I have a small claims case of $3975 and a contract (signed 10/2012) stating 8% interest will be charged if the plantiff defaults on his payments. Plantiff never made any payments towards loan. Can I charge 8% of 3975 per year that he has defaulted?
Unless stated otherwise, a contract requiring the payment of interest is simple interest. You can calculate it by determining days in default / 365 x 8% x principal.
As mentioned, it will be up to the court to determine whether to grant your claim.See question
My husband bought a 2006 Kia Sendona, and it was financed thru gmfinancial. I had not missed only 1 payment in over 2 yrs. Then, we had alot of things happen all at once, my brother passed away, our account got scammed 4 times and all our money in...
I'm hearing a lot of difficulties, but nothing in what you're asking that would make me think you have an easier recourse than paying the deficiency or abandoning the vehicle and purchasing something that you can afford. GM Financial is not responsible for any of the difficulties you're experiencing and are not required to let you keep your car while you sort it out. You may want to consult with your own attorney, who might be able to negotiate a plan, but I'm skeptical that you'll have any legal claims worth raising or will ultimately save much money going this route. Good luck,See question
Landlord tennant eviction of foreclosure. Eviction filed; granted Appeal filed; dismissed Writ; denied Eviction #2 filed; granted (tues 11/12) Writ posted this am (11/13) with move out by 11:59 TONITE. Is this legal? Can I file a stay? App...
That doesn't seem correct. Double check the notice's date. If it is today, perhaps the clerk made a mistake in filling out the notice of restitution. You might want to talk to the clerk or your landlord about this and see what they say or can do. If you can't get any help there, you probably need to contact your own attorney to get this set aside or appealed.See question
my sister is trying to talk my mom into putting the estate in to her name solely. If it is solely my sister name, and anything was to happen to her, she wants it to go it to her husband . I am very concerned
Neither you nor your sister get to decide what's in your mother's will. It sounds like something you need to discuss with you mother and that she should discuss with her attorney. Unless you think that your mother is being defrauded or manipulated by your sister, in which case you should talk with your own attorney.See question
This is what she sent me- Hi Jessica....My name is Julie and I am currently the owner of Mountain Mama Fitness LLC, I noticed you are using the same name as my company and I am just contacting you to let you know that I am in the process of co...
Without knowing your goals or plans for the business or your current or former use or registration of the name, I'm not sure how you should respond either, other than to set up an appointment to talk to your own attorney about these details before you agree to anything with Julie. Good luck,See question
If the plainif is asking for $749 can the defendent request a jury trail or have it moved to General or Civic Court?
Generally no, but if the claim or defense includes a right to attorney fees, then I guess I would say "maybe." ORS 46.405 (5). You might want to call the clerk or talk with your own attorney.See question
The defendent filed for a jury trial,where do I get a Formal Complaint forum and how do I fill it out? I only have 6 days left to file or I lose the case
There's no real thing in Oregon. Stevens Ness has some blank pleading paper that you can use to put your complaint on. http://www.stevensness.com/store/detail.cfm?fID=189 But as for the text, you'd need to either draft it yourself or consult with your own attorney.See question
I filed in small claims court,$10000 against my landlord. She responded wanting a jury trial. What am I to do? Will it go to civil court or stay in small claims? How do I file a complaint forum?
You need to file a civil complaint in circuit court. There's not a form for a civil complaint and you should really talk to your own attorney before proceeding further. If you're the prevailing party in a landlord/tenant matter, you can seek your attorney fees. If your landlord prevails, she might seek hers. So it's best to know your rights, risks, and strategy early.
Good luck,See question
I am a friend of a homeowner who handed over her properties to senior protective services to manage after she was placed in third care and one of her tenants has been paying his rent but hasn't occupied the place for a year recently he came back g...
Maybe. Has the homeowner tried calling them and asking them to investigate this as a trespassing claim yet? If law enforcement declines to get involved then the homeowner or whoever's managing the property might have to get an attorney involved to start the eviction process.
Good luck,See question
I'm not sure why I have this legal order I was not summoned to court or anything so I'm not really sure what's going on.
I'm not sure what's going on either. You probably need to either provide more details, talk to the bank, or talk to your own attorney. Good luck.See question