Skip to main content
Zachary James Levine

Zachary Levine’s Answers

85 total


  • Personally Identifiable Information published on a website

    I recently came across a website that has published a family tree. Within the family tree my immediate family is named and included in the details are full names, date of birth and place of birth. According to my family members, they may have fo...

    Zachary’s Answer

    All of the information you listed is a matter of public record (which is most likely how they obtained it) and there is generally nothing wrong with posting that type of information on the internet, especially if there is no quantifiable harm caused to you by it being posted.

    That being said, you may still be able to discuss the issue with the company and they may be willing to provide some sort of compromise that doesn't disrupt their service but still gives you more privacy.

    See question 
  • Clause in Martial Arts School Membership Agreement

    The Membership Agreement for the school I attend has this clause under the Notice To Buyer: "This agreement comprises the entire agreement pertaining to membership, and no other agreement of any kind will be recognized by us." Can this be inte...

    Zachary’s Answer

    The clause you're quoting is called a "merger clause" and states that as to the subject matter of the contract, that agreement will take precedence over other agreements between the same parties. You will probably want a local attorney to review all the relevant documents to determine exactly what is being superseded but generally that agreement between the school and your wife would only trump other agreements for the same subject matter between the school and your wife.

    See question 
  • What happens if i break a furniture lease aggrement

    I rented from aarons paid alot but now I have broken the contract. I dont want to give it back since i have paid so much. I still have it. Will they just put it on my credit or is it gounds for stealing.

    Zachary’s Answer

    They will probably file a note on your credit but they may also sue you for damages and/or return of the property. If they sue for damages they could put a lien on your income to ensure payment or prevent you from getting a loan in the future. If they sue you for recovery of the property it won't be stealing but failure to return the property will put you in contempt of court, which carries similar penalties.

    Bottom line, if you broke the contract and want to keep the furniture you need to work out a settlement with aarons. Keeping the furniture is going to end up costing you a lot more than it is worth.

    See question 
  • Is a handshake agreement binding

    I was court order to pay my ex mileage money to come pick up our child; however, we had made an agreement that she would not ask for the mileage money again and I would not take her back to court to ask for day care cost that she was not paying?

    Zachary’s Answer

    While oral agreements are binding because you have a court order it would be in your best interest to stipulate to a modification of the order. This means that the two of you would reduce your agreement to writing and submit it to the court to modify the order. Otherwise you are still left with a court order and your word against hers if a dispute arose.

    See question 
  • Taking someone to small claim court.

    My ex-boyfriend owes me $400 and he signed an typed contract and dated it saying he would pay me back. I have already got the paper work from the small claim court i just have to fill it out. I was wondering if I will need a lawyer to go with me a...

    Zachary’s Answer

    There are almost always no lawyers allowed in small claims court. Since you are seeking to recover less than $5,000 all you need to do is prepare your paperwork, have it served on your ex, and attend the hearing. You can, however, consult with a local attorney who can prepare you for the hearing and help you prepare the paperwork to make sure everything is in order.

    See question 
  • Are non-competes enforceable as part of membership agreements with martial arts schools?

    The agreement students sign have a clause that says in consideration of training obtained students agree to not teach martial arts or any similar instruction for 5 years following termination of the agreement within a 50 mile radius of any school ...

    Zachary’s Answer

    While I do not practice in your state, I believe that MN has moved away from requiring independent consideration to enforce a non-compete but that is only in the employment context. Your biggest hurdle will be that you signed the agreement and agreed to its terms when you could have taken one look at the non-compete clause and found another school. Courts will look at the facts of every case when determining a non-compete clause and consider such things as the reasonableness of the restriction(s) and whether the signer was actually privy to anything that will interfere with the business of the drafter.

    You should consult a local attorney who can analyze all the facts as they pertain to your case. If this were an employment non-compete I would say you have facts favorable to your position with regard to the number of years and excessive territory, however the court may not side with you as much because the agreement is not preventing you from performing your current job, only from starting a new venture.

    See question 
  • Can I sue a business for cancelling a contest I entered and if so how do I go about that?

    I entered a youtube video contest sponsered by a local orthondontist to win free Invisalign treatment with a value up to $5,000. I read the terms and conditions carefully before submitting my video and no where did it say that they could cancel i...

    Zachary’s Answer

    I do not practice in your state, however in California it is illegal to operate a contest where a minimum number of entries is required for someone to win. I suspect there may be a similar requirement in OK, which is why you couldn't find a clause like that in the terms and conditions. You should consult a local attorney who may be able to provide you with the comparable rule for your state. In the mean time I wouldn't accept the $500.

    See question 
  • Can I start up my own company in addition to my current job without conflict of interest?

    I want to start up my own marketing company on the side while I work at an advertising agency. I would be doing the same thing at my regular job, but with very small clients my agency is not interested in. I will use a unique method to acquire b...

    Zachary’s Answer

    Even in the absence of a non-compete agreement, your employer could still fire you if they found your business to be a conflict of interest if you are an at-will employee. They would not have a right to your unique methods or your business based on the information you have provided, but it would still probably be in your best interest to get their approval,

    See question 
  • How do I file a civil lawsuit against my ex-girlfriend for furniture she won't return to me???

    She got a restraining order and on it the judge said that I could only take my clothes and items needed for work...I have receipts showing that the item do indeed belong to me,,,

    Zachary’s Answer

    If the furniture is worth $5,000 or less you can file a small claims action against her for its return. The NC Legal Aid website has a guide for filing: http://www.legalaidnc.org/Public/Learn/publications/Small_Claims_Court/default.aspx

    If you're interested in collecting more you should consult a local attorney.

    See question 
  • Is it possible to accuse a high school coach of defamation of character

    he is bad mouthing our son to the people in the stands before games to make his own son look better on the court

    Zachary’s Answer

    To answer your question, it is certainly possible, however to succeed on the claim you will have to establish actual damages that your son is suffering as a result of the comments and the comments must be untrue. A lack of verifiable damages is where most prospective defamation claims fail.

    See question