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Pamela Koslyn

Pamela Koslyn’s Answers

27,045 total


  • I can only prove most of the money that I was suppose to be reimburse for does that mean I cannot claim the rest?

    I made a series of small loans to someone that add up to a large sum. I have evidence for it but I cannot prove the additional loan that was made later. Does that mean I cannot make a claim for the grand total and can only claim the amount that ...

    Pamela’s Answer

    Proof does not have to be in writing. Written contracts are more easily proved than oral ones, but oral ones are theoretically just as enforceable. Your own oral testimony (as well as that of any thrid party witnesses) is evidence and proof, as is your bank records (and the defendant's bank records, if you can subpoena them), plus anything in wiring you may have, such as emails and text messages. Obviously corraborating written and third party evidence will lend support to your oral testimony, but that doesn't mean you can't rely on your own oral testimony.

    If you're proceeding in Small Clams court against this borrower, it may be wise to hire a lawyer for an hour to help you organize your claim with a trial brief with appropriate exhibits.

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  • How do I go about getting property returned from a crooked consignment jewelry store that has since gone out of business?

    I went 2a local jewelry store hoping2sell a bracelet I no longer wear. The stores owner agrees2sell the bracelet on consignment,we agree on a price for the bracelet, and also for the cost of his service4 selling it &keeping it safe until it is, in...

    Pamela’s Answer

    I'd suggest finding the owner/business and serving him/them with a Small Claims suit.

    To find him/them, look online on people search sites, Facebook, etc. Try the realtor who's responsible for re-leasing the shop, they may know where to find him. Depending on what the bracelet was worth, a private detective may or may not make sense.

    If you're unable to find him/them, I'm afraid you're not going to have any recourse against this "conversion" of your property. But at least you know this wasn't about stealing your bracelet --he's/they're actually gone out of business after 20 years in the community.

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  • How?

    I'm retired senior citizen on Social Security and just got a 68% increase in my insurance premiums because of a fraudulent claim. Evidence shows I could not have caused the damage. Two insurance companies, Dept of Insurance, SMCo DA and DMV will n...

    Pamela’s Answer

    First thing to do is get other insurance quotes. That increase makes no sense for a fake claim of $1,366.

    As for your lawsuit, no Avvo lawyer can advise you how to file a complicated lawsuit, which you should not file yourself.. I'm not at all sure you have a qui tam claim. I assume your other references are your versions of the Penal Code (which are for the DA to charge and not for use in civil litigation) the Insurance Code, and the Vehicle Code. I'm pretty sure you have no cognizable defamation claim beacuse of the litigation privilege, and what you refer to mnay not even be defamatory.

    Before you waste more of your own time or anyone else's, see a local litigator for help. Avvo's a geat resource but it's no substitute for your own lawyer.

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  • Can I be responsible for the debts (a business line of credit and business credit card) if the account was opened as an LLC?

    I am 66 years old and ready to close the company (it is just myself and my wife, no employees) I have started taking Social Security - the company has no assets but the combined debt is around $40,000 to the bank. I do not have the funds to pay ba...

    Pamela’s Answer

    Many parties, icnluding banks and landlords, require LLC owners to sign "personal guarantees," meaning you and/or your wife as individuals are liable for the LLC debts. That means dissolving or bankrupting the LLC won't help you here. You and your wife could also be held liable on an "alter ego" theory if you, for 2 examples, signed documents in your own names instead of the LLC, and undercapitalized the LLC.

    A settlement with the bank may be your best option, especially if the LLC has no assets and you can show its lack of income with its tax returns and you and your wife's K-1 partnership share of the LLC's income. Then the bank will be satisfied that there's no hidden assets/,money here.

    Your LLC needs to hire a business lawyer to review its loan documenst to properl;y advise you of the options availlable to you.

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  • Is it suspicious that after 4 months since the civil case was filed the insurance company lawyer realizes the codefendant of his

    client in the same case is indemnified and so now he is going to represent this defendant too. During these 4 months another lawyer represented this defendant? During these four months did not either of these lawyers have a legal obligation to tel...

    Pamela’s Answer

    No it's not suspicious. As my colleague notes, 4 months is not a lot of time in civil litigation, and no, only your own lawyer owes you a fiduciary duty of loyalty and confidentiality. Other people's lawyers don't woer opposing parties any duties.

    There's a way to make settlement communications confidential and inadmissible, and this is why it's good to have professional representation, because if you didn't preserve your rights, you may have made some damaging admissions. You're best off hiring a lawyer to represent you in this litigation or you'll be very quickly outlawyered.

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  • What are my options?

    So someone purchased a car for me in their name. We agreed that I would make the payments and pay the insurance (all verbal), which I did. When I moved out of the house, I was told that I could keep the van as long as I made on time payments. Befo...

    Pamela’s Answer

    If you had use of the van for 2 years, you'll still owe the cost of its use and the cost of insuring it. Any excess, plus the cost of the fine for your alleged theft is owed to you by whoever bought it for you and won't give it to you now. You may also ahve a clkaim for slander if this was truly slandser under PA law.

    See a PA business litigator for help.

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  • What recourse do I have if I sent a business check in error to the wrong client, and said client cashed said check?

    I represent a business that sometimes has to refund membership fees to clients. Typically these refunds are in excess of $1,000. Due to a clerical error, a refund check for $1,000 was sent to the wrong client. It did, however, have the proper ...

    Pamela’s Answer

    t's unclear how the right name and address was still the wrong client, but if asking nicely isn't working, your only recourse may be to file a Small Claims suit against this "wrong client" for this money wrongly paid to them.

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  • Do I still have to pay the loan

    The bank did not ensure they had all the proper documents prior to paying off another financial institution and we signed the loan on a vehicle due to them stating all the documents were in order. We're unable to get the vehicle in our name beca...

    Pamela’s Answer

    I'm guessing you signed these loan papers without reading them or hiring a lawyer to read them for you. So predictably, now you need to see a lawyer to see what you did sign. I'm not sure why the seller's probated will wouldn't allow them to sell the car and transfer its title to a buyer, but if the contract's purpose was frustrated and the "consideration" failed yet these papers represented that the "documents were in order," then you should be able to rescind this loan based on mistake.

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