How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 46137
Experience:  32 years of experience practicing law and a businessman.
17027240
Type Your Business Law Question Here...
Richard is online now
A new question is answered every 9 seconds

I am a engineer who in 2008 did some work for a designer.

Customer Question

I am a engineer who in 2008 did some work for a designer. My company's name in 2008 was (LKE,LLC). My company was renamed LKE,Inc in 2009. I did file a small claims claim against the designer in 2008 when he stopped payment of the check for the work I did; without legal cause and without notice. However, I filed it under my name (John Doe) instead of LKE,LLC or LKE,Inc.
I did go to court last week and the defense attorney for the designer raised issues with my original pleadings (statement of claim?). The cancelled check was issed to LKE and the judge told me to refile or something. What did she mean? The defense attorney also raised an objection to me represting the company because it was a company, and the judge agreed and rescheduled the small claims trial. The defense attorney has since written me a letter apologizing for that objection because in FL in small claims court a company official is allowed to represent company under Rule 7.050(a)
Do I have to submit a new statement of claim? What should it say?
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard replied 3 years ago.

Good morning. I can understand your frustration. Simply refile the last claim which was under the company name. You'll be fine from there...you'll get your judgment. Once you get that judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other personal property to satisfy the debt.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 3 years ago.

I am so depressed and have spent about 300 hrs assembling emails, bank checks etc as evidence (55 pages) and trying to research the law. I did hire a local business attorney and he has charged me almost $6,000 to date (and I have paid him!) to fight about 4 motions and objections to squach, throw out, etc. My attorney dosnt want to go to court and I am forced to do this on my own. He has agreed to have one more meeting with him but has a deposition scheduled for the day of my new trial and wont be available. But I know I will probably never get to tell my story, not get my witnesses to show up again, and be screwed by the courts. So I have started the search for another attorney. I expect it will cost me about $3,000 to have an attorney show up. The value of the case is 3,300 to 5,000. What are the courts good for? What id small claims good for?

 

I would have been better off mentally and financially to have beaten this guy 3 years ago and spent 6 months in jail. At least it would be over now and I would be out of jail.

Expert:  Richard replied 3 years ago.
I do understand your frustration. I can't disagree that although we are supposed to have the best judicial system....it doesn't in fact work very well....and it often seems like the politicians, judges and police are at best borderline criminals themselves. It can indeed make you so frustrated that you wish The Equalizer truly existed. I'm sorry!
Customer: replied 3 years ago.
Since this involves check fraud 832.941 Stopping payment with intent to defraud ... (ie: he took the work, used the work, then stopped payment on check) am I entitled to recover attorney fees? Note this was done via a verbal contract?
Expert:  Richard replied 3 years ago.
Yes, you will be awarded legal fees.
Customer: replied 3 years ago.
832.041 states 'intent to commit fraud". How do I prove intent?
Expert:  Richard replied 3 years ago.
The insufficient check goes a long way toward that....showing that he intentionally wrote a check that he knew was no good...thus knowing he wasn't going to being paying you with the check he submitted.
Customer: replied 3 years ago.
With what I have seen I will need to provide Supreme Court cases to show the Judge. Where can I find the correct cases to quote for this point and other points fo law that will be required to get an honest review by this Judge?
Expert:  Richard replied 3 years ago.
I've done my best to give you direction. But, fully researching all the support for your case is really beyond the scope of JA. As a result, I'm going to opt out at this point. Hopefully another expert will be willing to provide this research for you; but I do want to caution you that it is beyond the scope of JA and most experts may not be willing to do so. Take care.
Customer: replied 3 years ago.
Thankyou. I understand and did not expect you to do that research....however can you tell me if there is a way (perhapse a site online) that I can look up these cases?? Thanks -
Expert:  Richard replied 3 years ago.
You're welcome. You might try versuslaw.com or LexisNexis or West Law.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions