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Pamela Koslyn

Pamela Koslyn’s Answers

27,045 total


  • Breach of verbal contract

    The first issue is that the MSA that was filed in FL, was not the one that I signed and agreed upon, but the statute of limitations has expired for fraud. I did not agree to pay support after college, but the MSA states I pay as long as the ch...

    Pamela’s Answer

    Yes, Avvo is for relatively short, general questions. Your situation is factually complex and you need your own NJ family lawyer to discuss all the details with and sort this out. Assuming your NJ family law judge retained jurisdiction (authority) over your divorce, this can be enforced and amended as necessary.

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  • Do I need to issue w-9 to an independent contractor for over $600 per contract?

    hello I'm interested in hiring an independent contractor for his social media marketing service. It's month to month contract. should I have him fill out w-9 if his monthly fee is over $600 or if the total amount I'd pay him per year is over $...

    Pamela’s Answer

    I agree with my colleague. You need to tailor your employment contract with this worker to make sure they're really an independent contractor (they retain control over when and where they do their work, they work forother employers, they provide their own equipment, etc. etc.) and not an employee misclassied as an independent contractor.

    And yes, you need their tax ID number so you can fill out the proper form at the end of the year.

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  • Is this breech of contract?

    AT&T sold us bundled service with the cell phones we already had and uverse internet. They sold us directv to be bundled with those services and collected a $300 deposit and scheduled the installion. They then refused installation due to an old ac...

    Pamela’s Answer

    Probably not, but no lawyer can tell you much about what you signed without reviewing those documents. I imagine AT&T left themselves lots of loopholes to refuse to perform, or to perform in ways that wouldn't allow to claim breach.

    You can either try to resolve this with AT&T's customer service (ask for a supervisor, and that this be escalated to "retention," beacuse they're about to lose you as a customer), hire a lawyer to review your situation with AT&T and advocate on your behalf, or get your deposit back and do business with someone else.

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  • What are my options moving forward?

    I am a independent musician distributing my own music. My Artist name is a surname. If I intend to file a trademark, It can only be a supplemental filing. My biggest concern is someone else using the surname as well and trying to make a profit by ...

    Pamela’s Answer

    If you acquire a trademark registered on the supplemental register and a junior user started to compete with you and confused consumers, you'd still be able to assert your senior user status and sue them for trademark infringement.

    The USPTO covers the US. The Madrid Protocol allows an applicant to apply for trademark rights in multiple foreign countries through a single application with a single office, in one language, with one set of fees, in one currency.

    See your own IP lawyer for help.

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  • See "details" section. Question contained therein.

    I have a good friend who I sometimes lend money to. He always pays back, then eventually borrows again. The only promissory note that I ask of him is one that states that, if he dies before paying back the loan, his surviving family is to repay th...

    Pamela’s Answer

    Yes, a homemade promissory note is better than an oral agreement, but it's not as good as a lawyer-drafted promissory note which you could enforce against his estate.

    No way to advise about how good these promissory notes are without reviewing them, but I'm certain they don't protect the lender as much as they could. There is, after all, some value in going to law school, passing the bar, and practicing law for many years.

    Notarization just proves the signature is genuine. It doesn't make an unenforceable document enforceable.

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  • At this point, what action should I take?

    I hit a car that had a driver that had no license or insurance. He did not want to pursue any legal ramifications, however, we still exchanged whatever information we could. Now he is claiming his wife, another occupant in the vehicle is feeling p...

    Pamela’s Answer

    Have you reported this to your insurance company? If not, do as ASAP.

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  • Am I at fault for this parking lot accident, and if not, what steps can I take to fight it?

    I was involved in an accident today in which I had just parked in the parking lot of a bank and as I opened the door to get out, another driver swooped into the adjacent parking spot and hit my car door. Before opening, I made sure to check the ar...

    Pamela’s Answer

    The person opening the door of a parked car is considered to have the "last clear chance" to avoid a collision with a moving car, which always has the right of way. So you'd be at fault here.

    Report it to your insurer and see what the adjuster thinks.

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  • Do i have any rights as a patient to demand certain procedures such as MRI or XRays or am I at the mercy of the doctors decision

    Daughter is having medical conditions worsen. Doctors won't order correct imaging and procedures

    Pamela’s Answer

    You have the right to "doctor shop," and get 2nd and 3rd and even 4th opinions. But doctors control what they do and do not prescribe and what treatments they order. You have no right to demand any procedures.

    I assume you haven't got a medical degree and no experience treating patients. So even though you're your daughter's mom and have observed her conditions worsen, I fail to see how you would know what is and isn't "proper." Surely you don't think your own opinion should be substituted for those of her doctors.

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  • How to organize nonmember nonprofit Incorporation? Who Organize? Needing to vote? Who Vote?

    For nonmember Nonprofit Incorporation

    Pamela’s Answer

    To form a nonprofit corporation, first you form a C corporation. Then you apply for tax exempt status under 501(c) of the tax code, suing the sibsection applicable to what kind of nonprofit you intend to have.

    Not sure what the questions "who organize, needing to vote, who vote" mean.

    See your own business lawyer for help. It's not easy to apply for tax exempt status, and once you achieve that, you have to be careful not to jeopardize that status.

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  • Should I sign? Was i treated fairly?

    Hello. I recently bought a property in Miami. The property never appraised for what it was being sold for and I agreed to make up the difference. (49k) The listing agent never informed me that property was occupied and renter was going through ev...

    Pamela’s Answer

    Wow. You had an attorney?!? $49K? That must have been a significant percentage of the purchase price. Why did you close without reviewing the disclosure statement, and with a tenant still occupying the property? Why not wait for the unlawful detainer proceeding of the remaining tenant to finish? Was there anything relevant on the disclosure statement? That could make a huge difference.

    You should tell our attorney to do their job and make sure the contract is fully performed as written. It's presumably too late to make the seller pay the $49K shortfall, but they should handle whatever was not disclosed and any loss in value for the tenant's unauthorized occupancy. You might consider getting a new attorney and getting any fees you paid to this negligent attorney refunded.

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