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Michael Charles Doland

Michael Doland’s Answers

16,534 total


  • What is the best defense if you are being charged with breach of contract on a promissory note but have no money?

    I had several promissory notes for a startup that ended up failing, and I had signed personally for the promissory notes for the company. The total is 25K between 4 parties.

    Michael’s Answer

    Insolvency is not a defense to breach of a promissory note. The bankruptcy laws are one alternative, but it seems a shame for $25,000. Just letting your creditors obtain judgments is another alternative. If you have no assets and/or little income judgments are not worth much.

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  • Will you please tell me about any legal actions or other tips for keeping my name private when owning a business?

    I am a business owner. The reason for my question, is that I have snoopy neighbors and family who are not very friendly and moral people. I do not trust that they would refrain from telling a lie about me to harm my business. Any tips would be gre...

    Michael’s Answer

    Not appearing in some corporate records, or even all corporate records won't really solve your problem. The world is full of not very friendly and moral people" and anonymity won't help. Your priority should be a good business model and quality of goods or service. Then "lies" can't/won't affect your business.

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  • Can I file an extortion claim against my auto insurance company? Thsee full coverage prices are outrageous.

    I'm currently 27 years old (already strike one), being asked to pay almost/over $500 a month for a 2011 Ford Mustang. I financed the vehicle in Feb. '14, & started insurance payments roughly at $190. That is why I agreed to sign for the vehicle, r...

    Michael’s Answer

    Extortion has nothing to do with high insurance premiums. More like "give me money or I will go to the police" or "give me money or I will reveal your secrets on the internet."

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  • Do individuals have a right to privacy in litigation as a plaintiff?

    It is my understanding that I have absolutely no privacy rights and defendants can subpoena anything about my life even if it is not related to my lawsuit directly or indirectly. For example, my son had some business problems in 2009 and the defen...

    Michael’s Answer

    Discovery demands must either be relevant to the litigation or likely to lead to the discovery of relevant evidence. That being said, a discovery "war" with or without a lawyer is unpleasant. If you don't have documents, the answer is I don't have documents, or I don't have personal knowledge, etc. I personally don't think litigation is DIY.

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  • My business currently occupies a building but my business or myself aren't on the actual lease.

    Hello my question is a bit complex. I own a business (sole owner) and have an investor. He took the liberty of obtaining the lease agreement for the business because he knew the building owner. I was under the impression my business was named on t...

    Michael’s Answer

    Words like "investor" would make an interview by a local attorney advisable. I suspect you have nothing documented and that's an invitation to a future lawsuit.
    People normally like to avoid liability on a lease, not assume it.
    An unlawful detainer would be required to get you out, but you would want to be gone long before then.
    Don't go further down any business road without a CPA and a lawyer.

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  • How does Hunt and Henriques serve a summons?

    I received a letter in the mail that I was going to be sued for credit card debt. I replied within the 30 days but it's possible that letters passed in the mail. I'll know when I get notice they have sued or when I get served. But how do they usua...

    Michael’s Answer

    90% chance this is all a bluff. There is no big deal being served in a civil, non-criminal case, and usually people use private process servers, not the sherrif's office.

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  • Meaning of "injury to person" in Govt. Code 911.2: narrow or broad? (See Black's Law Dict. 6th)

    I presented a claim to County for damages for false imprisonment, lost wages, and emotional distress arising from being held in jail longer than ordered by the court. County's position is that the claim is untimely because the 6-month limit appli...

    Michael’s Answer

    Why did you post under slip and fall?
    If you cite Black's Law Dictionary you will be laughed out of every court.
    Why you think you can take on a County without the help of a lawyer is unclear. Perhaps contact the ACLU and see if they have a referral for you alleged civil rights violations.

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