Skip to main content
Timothy Bryan Liebaert

Timothy Liebaert’s Answers

98 total


  • What can I do about a old employee that is stating negative opinions on her social networking site about our business?

    A employee that recently quit, stated on her social network page how she was so glad to be rid of 'the drama that takes place at...." And a few negative things regarding other employess but not stating names. I would like to prevent this from happ...

    Timothy’s Answer

    First, you gather your evidence. Then, you send a Cease and Desist letter to the person. If they do not stop and if the writing is defamatory (libel--is written defamation) then you could file a lawsuit for an injunction and damages. Of course, the cease and desist letter is not usually legally required. It does, however, show that you made an amicable attempt to resolve the issue before going to court.

    See question 
  • Could I be facing jailtime? Kidnapping charges? Can I move case here? What might happen?

    Was served with parantage & motion to show cause for custody rights to our 1 yr old day son & i were leaving to visit out of state to set up move, as father was endangering son by smoking marijuana in house. Before we arrived to oklahoma sons dad ...

    Timothy’s Answer

    You have a sticky matter. You have many facts that impact what is going on. If you violated a law, yes you can be charged with that. Removing a child from the state without the other parent's consent is a Federal Crime (Parental Kidnapping.) The only real basis for something like that is imminent peril. If there is any chance that this might come back to you, you need to see an attorney.

    See question 
  • My son 17 years old in sep is 18 hade sex mith a girl 14 her father put charges against him.

    Can he goes to prision for that, in how long?

    Timothy’s Answer

    Yes. Having sex with a minor is illegal. In most if not every state the age of consent is 18. It is possible, however, that due to his age he will not be dealt with too harshly. The facts of the matter are very important in determining how they will treat this case.

    See question 
  • Didn't sign a loan contract am i liable?

    i refinanced my car in 2005 over the phone and defaulted on the payments the car was repossessed and debt collectors are calling. but i never singed any contract for the refinancing. am i legally liable for the amount???????

    Timothy’s Answer

    I would say no. What evidence is the contract was agreed to? Also, I would check the statute of limitations in your state. In most states, the time frame in which to sue on a written contract is four years.

    In many states, the statute of limitations is 2 years for oral contracts. If they construe the agreement as an oral contract then they would have only two years to sue.

    In either case, it may be too late to sue you and they cannot collect anything.

    See question 
  • Does domestic abuse found inside a home daycare void my contract with that daycare.

    a recent event of domestic abuse occured within the home of the persons who provide me with daycare. now that the safety of children inside the home is in question, does this constitute a breach of contract on their part? Does this make our cont...

    Timothy’s Answer

    Interesting. I would say that it could. In every contract there are "implied" terms. I can see a court saying that an implied term is that there is "no" violence whatsoever at the facility.

    I would place my bet on this one, that yes...it would provide a defense to the contract. Imagine if they sued you and you said you were fearful of the environment. I doubt the court would enforce the contract.

    See question 
  • California right to set off

    Can a bank do a right to set off if your car was repossessed in 2007 and it went to collections. Can they do this? Or does these only apply to overdrafts?

    Timothy’s Answer

    I have never heard of such a thing. If a car is repossessed, the normal procedure (and it is required by law) is that the auto is sold at a public auction for a "commercially reasonable price." They must give the borrower notice. Then, if the car sells for less than what is owed on the note, then they ask you to pay the difference; that is called a deficiency.

    Unfortunately, I have seen this process not be followed. Unless you made some "special" arrangement with the bank, I do not think they can off-set. If that is true, then what they have done may constitute the tort of "conversion."

    See question 
  • How do i sue an shipment company that hasnt fulfilled the contract we both agreed to

    i sent a shipment from aus to sa, paid over $400, they said it would take 3 months, after 3 months they said it had been attempted to be delivered and sent back to oz, they would contact me when it arrived, 8 months passed and they got in touch s...

    Timothy’s Answer

    1. You need to locate the agreement that you and the shipment company agreed to. While I not a betting man, I will bet you 10-1 that there is a "tariff" that applies. Under that "tariff," the company's liability is limited. So, that you only had $700 worth of stuff is good.

    2. Having said that, your local small claims court would be the place to go. However, remember that you have to find out what you agreed to. It may be that they will just pay you off if you document your claim properly and the amount demanded does not exceed the published tariff.

    See question 
  • Out of State Litigation (Litigation in California and Discovery records in Colorado)

    Hi, I am an attorney in California wherein I am defending an action that was filed in California. We need to obtain copies of plaintiff's medical records in the State of COLORADO. 1. Can I obtain such records in Colorado with plaintiff's sig...

    Timothy’s Answer

    Letters Rogatory will due the trick under the full faith and credit clause.

    See question 
  • What does it mean under C.C.P. §533 and C.C.P. §3420(a)?

    What's considered a "material change" of the controlling facts? If I have a verdict from another case that was pending when this RO case was adjudicated, can I take the verdicts back to the RO and do a motion pursuant to C.C.P. §533 and C.C.P. ...

    Timothy’s Answer

    Code of Civ. Proc. 533 simply empowers a judge to modify or dissolve an injunction or Temporary Restraining Order (TRO) upon a showing of changed circumstances. That you believe someone committed perjury is not the type of thing the court would rely upon. For something like that, you would file a Motion for Reconsideration. However, a Motion for Reconsideration must be filed within 15 days of the rendition of the order/ judgment. You are probably beyond that, I am guessing.

    If it was alleged you committed was through the mail, it would seem that you could, conceivably, persist in this behavior even from Japan.

    So, unless you can show a change in circumstances, the court would not have any reason to re-weigh the evidence. Now, if someone did commit perjury, sometimes the District Attorney will file charges.

    See question 
  • I want to file a claim against citimortgage

    I was late by 2 payments I called them beause I was having a difficult time, they told me to go for loan modification which I did and they told me it would stop foreclolsure. Thy foreclosed fannie mae bought the loan and I was not notified that th...

    Timothy’s Answer

    There are a lot of confusion going on with mortgage companies these days. If the law was not followed it can supply grounds to set the sale aside. However, a second option is to sue for damages. This inquiry is very fact specific. Having said that, an attorney would need to learn of the facts and apply the law. The bottom line is that with the state of the residential mortgage crisis, it bears looking into.

    See question