My dad traded a truck for a van that he discovered had a rotten frame and wants to trade back for the truck. No bill of sale or any other papers were signed, the guy refuses to trade back and we tried to be civil about it but he won't. He even wen...
The general rule is that people can reclaim property that belongs to them if they can do so without breach of the peace. If a truck belongs to me, if I have not transfered the title to another and the title and registration are in my name, generally speaking I can go get the truck if I can do so without breach of the peace, meaning, creating a ruckus. This is very similar to what repo people do--the people who possess the vehicle have stopped making payments on it, and the loan instruments have language allowing the lender to repossess the collateral if the payments stop.
"Breach of the peace" means just that: If the person who possesses the vehicle starts making a ruckus, that's a breach of the peace. One thing a person can do is ask the local police if they will come along to be present during the repossession out of a fear of breach of the peace.
If the circumstance is too anxiety producing or dangerous, the person who holds title to the vehicle can bring an action in the small claims court asking the court to order that the vehicle be surrendered. I think this costs between $52 and $78 depending upon the value of the case. There is a delay between filing the action and having the hearing. But that's another route you can take.See question
I have been accused of / caught falsifying my time card. I was suspended with pay pending investigation. I am suffering from a chronic mental issues that is the cause for my poor decision making. I have never informed my employer of my issues. I j...
As a general rule, an employee at will who steals from the employer may be lawfully discharged, and the reasons the employee asserts after the fact to justify the theft will not suffice to cause courts to second-guess the employer's decision to discharge employee.See question
I am litigating a civil case for breach of contract and am pro se (unless trial is ordered). I quoted, I feel are the appplicable statutes etc. I also used a few case laws in support. But after I submitted final pleadings, I found even more and...
If you have authority that's on point and helps you, and you are asking the court to do something specific that you're entitled to and that the court has the power to do, it helps the court if you direct it to the authority that's on point, especially if it's binding authority. (If you don't know what "binding authority" means, you shouldn't be litigating your own case.)
When you say you "submitted final pleadings," I don't know what that means. I know what pleadings are, but "final pleadings"? In a civil action there's a complaint, and the other side can answer, or bring dispositive motions (such as a motion to dismiss). If there are contested material facts, there needs to be a trial to sort them out. If there are no contested material facts, and one of the parties moves for summary judgment, it can be useful to cite the authority on point that you have. But you don't state that you moved for summary judgment, so I can't guess about the procedural posture of the case.
There are many situations in litigation where you don't need case law at all. The judge is an expert in the law, and knows the law of contract pretty well in his or her head, chances are. Sometimes you just need to put the facts in a row, and state the legal principles at issue. Other times the law is more involved, and you need to show the court that the same issue or issues have come up before hierarchically superior courts whose precedent binds the judge, and that under the circumstances he or she ought to do the same thing. But again, I can't tell what the procedural posture of the case is, only that it's pretrial.
Not legal advice, just general principles. Consult California counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.See question
Was arrested for drug trafficking in 2002, no bail was given, but by mistake was released on $13 fine, never went to court after that and have not gotten in trouble ever since. Checked the court index for records shows up dead docket. Can it be di...
It might be illuminating to read the questions and answers below. The asker's situation is different than yours, but if the statute of limitations for a felony charge of drug trafficking is four years, and it has been fifteen years, the prosecutor can't bring the prosecution.
This is the post: https://www.avvo.com/legal-answers/what-is-the-statute-of-limitations-on-drug-traffic-549793.htmlSee question
My elderly Mom sold her home in New York and I moved her in with me in Vermont so I can take care of her. On the day of the closing (I was there since I have POA), buyers found flooding on lawn and wants my Mom to pay ($6000.00). Thus escrow wa...
Severability clauses are utterly standard. Sometimes an agreement is basically sound but one of the provisions violates public policy or simply can't be enforced. A severability clause says, if the court finds one of the provisions of the contract not to be kosher, it doesn't mean the whole contract is void, it just means that one provision is. It is a proper thing to put in a contract and the great majority of competently drafted contracts include a severability clause.See question
Until recently my hair dresser, fiance and I thought my hair was falling out due to stress on my recent wedding. Turns out it was suave shampoo. Suave has turned my once long, thick, dandruff free hair into dry, brittle, dandruff,itchy red scalp, ...
It's hard to know. I suspect you will need to present expert testimony to prove the shampoo caused the damage to your hair and scalp. Usually such persons are scientists, although there may be cosmetology experts who have extensive knowledge of products such as shampoos and problems associated with them. There is also the question of damages and how to quantify them. The thing about hair is, it grows back, and so unless your scalp has been permanently damaged or you are permanently bald, the damages are not likely to be that great, which means any financial recovery you may have will be limited at best. Finally, there is the issue of medical causation. If you thought stress was causing your hair to fall out, presumably it was because you were stressed. How can a jury distinguish between hair loss caused by stress and hair loss caused by shampoo? I don't know, and maybe there is no way to know.
Consult a lawyer licensed in Kentucky who handles product liability cases to obtain legal advice you can rely on which is tailored to your specific circumstance. I practice in Vermont ONLY, so that's not me.See question
defendents in arbitration case keep postponing
Arbitration procedure is not governed by statutes, but by whatever rules the arbitrators have adopted. We can't tell what kind of arbitration this is so we have no idea what rules the arbitrators follow. (To illustrate, FINRA arbitrators follow rules prescribed by FINRA, but other arbitrators would follow other rules.)
To answer your question, there probably is no hard number of postponements. However, the more postponements, the more annoyed the arbitrators are likely to be at further requests, and the less amenable they are going to be to granting postponements.See question
What are good signs a alj will approve your claim what are things that will happen at court that will be good signs she might approve u
Are you asking about a hearing to determine whether you are entitled to Social Security Disability benefits?See question
I am on SSDI and I don't have enough money to pay for some products. That's why I like free trials, and if what I bought is sent to someone else's place and they didn't like that. Would that be considered Mail Fraud?
It might well be considered mail fraud, if you are lying and using the mails to promote your lie. It also appears to breach the covenant of good faith and fair dealing. It would be wise to avoid doing this or anything like this.See question
A friend of mine who owed me money died and I believe the executor fraudulently filed a "no asset" estate. I am an out-of-state creditor and this was an oral agreement to borrow and pay back money. At least one of the deceased's next of kin ackn...
With respect to real estate, there are some forms of real estate ownership, such as joint tenancy with right of survivorship, in which the title to the real estate passes to the other owner at the moment of death and is not subject to probate. So it is conceivable that your friend may have owned real estate jointly with another, and that title passed to that other at the moment of his death, and is therefore outside his probate estate.See question