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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110473
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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All well and good, but I live at least 500+ miles away and

Customer Question

All well and good, but I live at least 500+ miles away and have a definite schedule. I have a good amount of proof and would gladly file suit. Do you know if it is possible to have a court date arranged at a time that I can be there? Or (if I hire a lawyer) can he/she handle the case for me? Also, can there be any king of punitive damages (1.e.: compensation for their refusal to address the problem? ) I have plenty of proof that the company is in error. Also, the landlord put the account in his name as of the first of the year and has not paid a dime. I have had to pay it ALL (even though the building has two sections and his son: who has since moved away) occupied the other half (and paid FAR less than half and only once...) I had no choice but to pay or I would be put of business. It is simply madness for them to charge late fees when they have my credit card on file! (and my card has NO limit!)
JA: Employment law can be complex. But don't worry -- you're in good hands. The attorneys have a lot of experience with this, and it would be my pleasure to match you with the best fit. Have you talked to a lawyer yet?
Customer: Frankly I do not reside in that county and the few times I contacted a local attorney I quickly discovered that my landlord and his wide seem to have used the services if just about every attorney in town!
JA: Anything else you think the lawyer should know?
Customer: Yes, the wife (my employee) has use my credit card WITHOUT my permission on several occasions (some very resent). I have told her I will take it out of her pay. She STILL wants money, does not report to work on time or to me. She also prints shipping labels (Click N Ship) so both my customer and I think the packages are shipped. Eventually they get shipped, but days or weeks later. That I can verify with no trouble at all...
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  AttyHeather replied 4 months ago.

HI, I'm Heather, an attorney with 15 years experience. I'd like to assist you for informational purposes, but in reading what you have provided here, I'm not certain I understand the situation or your question. Could you perhaps clarify what it is that you are asking?

Customer: replied 4 months ago.
Can we talk in person on Tuesday? I am back on the road in the morning and will be away from any communications until then...
Expert:  AttyHeather replied 4 months ago.

I'm happy to do the phone call, but I wanted to make sure that before we do that, that I am the right expert for you. It is hard to know without having a better understanding of what your question is. I will most likely be able to assist you, but I can't be sure without knowing the issue.

Customer: replied 4 months ago.
As I stated above I will be away until Tuesday (no phone service. I will be at a competition where I make my money) I will gladly EMAIL (I just need an email address) you documents and a story TODAY so you can look them over. I just need an email address. Also, IF I hire you, just WHO will represent me in court? (and again I ask if this can be handled without my presence (as I have stated early I have a definite schedule on the road.)
Since this is such a BLATANT disregard of my rights and funds were withdrawn from my account(s) WITHOUT prior permission (which I can prove: involves my employee who has my CC info (but given permission to use them ONLY for my business.) She has use my credit card(s) for personal items without permission, receipts or explanation. I may add she has a record and has served jail time (which was NOT disclosed when I first hire her.) She has served time while employed by me (and prior to my hiring her). A substitute was arranged, but she does NOT want to be a sub again. I also have put ads in the local newspaper for a replacement but got ZERO response. Her husband also physically assaulted me once: yes I took him to court, but he was only given a fine and ordered to stay 1000 feet away (no explaining to the Judge that he lives 300 feet away!, but I was going back on the road right after court.)
I know I need to just pack up and leave, but this is not easy. Not just the cost, but FINDING a location has been almost impossible. I presently have a pending real estate purchase (private home and I can add a building for my shop: FAR AWAY) but this will take months. I also would not put it past the employee (and her husband) to steel or hide my possessions. I already know (I think) how to deal with the actual move: contact the police and have proof of ownership of the contents of the building and have them send an office to monitor the move. The move itself will not be cheap or fast, I expect resistance, lies and actual hiding of some of the contents of the building. I have long since resorted to keeping many invoices on my computer (I assume they could be accepted, but I have found from past experience the police are limited in what they can do.) And, some of my equipment is "pre-computer era and these receipts may or may not be available. (I have been in business since 1980.) Lastly, sales have decreased significantly: (employees NOT shipping on time: frankly: printing shipping labels and not shipping the items for days or weeks!) which I can show with my Quickbooks, stored invoices (in my file cabinet if not disposed of), computer records (I have a lot of online orders) and many years bank statements. This will cost me greatly...and at a time when I MUST get off the road (now 7 yeas old) and get the property I need to continue the business from my own home.. The landlord does own property so they could be attached or ordered to be sold (even in part) to compensate me should I prevail.We may have to wait until Tuesday to have more discussion, and yes I am willing to talk via telephone, but I MUCH prefer email: no misunderstandings later....
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor has opted out.
I would be more than happy to discuss this issue with you, but in previous questions you have neglected to leave positive feedback, which means the expert who spent time with you never received credit for time spent with you. You do understand that the experts on this site are not employees of the site (many customers do not know this so please take no offense at me informing you) and as such get no credit for spending time with customers unless the customer leaves positive feedback for the expert.
We are forbidden by state law from representing anyone from this site, please read our terms of service, we can provide you information but legally cannot represent you.
If you have been paying by credit card and the agreement was they were supposed to charge the money to your card, then they cannot seek to evict you for their failure to do so. This would be likely an unfair and deceptive business practice by the landlord and that could indeed entitle you to punitive damages.
While we cannot legally represent you in court, YOU DO NOT HAVE TO PERSONALLY APPEAR IN COURT, if you hire a local attorney in the area where the business is located to represent you and they can file suit. If they prove the unfair and deceptive business practices, you can also seek to recover attorney's fees as well.