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Recent Arbitration questions

I financed a used vehicle about 6 months ago and I have a

Hello,I financed a used vehicle about 6 months ago and I have a arbitration hearing coming up in a week. I documented everything from the time I drove the car off the lot. The issue that I have is the tire pressure sensor which is a safety issue and the car shakes a little when I drive. The dealer has had 3 attempts with no success on fixing this issue. By the end of the third attempt me and him verbally agreed for his garage to attempt to fix the vehicle for the 4th time. About a week and a half later the tire pressure sensor came back on. I called him three times and threatened to go forward with arbitration and he never returned my calls. So I went ahead and filed for a hearing which is in a week. Is there anything that I am missing? I did not send a written demand letter before I requested the hearing, which I figured the three phone calls were enough and he also understood if he does not fix my vehicle by the 4th time then he will replace the car...but i also understand it is my word against his. Please advise...thank you

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Kim Courtney

Principal Attorney

Master's Degree

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I made a friend and started working. He's been petty and

I made a friend and started working for him. He's been petty and vindictive, but not to me, I've always been on his good side. 1 year later, he owes me $3,000 in sales commissions and has become extremely unpleasant whenever I try to figure out when I can expect to be paid. I have since quit to both avoid stress and put my efforts towards my own projects and goals rather than work 6 days a week 10-12 hours a day for money he'll "eventually pay."There is a chance he'll pay me, but in the likely event that he refuses, what are my options. I was thinking of looking into court TV, I just really need/want that $3000 i worked so hard for.

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John

Attorney

Doctoral Degree

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I have some questions regarding employment laws in Arizona.

I have some questions regarding employment laws in Arizona. I work for a call center and have been with them for almost 5 years. Recently they merged with another company and now we are being forced to sign a arbitration agreement or else we'll be fired. When co-workers and I raised concerns to our supervisor, she outright lied by telling us, "It just means you have to go to arbitration first and then you can sue in court". Is this totally legal? One co-worker mentioned signing it and if a situation were to arise where you would need to sue the company, you would claim you were forced to sign it under duress. Would that work? The agreement does state that you weren't under duress when signing. What should I do?There was a separate situation where my supervisor directed me and others to perform a work function after clocking out. Is it very very minor and quick, however it is still working off the clock. When I voiced my concern about "working off the clock", my supervisor threatened to go back and deduct any paid minutes of break time that were over the allotted amount. Is that legal?Also, can overtime be mandatory?Thank you for your help.

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Asad Rahman

Attorney

J.D.

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NYC CLIENT/ATTORNEY FEE DISPUTE 137.2 – 1) If, a client

NYC CLIENT/ATTORNEY FEE DISPUTE137.2 –1) If, a client received and signed a retainer that discussed fee arbitration…. Is it still the responsibility of the attorney to send the client a letter by certified mail/contact the client….prior to a complaint being filed in civil court?2) The attorney issues the complaint in civil court more than 2 years after fee dispute?2 years after the client/attorney relationship has ended?I sent an email to :The program administrator -Joint Committee on Fee Disputes & ConciliationNew York County Lawyers' AssocI received a response :Please note that we recommend you consult with an attorney to discuss your options if two years have passed. You may be able to seek remedy in a court of competent jurisdiction.I don't understand what that means. And, the bar association legal referral did not have the names of any attorneys to contact.thank you.

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Ely

Counselor at Law

Juris Doctor

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Can a parent transfer their 50% interest of community

Can a parent transfer their 50% interest of community property to their child? This is regarding a single family residence in the state of California. Is there a law that pertains to this. I have been told that Civil Code 683.2 would reflect this to be true. But my lawyer is unsure that is correct.

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Ray

Lawyer

Doctoral Degree

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My ex and I have joint custody (50/50) our children are

My ex and I have joint custody (50/50) our children are going into 8th and 12th grades. My ex has notified me that she wants to take our kids out of school for 3 days in Oct. for a trip to Hawaii. I do not agree with them missing school for a vacation. Is there any legal ground for me to stand on here? I'm planning on enacting an arbitrator to solve this but will let the argument go if I have NO legal basis for the argument (I'm not looking to argue for no reason).BTW I've offered to trade any time including mid-winter break for spring break to allow them to make the trip NOT during school days. Further, Our 8th grader was failing all but one of his classes in Oct. this past year and required a meeting with all teachers, councilors and parents (he ended up passing everything with a C or better YAY!) And our 12th grader has a 3.9 GPA but was failing one class last october I went in for a meeting with that one teacher and she was able to pull her final grade up to a B. Also, Oct. is her busiest time of year (Cheer, work, AP classes, and college applications coming due).

