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J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2998
Experience:  21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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2 1/2 years ago i bought out a small design/printing ...

Customer Question

2 1/2 years ago i bought out a small design/printing company for 60,000 to be paid in monthly installments. the company left 4,300.00 owed to financing company and xerox (services the machine). i was unable to pay that amount (and was unaware of the debt) therefore unable to get service (printing machine was inoperable). finally had paid money to have technicians look at machine (was causing hardship sitting unable to use). Xerox could never get machine running (sent 4 different technicians) and after finally flying in the Regional "ultimate" Technician as final option. Xerox told me the machines were not built to use the weight of paper i was using and there''s nothing they could do because the work i was trying to do falls out of "the specs. of the machine". Half the reason for buying the other company out was being able to incorporate the Xerox into workflow. I never was able to use the Xerox which led to many internal problems dealing with getting work out to clients. He sent me letter asking for all the money i owe him or he's going to sue me.
Submitted: 6 years ago.
Category: Legal
Expert:  J D Haas replied 6 years ago.
Some options: 1) Contact a Florida contract trial lawyer. You can find them using an internet search: "Florida contract lawyer/attorney". You will want one who has experience in trial law as this could be a litigated case or a case that needs a judge's or juries' decision. 2) Get all of the contracts between you and the seller and between you and Xerox. The contract will in large part determine your rights. Much will depend upon the contract that you had with the seller (what was said about the Xerox machine, how important was that machine to the contract, what would happen under the contract in a default?). The contract is important in determining your rights, if this was a mutual mistake, then you might be able to escape some liability, if the Xerox machine was not an important part of the contract, then that is an additional problem. 3) See if you can negotiate an adequate resolution with seller and Xerox. If you can, then you will save yourself attorney fees. 4) Determine if the contracts have an ADR or an arbitration clause. This means that if there is a contract dispute, that you have to follow a certain procedure--arbitration hearing or mediation hearing in order to settle the dispute. Some contracts will not allow you to sue the other side, they require an arbitration hearing between the parties. Best wishes.

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Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

Customer: replied 6 years ago.
I just want to compare 1 more answer since this is my first time using. thank you
Expert:  J D Haas replied 6 years ago.
Please accept my answer and re-post your question for another expert. Justanswer.com does not allow you to get 3 answers from 3 different experts and then have you pay the answer that you like the best. No other expert will answer this question because I have already answered it. It is common for people to pay for an answer and re-post it and get a second opinion. That is the procedure that I suggest that you follow. Thank you.

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