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David Garner’s Answers

730 total

  • How can I get a copy of a will of my mother when my brother the executive of the will want let me have one.

    I have reason to beleave there is more to the will then he is letting us know.

    David’s Answer

    The will has to be filed with the court in order to be probated. At that point it becomes a public document. You should be able to review it and get one down at the courthouse.

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  • My former company threatens to sue me for defamation because I wrote a statement for 2 of my coworkers who sued them last year.

    I used to work for a small family owned company. They were shady and underpaid their workers. 3 of my coworkers sued. I wrote statements for 2. I wanted to help support their cases in court, that was the reason why I wrote them. One of them won an...

    David’s Answer

    Actually, those were probably the best words you could have used. The two best defenses to a defamation action are truth (what I said was true) and opinion (can't be proved true or false). You words would seem to fall into the latter.

    A couple of points. First, it does not matter that you used the word public. Second, published means communicated to a third party not the subject of the statement. A to C about B is publishing.

    If you say "ABC Restaurant has been cited 15 times for having rat feces in the food" and its not true, then you have a probelm.

    On the other side of the coin, if you say "ABC Restaurant is the absolute worst place in the universe to eat" there is nothing they can do to you. Its an opinion.

    I would want to see the entire letter before rendering a final opinion, but I doubt they have a cause of action against you. They could still sue, but winning is a different matter and I don't think a reputable attorney would do it based on what you wrote.

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  • Can a judge place a judgement against me when I do not have a job.

    I received a note from an attorney saying a civil suite was filed against me. i called the company and it is a credit card they say I have 3 years ago that I don't remember even having and I don't have a job. Can they get a judgement against me wh...

    David’s Answer

    Yes. One has nothing to do with the other. The judgement will sit there, accruing interest until you do have a job. In the meantime they can try and levy against assets you do have.

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  • Should I get a Lawyer or is it worth it?

    I was involved in an accident about a year ago I was sitting still behind a school bus when I was rearended. I looked up and seen the girl was not going to get stopped in time, so I braced myself one foot on the brake other on the floorboard. Th...

    David’s Answer

    Yes, immediately if not sooner. Call an attorney. Her insurance company is lying to you. She or they are on the hook for ALL of the damages her negligence caused.

    Call an attorney right away.

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  • Is there a law called the right of recession? and if so how does it apply to retail sales in Arizona

    I recently went to an automotive repair shop for a remanufactured engine. The man at the shop gave a quote on the job at 2,080.00, and it sounded fair , so I had him tow my vehicle to his shop. He also said he needed 50% deposit for the work, That...

    David’s Answer

    I'm not licensed to practice in Arizona, so I will offer advice based on general principles of law.

    It always amazes me how people will extensively research products and services AFTER they have gotten in a bind. I think you are talking about recision (the ability to recind a contract). There is no automatic right to rescind. There must be grounds (some sort of breach like fraud).

    1. He quoted you a price then raised it. If the tax in your area is not 10.87% (2306.10/2080) then it seems like he is padding a bit. Asking for half up front is not unreasonable as he must buy parts and wants to be sure you commit to the bill.

    2. The $1200 might just be rounding. Not technically half, but not a big deal either.

    3. You did not indicate if you got your deposit back (the most critical issue).

    4. If he had already ordered the engine, shipping might be reasonable, especially if you wish to recind through no fault of his.

    It's a difficult read. I'm assuming you got your deposit back. His towing is worth something. The fact that you changed your mind based on third party information after you committed to the contract is not his fault. You have no direct evidence that you would have been dissatisfied had he been allowed to complete the work.

    There is also a statute of frauds issue here depending on what percentage of the contract is attributable to labor and what was merchandise (engine and parts).

    My personal read is this. If all it cost you was $325, you probably did well. If you figure half of that was towing, writing the rest off to getting out of this might not be unreasonable. I'm doubt that you had the right to breach the contract simply based information you read after you made it.

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  • We are a one income household and we have 25,000.00 in credit card debt. We rent our house and own our cars. Are we eligible?

    We are unable to pay more than 500.00 to our credit cards each month. The balances are so high that it will be years before we can gt in the black again. We have been paying on time for the last year. We dont use credit cards anymore and use only...

    David’s Answer

    Eligible for what?

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  • Proabation violation question?

    I am on 1 year probation for a misdemenor. I have to report monthly to a PO and take drug tests. I have been on probation for 5 months and I have never failed a drug test. I have also paid all of my fine. A couple of weeks ago I called the polic...

    David’s Answer

    I would suggest you retain an attorney immediately. Since the downside of this is probably going to be some jail time, you want this handled by competent counsel.

    On a personal note I would also suggest hanging around with different people. If what you say is true, clearly this person is ok with the idea of you going to jail for their drugs.

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  • What to do about 32,000.00 credit card write off?

    I live in Arkansas and have $32,000 on one credit card. I have not made a payment in six months due to factors beyond my control. There are 5 people in my household including my 19 yr old son. This is the only bad debit I have. Should I file for b...

    David’s Answer

    Counselor Sarno is correct. They are not going to "write off" $32,000.

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  • Is it illegal,in the state of Indiana, for your money to smell like marijuana?

    I have been trying to reclaim these funds as I have proof of where they were obtained and have been informed by council that there is nothing illegal by this money " smelling funny."

    David’s Answer

    I don't know that it's illegal, but it almost instantly creates probable cause for authorities to give you a whole new set of problems.

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  • Do I have a right to stay in a house with my son that my husband bought before we got married?

    My husband bought the house we lived in together in his name only before we got married. Since then we have a mutual son and now 5 years later he left and wants a divorce. He is asking me to leave the house with my son stating I don't rights to th...

    David’s Answer

    I'm not licensed to practice in Maryland, so I'll offer some general advice based on general principles of law. Plus, I'm not familliar with the pecularities of Maryland divorce law.

    That said, since he acquired this house before marriage, the court will probably look at it as a separate property asset (not marital property). Balanced against that is the degree to which your earnings if anything contributed to it.

    The court is going to try to come up with an equitable division of assets and obligations, but based on my limited knowledge of Maryland law, I think your husband has a pretty strong argument for keeping the house.

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