Can I still collect or take them to small claims court even though I don't have the vehicle anymore. I traded it in to get a new car, yet they have not paid me a single penny since the accident.
Mr. Pittman and Mr. Simon are both spot on. If you think that your neighbor has the money to ultimately satisfy a judgment then the small claims approach is probably the way to go. That is, assuming that your damages are less than the small claims cap which is usually several thousand dollars. Further, if you have UIM coverage in your insurance, you will certainly want to consider that avenue.See question
we get an email today asking if we remember how we paid the down payment because their office can not find it . Are we still obligated to pay it
Generally speaking, when you enter into a contractual relationship – as this would appear to be on superficial analysis – you are bound to pay the money owed regardless of whether the other party was prompt in demanding payment.See question
I have a sunpass account and was enrolled in easy pay where it deducts from my accont, yet I received a letter from the State of Flordia saying my license would be suspended if I did not pay $190.88. After doing some research this seems like it is...
Mr. Lechtzin is correct that to first decide whether action ought to be taken, you must first be able to articulate the basis for your belief that the money is not owed. You must ultimately determine the harm suffered. Is it that you did owe an amount, perhaps $150, but because it was not paid you have incurred some penalty fee? If what has occurred is that you have always owed $190.88 and the service that you have utilized to deduct the funds from your account has dropped the ball then your claim for damages may be a bit tenuous. That is to say, if you owed $190.88 regardless of how it was paid, your damages may only be the inconvenience you have suffered. However, I will note that if you are paying some service a fee to deduct the money and that service is not doing so, then there may be grounds for an action sounding in contract for the service's failure to do what it has promised and been paid to do. If you think that you have grounds for a claim, do a search for Florida class action attorneys. This could be a solid case. It is just impossible to tell given the relatively small information provided.
Best of luck in resolving this matter.See question
My partner and I had a business in NY which I withdrew from because I was told that it wasn't making money . I now have the accounting records and know that is not true . I have a withdrawal agreement in which i was supposed to be paid a sum of ...
Given that the new business is located in Florida and that both your former business partner and his wife now also live in Florida, you may well be able to file suit in Florida. I would recommend that you contact a Florida attorney to discuss your options. Even if you ultimately need to prosecute the case in New York, your Florida attorney may well be able to locate local counsel in New York and work directly with him. This would allow you to have New York counsel but still have your Florida attorney.See question
to pay them the money owed because he didn't feel he made enough is this legal or can we sure him?
I will start by noting that it is impossible for anyone to answer the question without first reading the contract. That said, the primary thrust of contract law is to enforce the agreement between the parties as written, where possible. Thus, the key in this is to look at the specific language of the signed contract. If you cannot find anything in there that would, on its face, permit the other party to withhold or limit payment, then your next step should be to call a lawyer.See question
Mom was on satins for years and is now in a nursing home , probably because of the devastating side effects of that stuff . But now that she is on medicaid , is there any point in participating in a class action suit , assuming I can find out ...
If your mother has suffered harm that seems to have come about due to statins drugs then it may well behoove you to schedule an appointment with a lawyer and consider a possible legal action. While there have been class action cases related to statins, a class action suit may not be the ideal avenue for your mother. Typically, the great value of class actions are that they permit a mechanism to adjudicate small claims collectively. This allows redress where an individual's loss would not on its own merit suit. From what you have described, your mother may well have very serious personal losses that may best be recovered through an individual action instead of the class mechanism. There are numerous attorneys who have focussed a great deal of their practice on this exact litigation. I highly recommend that you peruse the internet for such attorneys and call one, two, or however many you feel necessary to get a proper grasp on the situation.See question
I attempted to pay the account on time and in full a year ago. They had billed me in excess of the contract without any clause or addendum that gives them the power to do so. I sent them a check for the contractual amount and they refused it. They...
There is definitely a lot going on here, and from your comment to Eric's response it sounds like you have been sued by the former landlord. It sounds like you may well have a solid position for a countersuit. However, it is important to note that under these facts, the devil is in the details. As Eric noted, it can be difficult to regain money paid where it was not lawfully owed. There is a doctrine of law called the voluntary payment doctrine that may apply in such a situation that could act to bar recovery of the payment. There are exceptions to the doctrine that would allow recovery of payment, but the exceptions can be very fact specific. As to the credit report, there are certainly ways to address those problems as well. Given the moving parts in this situation, I strongly recommend that you find a lawyer to help you with this.See question
Also looking for a class action attorney.
It definitely sounds like you may have a basis for an action against the franchisor. However, in order to be able to assess whether you have a viable claim or not I would need to know more. If you are interested, my firm, Pavlack Law, handles cases like this and the firm owner and namesake, Eric Pavlack, has a tremendous amount of experience in handling class action cases. If you would like to talk, give us a call at (317) 251-1100 or shoot us an email at Eric@PavlackLawFirm.comSee question
Have had several Heart attacts and currently have two stints in my Heart as a result of taking Avandia
This will depend, in part, on how the case is progressing. As a general rule, a person has an almost absolute right to fire his attorney at any point and hire new counsel. However, depending on how the case has progressed, this general rule may well be altered due to the class action aspect of the case. If the case has been filed and a class certified, then the order certifying the class will have not only named persons as class representatives but named what lawyers are to pursue the case. However, if the case has not been filed, certified, or many other various reasons, you may well be able to hire new counsel. I would advise that if you desire to hire new counsel in Tulsa, you find someone who you would like to hire and talk to that person about what your specific options might be.See question