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James Charles Haigh

James Haigh’s Answers

46 total


  • We were asked to leave our unit due to a sewage leak.Construction had to be done on our unit that would take at least 2 months

    Having nowhere to stay with a 3 year old we found another vacant unit in our complex that we decided to move to. Our landlord released our security deposit to our new landlord. I transfered electric over to new unit yet recieved a letter 3 weeks l...

    James’s Answer

    Well, it sounds like you did what you are supposed to do - transfer the power out of your name and over to your new address. The fat the power company did not do so in time was not your fault. Landlord accepted the benefit of the construction work, so it is between landlord and contractor as to who will pay it. I would tell utility company to check their records to confirm you requested transfer of power on certain date and tell them you are not responsible for power use after that date.

    Now for the standard disclaimer . . . I am not licensed to practice law in the state of CT, and accordingly this post is not intended to convey legal advice, nor is it intended to create an attorney-client relationship. I suggest you consult a local attorney for specific advice as to your situation.

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  • Do they have to submit the lawsuit to their insurance?

    I hit a pothole in a construction zone. It is a long story but I have been requesting records and putting together the events for 10 months now. The county and the GC have unfairly denied my claim. I have made claims with all parties that I know w...

    James’s Answer

    In general, if a defendant you sue has liability insurance to cover your claim, they are better off by advising their insurer since the insurance company will pay a lawyer to defend the case and will usually pay to settle as well. This assumes, of course the claim is covered. While the policy does require the policyholder (the defendant in your example) to give them prompt notice of any claims against them, there may be a number of reason why a company does not do so. They may be concerned about an increase premium for next-year's policy, or they may have a large deductible they would have to pay anyway so they figure it is more cost effective to take care of the claim on their own without advising the insurer. Regardless, your claim is against the persons responsible for your damage, not (at least in most states) against their insurer. I am not licensed in AZ so I am not aware whether you may include the insurance company in the suit. If you get a judgment against the defendant most states I believe allow you to collect it against the insurer for the defendant. If your claim is only $1,000 you might try small claims court and not worry about insurance. Good luck.

    This note is not intended to be legal advice, nor is it intended to create an attorney-client relationship. I am licensed in WA, CA and District of Columbia only and not AZ.

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  • How can i get a copy of a police call ? and would it help at all?

    i was involved in a hit and run. when i made the 911 call i gave out the make of the car, the color, etc. but the police officer that wrote the report did not write down all the details i gave out . I didn't notice until after i received a copy f...

    James’s Answer

    Your question is not clear as to why you need additional information - are you making an uninsured motorist claim against your own policy for injuries? If so, I agree you should leave it to your insurance company to investigate. You called 911, and you submitted a police report of the accident. I assume there was some damage to you car? If there was contact and damage you should be OK, but you should certainly speak with a local attorney familiar with uninsured motorist claims to verify that you have fulfilled all the requirements of your policy for making a claim against your own insurance policy for your damages. Good luck.

    Legal Disclaimer:

    I am licensed to practice law in Washington, District of Columbia and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise the questioner to confer with an attorney in your state in order to insure proper advice is received.

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  • I'm 29. At 21 I dicovered I was adopted illegally. I have attended school in CA all my life K -11.I need a soc sec card.

    And I ca't get one. I can not rent, get a job, I can not live w/ out it. I have seen lawyer but don't get much help.They want me to pay a high fine & deport me to Mexico for 10 years then I can reenter the U.S.A & pay another fine. I am affraid my...

    James’s Answer

    You need to consult with an immigration specialist as soon as possible, as they will know your rights. Your local Bar Association may be able to get you the name of an attorney or an organization that may offer low cost or free advice on immigration matters. Best of luck to you.

    Legal Disclaimer:

    I am licensed to practice law in Washington, District of Columbia and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise the questioner to confer with an attorney in your state in order to insure proper advice is received.

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  • Does a private property owner have to carry insurance,

    i worked for a property owner for approximatley 2 months. in very harsh conditions. two weeks before the job was finished i ruptured my rectum severly. i finished the job and was kicked off the property and never paid. i also have been suffering f...

    James’s Answer

    Your question does not mention whether your injury was related to you work on this job or not. If so, you should contact a workers compensation attorney in your area to see whether you may be entitled to benefits. Depending on what you were doing on the property, if the owner had homeowners insurance, his policy may include coverage for injuries to you while working - again depending on what you were doing, how much you earned, and how many hours you worked. A local workers comp or personal injury attorney would be able to assist you in.

    Good luck to you.

    Legal Disclaimer:

    I am licensed to practice law in Washington, District of Columbia and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise the questioner to confer with an attorney in your state in order to insure proper advice is received.

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  • How do I stop my stepdaughter's mother from telling school officials and other people, that I am her sister when I am not?

    My stepdaghters mother claims to be a single mother because her sister stole her boyfriend. shes telling people that I am her sister and I am not. She left the relationship to be with her other childs father, while she was making these false claim...

