episode reviews. There would be minimal summarizing of episodes, and even less use of direct quotes (maybe ~5-10 in the whole book). Anything taken ...

    Pamela’s Answer

    Fair use is rarely "pretty clear." For an example of something you might have thought was a pretty clear fair use, rJ.K. Rowling successfully sued a writer of a Harry Potter "compendium." - please see the link below.

    IP is a tricky area of law, and needs professional input. Especially where the intended IP involves using work that belongs to other, it's wise to hire your own IP lawyer before investing the time and energy to create something so you have a good idea about protecting it, both offensively and defensively.

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  • I file a provisional application and a design and now it in pending status. I found a company in china who wants to license me

    how much do it cost to file for provisional and design in china and where do you file at.

    Pamela’s Answer

    Please see my response to you other identical question.

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  • I file a provisional application and a design and now its in pending status. I found a company in china who wants to license me

    how much do it cost to file for provisional and design in china and where do you file at.

    Pamela’s Answer

    China has virtually no IP enforcement, so it's questionable whether registering IP in China makes sense. An IP lawyer licesned in China can provide more information.

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