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Nicholas Donovan Heimlich

Nicholas Heimlich’s Answers

194 total


  • I need an attorney who specializes in Civil Procedure; specifically, Federal Rule of Civil Procedure 60(b) 6.

    FRCP 60(b) 6 contains a “savings clause” that allows judgments to be attacked without regard to the passage of time. This rule does not limit the power of a court to entertain an independent action to not only relieve a party from a judgment, ord...

    Nicholas’s Answer

    You need to speak with an attorney about your case and its specifics to figure out whether is actually a reason that justifies relief from the judgment that is likely to be considered by the Court. Overturning judgments is not an easy thing.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Which would be the best type of response to a summons?

    I received a summons for a breach of written contract and breach of oral contract. The complaint is against my father's estate by some of his business partners. They are claiming he agreed to pay them money but have not provided any proof of this ...

    Nicholas’s Answer

    The answer to your question depends on the facts of the case, including the desired result, budget involved and whether there is any way to resolve this dispute by negotiation or some settlement. You need to consult an attorney and discuss the specific facts and documents involved so that they can formulate a strategy that works for you.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • What can you actually do to get around a binding arb clause?

    I understand the implications of binding arbitration and I either cross through the clause or don't initial them if I can get away with it. However, I'm applying for health insurance and every application that I've seen contains what I'd assume an...

    Nicholas’s Answer

    Sometimes you can ask if there is a version without the arbitration clause, but they may not offer one. The issue will come up when someone wants to sue someone or there is a dispute. There is a possibility that you could challenged the clause, but it is an uphill battle to get around it.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Breech of Employment Separation Agreement - Stated 5 Months of Continuing Health Benefits Were Never Paid. Never sent COBRA.

    On October 3, 2010 I entered into a separation agreement with my employer. We entered into a contract which stated continuation of pay & benefits for 5 months followed by COBRA for 1 month. On 1/15/2011 I went to the doctor assuming I had cover...

    Nicholas’s Answer

    If the Employer breached the separation agreement, then you may have labor code violations and/or a breach of contract. Depending on the amount involved would determine whether it is worth pursuing. Also the terms of the separation agreement may cover some of this.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Is a judgement needed

    I loaned a friend money (less than 3k) and he signed over the title to his truck. He signed a hand written note to repay, and gave me the title to his truck. Its been over 4 months since it was supposd to be paid back in full. It was supposed to b...

    Nicholas’s Answer

    It's not clear from your question if title was handed to you or actually transferred to you. I would suggest you accept payments since the $3K is not that much. If you want to get a judgment, then sue in small claims since it's only $3K. Best of luck.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Is it correct a plaintiff can have a case removed to federal court to slow down a trial.

    If your are not ready to proceed to trial. This would at least slow it down until the federal court can send it back. Any downside to this approach. Copyright is the reason although it has been moving forward for a couple of years.

    Nicholas’s Answer

    It is the Defendant who removes it, the Plaintiff chose the court to file in. Ask the Court for more time if you are not ready for trail and you should explain why you are not ready for trial.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • How can I get the college diploma less 4 units for getting the diploma?

    Hello, I was formal UCLA student in 1995. In 1995 summer session, I took 4 unit psy. class for P/NP (fieldwork). After I finished the class, I checked by phone, and found out that I was incompleted that class. I went to supervisor, and found ou...

    Nicholas’s Answer

    If you have documents from back in 1995 about this situation you could try digging those up. It may also be just as easy to take another 4 unit class. Ask them if a local community college class would count, which may save you some money.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Is it legal to charge 60% annual interest on a private loan?

    I borrowed money with an agreement to pay back in a couple of months with a monthly interest of 5%. It turned that I could not pay them on time, l lost my houses to foreclosures with a great deal of equity in them, which resulted that I could not ...

    Nicholas’s Answer

    Usually, 10% is the limit unless there is an exception. All the documents and items need to be reviewed by a business litigation attorney. You may also need to consult a bankruptcy attorney if you have no money for this loan or other monies.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Can I sue the manager of the business next door for harassing my customers?

    The manager next door has been yelling at my customers, the last time at a good client of ours because his dog peed on their lawn -which is specifically for his customer's dogs to pee on (it's a trailer park). "This is private property!" blah blah...

    Nicholas’s Answer

    First, I would try to make sure that your customers don't have their pets peeing on others property. Second, I would try to work this out amicably with them and see if there is a way to resolve it without the courts. It is unlikely that a Court can really force someone to be reasonable.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • CVS pharmacy lost around 6 reels of my childhood home videos what should I be asking from them to make up for the loss

    Knowing I may never get the film back I think CVS should give my family something in return for the loss of the film

    Nicholas’s Answer

    It would be hard to quantify you loss. I would try to negotiate or write letters to CVS and ask for a reasonable sum. If they do not cooperate, then you could sue in small claims for up to $7,500 as an individual.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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