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Pamela Koslyn

Pamela Koslyn’s Answers

27,045 total


  • Is this contract enforceable?

    Hello, I had en elective surgery with a doctor and did not have a good experience. I found in a contract online that I don't remember signing this clause: "I will not speak either publicly or privately about any and all people about the procedu...

    Pamela’s Answer

    I doubt this clause would be enforceable because it restricts a consumer's free speech.

    But you have 0 reason to believe that something you found on the internet was in a document you signed. There's a lot of nonsense on the internet, and a lot of pseudo experts who think they know the law because they went to Google Law School.

    Call the doctor's office and ask for a copy of your file, including all documents you've signed, and then you can stop worrying about doomsday scenarios.

    P.S. FedEx does not serve process of lawsuits.

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  • I HAD A PLUMBER THAT MADE UP A CONTRACT THE CONTRACT SAID ONE THING AND THEY DID ANOTHER IS THAT CONTRACT FRAUD?

    A PLUMBING CO. SAID ON A CONTRACT, THEY WILL RECONNECT OUTSIDE SEWER TO EXISTING SEPTIC TANK. I TOLD THEM I DO NOT HAVE SEPTIC I HAVE BEEN PAYING SEWER BILLS FOR OVER 28 YEARS. THE CO. DUG A HOLE THEY FOUND OUT NO SEPTIC! IT WAS A MAIN SEWER LINE....

    Pamela’s Answer

    A contract with a mistake is not fraud. Your main concern should be getting the necessary work done for a fair and agreed on price.

    Did you sign this contract, which did not reflect the job they should have done?

    When a contracting party does something without the other contracting party's agreement, that's called a "lack of consideration," because you never agreed to pay for unneeded work they apparently did anyway. It's not a contract they can enforce.

    See your own business litigator for help.

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  • Can I return the car for a full refund.

    I live in KY and I just bought a vehicle from a local car lot. I bought the car in February of 2016 and I have yet to receive a title. The owner has-been telling me for a while that it should be in the mail. The car is fully paid for with cash. It...

    Pamela’s Answer

    Depends on what your contract/bill of sale says. I you're not sure what the document language means, take what you've signed to a local business litigator to see what you agreed to, and what the transacting parties agreed to do to resolve disputes.

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  • Can you tell me what I should do?

    I published a novel with this publisher. Since then, the company has closed it's doors and I can not order any books to sell.

    Pamela’s Answer

    Your contract with this publisher may address this situation. Somtimes after a certain time, an author can buy the rights from the publisher. Sometimes the rights automatically revert. If this publisher "closed its doors," does that mean it's gone bankrupt, and a trustee distributed its assets, including the copyright to your book? Or does it mean it simply stopped operating? Maybe if asked they'd assign your copyright back to you? Do you know if they even bothered to register the copyright?

    All questions your own IP lawyer can help answer.

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  • Should we oppose another trademark application who applied for exact same trademark under exact same IC?

    Should we oppose another trademark application who applied for exact same trademark under exact same IC (pertaining to different goods within that same class)? They are 1B intent to use, whereas we have been using the trademark in commerce for 5 y...

    Pamela’s Answer

    You shouldn't oppose anything yourself, you should hire counsel to do it for you. And you should oppose another user's intent to use a TM youi've been using for 5 years for confusingly similar goods.

    You need to move fast, since the opposition period has a shaort window.

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  • Do I need an intellectual property lawyer

    I want to put on a concert show to help raise money for cancer. I know what songs I want to use, and am working to obtain a license to use the works. However, I want to use a piece of original recording. I know that the original recording is u...

    Pamela’s Answer

    Yes. You're confusiong what type of license you need, so you defintiely need a music lawyer.

    What works do you iintend to license, the (original) COMPOSITIONS owned by the SONGWRITERS who wrote them and those songwriters' MUSIC PUBLISHERS? If so you need licenses for each COMPOSITION you intyend to perform. ASCAP or BVMI can provide those license. And those COMPOSITIONS are original. So it's unclear why you refer to the RECORDING as "original."

    Do you mean you want to perform/play the recording? That's called a MASTER USE license, and you get it form the record label that owns it.

    The musicians have no say in who licenses the recording, which they don't own. They own some of the PUBLISHING rights to the musical composition which was recorded, but that's a different copyright that the copyright of the RECORDING.

    But if by "concert" you mean you want to perform the composition using your own instruments, or with some musicians using their own instruments, you'd license the COMPOSITION, not the RECORDING, again, from ASCAP or BMI.

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  • Do I have any recourse? Is there anything I can do?

    I bought a vehicle in early February 2016. It is now May 12th. I paid the titling, registration and tag fees. I still don't have tags or my registration. DMV is not going to keep issuing temporary tags (which they have twice already, that I pay fo...

    Pamela’s Answer

    Lawyers are scary because we can sue people, so we inspire fear. If you "lawyer up" you might make some progress.

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  • What else can I do on this situation? they keep on telling me just to wait for the review of this "journal"

    I went to an ATM machine (not at a Bank) and was trying to take out $400 out or a credit card, transaction was approved and when money was going to be dispensed the ATM started to reloading the computer so it turned on and off and I never got the ...

    Pamela’s Answer

    Keep good records in writing of exactly what happened and when, and same goes for your notes about who you speak with, their title and contact information, and when this conversation occurred.

    I assume you've reported this to your credit crad and are disputing the charge, which means they will dispute it for you?

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  • What can I do to stop the Harassment and calls that threaten a court summons.

    Collection for a Payday Loan over 7 years ago. They are harassing me at work and threatening to present me with a Court summons. This is a debt I'm sure I have cleared up over the last 7 years, however do not have proof. How do I stop the haras...

    Pamela’s Answer

    "They" may not even own a debt of yours, and the statute of limitations would ahve run if your alleged breach (last payment) was 7 years ago. If you're being chased by a collection agency, as opposed to the creditor who lent you the money, they can do certain things and may not do certain things, under state and federal collection agency law. They can threaten to sue you, but only if it's a genuine threat, and here, 7 years is beyond CO's 3 year statute of limitations for breaches of written contracts or 6 years for collection of debts on account. Threats to take actions that cannot be legally taken are also banned under the law. Here's that part of the federal Fair Debt Collection Practices Act :
    https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#807

    Look at the part of this law that says how you can get them to stop calling you, if they don't stop. And the part about how YOU can sue THEM if they persist in violating debt collection law.

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