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Chris T., JD

Lawyer

Doctoral Degree

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I am a resident of DC. I have had an intake appointment

I am a resident of Washington DC. I have had an intake appointment for legal assistance. They are currently on vacation for the next three weeks. I asked them what should I do if the company should call me in the mean time. The intake evaluater said that it was extremely unlikely that they would callback. Well, now they are calling constantly, I don't know if I should ignore their calls or take them (and what should I say if I should take the call?)Please adviseI bought an Easy Rest Bed; my problem is with the salesman. I originally wanted to put down $1300 and have a 2-year contract. He said it was easier for us if we only put down $150 with a 48-month contract (Then we wouldn't have to struggle). I signed the contract not understanding what an article 78 loan was, until I made my 1st payment of $2500. My balance remained just short of $6000 dollars. I have a very credit score I would have been able to get much more reasonable payment optionsI called customer service and learned that 48 months of interest was placed on my balance upfront, Therefore; extremely high interest is paid first before the principle. I know that I signed the contract; however the salesman was dishonest and this can't be legal. At the very least the contract should be amended to my original requestI called the company back and explained the situation. I told them that I was willing to make another payment of $1300 to be paid directly toward the principle and switch to a 2-year contract. The supervisor said, “the salesperson is an independent contractor and you signed a contract.” I said he still works for you and he was deceptive. If he does not work for you why then why were no other financial options made available to me other than to pay the full balance upon delivery? The supervisor said they don't make changes but that they would get back to me next week just the same.The contract says that disputes are settled in arbitration governed by the laws of the state where purchased. I believe this is a predatory loan. I should have been offered a better contract or at the very least the contract should

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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For <span style="color: black; font-family: arial;

For LAW EDUCATOR -Hello Sir.My employment contract was breached, Sept 2015. I must go to arbitration, as per contract. What are the time limits for me to submit paperwork to the arbitration organization?Thank You

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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A legal issue has arisen regarding furnishings in a one

A legal issue has arisen regarding furnishings in a one month condo rental in Solana Beach CA. The condo is a two bedroom occupied by my wife and I with consent for guests. The issue surrounds the owner's removal of a reclining chair immediately before we arrived which I find to be essential to use and enjoyment of the property. I paid the $9000+ fees rental in advance. The “comfort seating” which remains in the living room consists of one loveseat and one swivel rocker to which two very basic outdoor dining chairs were added as substitute for the recliner. The rental contract does not address the issue of furnishings. My preferred solution at this point would be to prorate the rent and terminate the rental but I don't know what my rights are. An email exchange encapsulates the issues:[Me] The recliner chair was apparently removed shortly before our arrival because the imprint from the base was still fresh on the carpet when we arrived. The outside chairs brought in from the porch are not a reasonable substitute. We are down to comfort seating which is not satisfactory, especially for a $10K/month rental. Please return or replace the recliner.[Agent]I finally spoke with the owner, as he is out of the country. He stated that the chair was rusting at the base and it was starting to discolor the carpets. He decided to discarded it. He is not ready as of now to replace the item[Me] I understand discarding the piece for discoloring the carpets. I do not understand his reluctance to replace it with something equivalent. The condo which we agreed to rent included a love seat, a swivel rocker, and a swivel recliner. That arrangement was here when we rented it last July, that arrangement remained on the website when we rented for this July, and that arrangement remained on the website as of this morning when I downloaded the images. We believe the owner has an obligation to provide what was represented when we rented the condo.We are generally inclined to ignore minor inconveniences; however this is not minor. A recliner is the only way I can use my laptop in comfort and neither the love seat or swivel rocker afford the kind of seating and leg support I need for extended use of the laptop. Nor is the seating at the dining table, even when I substitute the office chair from the MBR or the seating at the bar. This is not a satisfactory situation and it needs to be resolved.[Agent] I spoke with my Broker in regards ***** ***** recliner chair that was removed from the living room. At times the furnishings can change in the property and we do not necessarily take new photos when this occurs. The owners have the right to remove furnishings from the property without taking new marketing photos. Being that he is out of the country, he is not in the position to actively purchase a new chair.As the owner stated in his last email, he feels there are plenty of comfortable indoor/outdoor chairs available to provide reasonable comfortable seating for 6-7 adults.

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Dwayne B.

Juris Doctor

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