    James’s Answer

    I agree with the previous answer - send a certified letter to her demanding that she immediately cease from making such claims. If she does not, you may have a claim for defamation, provided you can prove damages from her comments. A local attorney would be your best bet - call your local Bar Association for their Lawyer Referral Service (Santa Clara County has one, I believe) and make an appointment to discuss this. In the meantime, you may want to try to determine whether you have suffered any actual injury or damage from the false statements. Finally, you need to be aware that there are statutes of limitations which provide deadlines for filing suit. If you miss the deadline, you may lose the right to seek damages for your claim. For this reason it is very important to discuss with a local attorney who can determine whether you have a valid claim and whether the statute of limitation is an issue.

    Legal Disclaimer:

    I am licensed to practice law in Washington, District of Columbia and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise the questioner to confer with an attorney in your state in order to insure proper advice is received.

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  • Can i sue a construction company for damages done to my car even if the road was closed my mom lives on the road

    can i sue a construction company for damages done to my car even if the road was closed my mom lives on the road me and my sister are her only way for her to get to dr appointmens

    James’s Answer

    Your question does not state how the car was damaged, so it is not clear whether it was due to the poor condition of the road itself (ie dangerous condition) or whether a construction employee did something like drive a truck into your car. Regardless, the contractor will likely claim that by closing the road, they gave notice that it was dangerous to drive and that if your car was damaged, it was your own fault. While you may have had a valid reason for wanting to travel on the road, one argument may be that you should have flagged down a supervisor and let them know your situation so they might have assisted you in getting through. With so many variables, it is hard to say whether there may be liability or not. You may be better off just making a claim to your own insurer and let them go after the construction company if they feel it is worth their effort to recover what they pay under the policy to fix your car.

    _____________________
    Disclaimer: This general response is not intended to be legal advice, nor does this response create any attorney/client relationship. You are urged to seek the advice of a local attorney who can counsel you after hearing all the relevant factual details of your situation.

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  • Insurance company, hit and run, fraud issues?

    So one night i was at a friends house drinking a little and when i was about to leave, my friend told me to punch the car(go really fast) and i did. i went too fast to the point where i broke late and hit the rear bumper of the car. i was so scare...

    James’s Answer

    You need to talk to a criminal attorney as soon as possible. Other possible consequences - your auto insurance carrier may be able to rescind your auto policy on the basis of your misrepresentation in submitting your claim. This means they may refund your premium and claim that your policy is rescinded (meaning they will act as though it was never issued to begin with). If that happens, you may be in a situation where you have an accident for which you had no insurance coverage and you may lose your driver's license as well. Talk to an attorney and he/she can counsel you as to how to approach this.

    Good luck to you.

    _____________________________________________
    Please note, that this is not intended to be specific legal advice; no attorney-client relationship is created by this response.

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  • Does a car dealer have the right to repo your vehicle due to your insurance being cancelled, but are not behind on payments.

    The car dealer we are going through came to my home in the middle of the night and stole our pickup due to our insurance being cancelled, we were going to get some the next day but the lady got ugly on the phone and hung up on me, she told me i be...

    James’s Answer

    Since I am not licensed to practice law in TX, I cannot comment on the specifics of your question, however I can make a general observation about this situation. First, I assume that the dealer provided the financing for your purchase and in exchange for agreeing to finance the purchase, they required that you carry insurance on the car. This makes sense, since they agreed to use the car as collateral for your loan, so they must be sure that their collateral does not get destroyed before they get paid. Hence, their insistence that you keep the car insured. It is likely that failure to keep insurance on the car was a breach of the agreement, entitling them to claim you were in default.

    I do not know the laws in TX for when someone can repossess a vehicle, however you may want to check with a local attorney - likely a bankruptcy attorney or one specializing in debtor/creditor rights. Might be a good idea to also discuss with that attorney how you might be able to work out a deal to get the car back - you will probably have to purchase insurance and pay their repossessions expenses, but your attorney can work something out. Good luck to you.

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  • What are a Landords rights?

    We had a Lease option with someone for our old house. The Lease clearly stated they were to have specific people living in the house, which they violated, rent was to be paid on time, which they violated more than three times. They were to have g...

    James’s Answer

    It sounds like your tenants caused damage to your rental premises and because it took so long for you to determine the nature and extent of damages, you did not provide them with the required written statement describing the basis for keeping their security deposit within 14 days. Unfortunately, by failing to provide the written statement to your tenants within the 14-day time period, you are barred from keeping the security deposit (see RCW 59.18.280, which is the code section which talks about this). The law also provides:

    "The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310."

    If the dollar value of the damage to your home was significant. it might be worthwhile to consult a local landlord-tenant attorney to see whether you might be able to recover any of the damage, however by failing to serve the tenants with the required notice, you have significantly compromised your position. Call a local attorney to discuss this, but be aware that your former tenant already has a lawyer and he/she will be aggressive about getting back his/her client's security deposit. Good luck to you!

    Now for the disclaimers: ________________________________________________________________________

    The response above is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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