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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4872
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I have a few questions that I need answered. I am willing

Resolved Question:

I have a few questions that I need answered. I am willing to leave a $50 bonus to any lawyer who is willing to spend a few minutes with me in chat answering all of my questions. I do require them to tell me the actual laws and any relevant cases about my questions. The questions are related to filing a lawsuit a personal injury, negligence and breech of contract case. Thank you

Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
spend a few minutes with me... --. I do require them to tell me the actual laws and any relevant cases about my questions.

This would be many, many hours of work and would over step the line of practicing law in your state. I can provide general information about the areas of law you have mentioned, which can point you in the right direction, but not legal opinions supported by authority. If this satisfies your requirement, fire away, and I look forward to working with you.

Customer: replied 1 year ago.

when you say point me in the right direct what does that include?

Expert:  Irwin Law replied 1 year ago.
I can evaluate your fact situation and tell you what legal issues arise from those facts, and how courts generally view those issues. Also, I can discuss the legal procedures that are generally available.
Customer: replied 1 year ago.

Great thanks.


 


Is there a letter or form that you can send someone if you will be suing them but you are not ready to sue them right now.


 


When you are told " The complaint fails to state a claim upon which relief can be granted?" What are they asking for. I have asked for monetary compensation in the original complaint.


 


What is meant by "This action is barred by the doctrine of waiver?"


 


What is meant by "This action is barred by laches"


 


Is there any way to have the government NOT have governmental immunity? ( defendant possesses governmental immunity, public official immunity and/or qualified immunity)


 


Can a tenant sue a landlord for breech of lease? (Breach of lease actions are solely the remedy of a landlord not a tenant.

Expert:  Irwin Law replied 1 year ago.

Hello again. I apologize for the delay. I've been away from the computer most of the day. Thanks for the succinct submission of your questions and the organization so they can be answered individually. It helps. Please keep in mind that without an actual fact situation to juxtapose the question to these answers are very general. Also, I won't go into extreme detail on these questions because I don't know what you already know and do not wish to waste time reinventing the wheel.

 

Is there a letter or form that you can send someone if you will be suing them but you are not ready to sue them right now.

Lawsuits may be filed with or without prior demand letters being sent. There is no rule on that unless a statute requires prior notice such as in cases of foreclosure and some debt collection actions. There is no standard form. You must draft the letter to fit your particular facts.

When you are told " The complaint fails to state a claim upon which relief can be granted?" What are they asking for. I have asked for monetary compensation in the original complaint.

 

They are saying that your complaint for damages has not stated sufficient facts that give you a legal right to require the person who you sued to compensate you for such damages. Rule 2-322 Maryland Rules of Civil Procedure

What is meant by "This action is barred by the doctrine of waiver?"

 

Certain defenses to law suits can be waived if they are not pleaded. See MD Rules of Procedure A Waiver generally doesn't bar the action, but it might provide a defense Claims to damages can be waived by certain actions by the claimant, but those would usually be raised in an Answer to the Complaint and must be proved.. For instance, the contract says rent is due on the first, but it has been paid consistently on the 10th and accepted by the Landlord. Landlord may have waived a prompt payment provision in the lease. RULES 2-322,323,324


What is meant by "This action is barred by laches"

 

 

Laches simply means that at one time you may have had a legal claim or right but you did not pursue when you could have and so much time has passed and situations have changed so that it would be unfair to permit you to pursue it now. It is an equitable doctrine and is very fact specific.

 


Is there any way to have the government NOT have governmental immunity? ( defendant possesses governmental immunity, public official immunity and/or qualified immunity)

 

Unless the government give up SI by statute, it is an absolute defense against suits arising from the performance of governmental functions.

 

Can a tenant sue a landlord for breech of lease? (Breach of lease actions are solely the remedy of a landlord not a tenant.

 

Leases are contracts that bind both parties and either one can sue the other for a breach.

 

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4872
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

breech of lease- Thank you



governmental immunity- Thank you


 


Laches- does this fall under the statute of limitations or is this separate? What is the general time frame that they consider to much time has passed?


 


doctrine of waiver- FYI, I find this one very funny. They are telling me basically that they have consistently made repairs to my property in the past when they wanted to even if it took them 6 months to do so, so now I must accept it. I love my landlord..lol



The complaint fails to state a claim upon which relief can be granted- Even tough I asked for a set amount of money this is not enough? What should I do to change that?



Demand letter - Thank you




 

Expert:  Irwin Law replied 1 year ago.

Statutes of limitations are time specific and exact. Laches is an equitable defense based on the facts of an individual case. Time lapse is non-specific. You could have laches in a matter of hours or years. It hinges on the facts of that particular case and no others. Generally speaking, you can't sit on your legal rights while circumstances change, making it unjust or unfair to assert them at such a late date.

Did the court dismiss for failure to state a claim? Did you state any facts upon which you base your dollar amount? The specific amount is not the test. It is the facts that are stated, and you don't need much detail at all. "The Defendant backed his car into mine on a parking lot.and it was his fault. Damages $750.00." "The Defendant dry cleaner lost my sweater. It was worth $65.00." That's pretty much all you'd need to get by a motion to dismiss. The rest is done in discovery.

Waiver doesn't mean that you've accepted a continuing failure to perform under a contract. You can send a letter putting the other party on notice that the terms of the contract are to be kept and that future breaches will result in legal action being taken.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4872
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I have not forgotten your bonus. I have been trying to add it but I get an error message. I have contact customer service by phone to try to add it. i was told that they got the same error that I got. They said they are working to correct it. He also said that once it is corrected he will add the bonus. I will keep checking to make sure that it is done. I am so sorry for this trouble.


 


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Expert:  Irwin Law replied 1 year ago.

Thanks for your efforts. I'll be on line infrequently until next Wed. but I'll keep an eye open.

Customer: replied 1 year ago.

Hi,


Can you please tell me if you have received your bonus or not? I don't mean to bother you I just want to pay this because I gave you my word that I would.


Thanks

Expert:  Irwin Law replied 1 year ago.
Thanks for the reminder. I haven't received it yet and I will contact our customer service to see what the problem is.
Irwin L.
Expert:  Irwin Law replied 1 year ago.
Hi Aliyah. Customer service says that they don't see where you entered any dollar amount for a bonus, so you might try it again. I'll know very quickly if it goes through, and I'll confirm receipt to you. I'm never in the customer side of the site, so I can't tell you how that actually works.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4872
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 5 other Legal Specialists are ready to help you

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