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  1. fredrikklaw

    Flarpl

    You auhtorized it! Well, you willingly encumbered what you perceived to be your interest (share of) in the community property in order to pay attorney’s fees attached to the divorce proceedings and the lien is very much legal. The attorney could not have recorded the lien on his own accord and...
  2. fredrikklaw

    Notice to Admit

    If Sole, Think LLC or Inc. Of course you can. The discovery window has only just opened up and it shall remain open until 30 days before actual date of trial, so you have plenty of time to conduct your own discovery. Discovery is conducted between parties without leave of court so there is...
  3. fredrikklaw

    Consumer Law, Warranties Is verbal agreement to purchase car revocable?

    Sue and be sued! Unfortunately, you will have to take this one on the chin, chalk it up to experience, and move on. First of all, an agreement cannot be revoked, but you can revoke an offer at any time prior to acceptance. That said, the seller in this instance is very much entitled to...
  4. fredrikklaw

    Shoplifting, Larceny, Robbery, Theft i need help, please help me

    It Depends! This does not make any sense at all and I think you have misunderstood the information given by your attorney completely and you should check back with him for clarification. First of all, you cannot be made to plead guilty twice for the same crime and there is no ands, ifs, or...
  5. fredrikklaw

    Third Party Liability

    Claim P & S from 3rd party only! Two possible ways you can approach this matter. First, you can forgo claiming for the same medical expenses from the “other” deriver’s insurance company as you have done from your own and just limit the claim to pain and suffering, lost wages, etc. which can...
  6. fredrikklaw

    Consumer Law, Warranties Case Study

    No Contract Here! For a contract to exists between two parties, there has to be offer and acceptance (meeting of the minds) and be supported by consideration. Offer is a one person’s (offeror) clear and unequivocal indication of Present contractual intent which should be communicated to the...
  7. fredrikklaw

    running away from debts

    Improper Venue! I do not mean to speak for the members on this Forum, but your question requires a response from someone with knowledge of the laws of the Philippines and we are limited here in ours to the laws of the Unites States; well, at least I am. When doing legal research, I...
  8. fredrikklaw

    Can I sue my car dealership for breach of contract?

    Bait and Switch! Despite my very low and detestable opinion of majority of car dealerships and car salesmen, I would have to say no; there was no racial malice involved here and what you went through was basically a bait-and-switch con job that nearly worked. We see this kind of car ads all...
  9. fredrikklaw

    Being sued in excess of my insurance limits

    You Were Misinformed! No, the information you have received is incorrect! You most certainly CAN include all personal injury lawsuits in your Chapter 7 Bankruptcy petition which can potentially exempt you from judgments against your assets or estate. When you commence bankruptcy...
  10. fredrikklaw

    Texas small claims

    Joinder Of course you can; it is called “Joinder of Defendants” whose liabilities must obviously arise out of the same so-called “Transaction” and there should also be a common question of law as to both parties; they are then said to be jointly and severally liable to you for damages incurred...
  11. fredrikklaw

    Power of Attorney for person in NY with agents in NY and FL

    1 is Good in 48! Yes; the information you were given is true and correct; it is not required to have the Power of Attorney notarized in both New York and Florida. The execution of such an instrument in one state will suffice and its authority shall carry over to all 48 (lower) states in the...
  12. fredrikklaw

    My late father's estate...PLEASE HELP! CALIFORNIA LAWYERS NEEDED

    You Have To Open Probate! It is pretty obvious that your father in law died without a will, but the first thing to do, is to check with the Probate Court of the county he resided in to see if a will was ever filed and if so, then the “Executor” named in the will should be contacted and you go...
  13. fredrikklaw

    Consumer Law, Warranties Warranty of Merchantability and Fitness

    Fitness For Human Consumption!? Well, it is my pleasure and you are most welcome! EXW is one of about thirteen (13) Terms of Sale which is short for Ex Works (named place) similar to F.O.B. Shipping Point and F.O.B. Destination. Since the named place is shipping point in your case, the...
  14. fredrikklaw

    Consumer Law, Warranties Warranty of Merchantability and Fitness

    U.C.C. Not Apply! Both of these warranties are “implied” and as such are both unspoken and unwritten anywhere and to ask for them is not a normal business practice, especially of an overseas manufacturer. They are absolutely in the right for not indulging you in your request and their given...
  15. fredrikklaw

    Arraignment, Bail, Bonds, Pretrial Can they really take the Bond?

    No More Free Bananans! I am in complete agreement with Army Judge! First of all, tell Ted that he is a silly boy for leaving town while out on bail. Has he not watched any cop movies at all to know that the suspect is always told not to leave town? But no real harm is done at this stage...
  16. fredrikklaw

    Personal Bankruptcy Missed trial date and poundering request to set aside default judgement

    No Irrelevant Tangents! First off, there is a six-month window within which to file a Motion To Set Aside Judgment, and the recognized reasons are mistake, inadvertence, oversight, and excusable neglect. But the one ground the Code does not recognize is attorney mistake, so be careful on that...
  17. fredrikklaw

    where do i stand

    Little Confusing! A little clarification, please! Did your husband’s will leave everything to his ex-wife and then to his son on her passing? Is she still alive? Has the will been probated? Etc. I am very sorry for your loss. fredrikklaw
  18. fredrikklaw

    Ebay said Get a court order

    e-bay's Legal Eagle! The legal contact you are looking for is: Attorney Mathew P. Quilter Fenwick & West LLP; Silicon Valley Center, 801 California Street, Mountain View, CA 94041; (650) 988-8500 info@fenwick.com And just for added information, e-bay is a California domiciled...
  19. fredrikklaw

    Jail Law Enforcement Withholding Information From Spouse

    Call or Surf! They might do as a point of courtesy, but there is no obligation on their part; but information regarding the whereabouts of an arrestee in the jail system is a matter of public record and is readily available. You can find out where your spouse is being held by calling your...
  20. fredrikklaw

    When to file...

    Manner and Manner! What a noticeable difference in tones between your first post and this last one; you sound quite upbeat and confident and very much like you have your ducks all in a row, have crossed the Ts and dotted the Is and have your game face on. Well good for you. Some people not...
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