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Recent Counterclaim questions

If a contract is signed under duress, is the contract

If a contract is signed under duress, is the contract binding in Utah?JA: Has anything been filed or reported?Customer: yes, I have just received a summons for small claims court on a contract that i signed under duress- the apartment we were renting had a fire- caused by another resident- and we were forced to leave and have all of our things take out and cleaned by a specified company. I owe the cleaning company money but they have all of our belongings.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: UtahJA: Anything else you want the lawyer to know before I connect you?Customer: No

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I mistakenly sent an answer to a counterclaim without

I mistakenly sent an answer to a counterclaim without beginning the answer with the background and what the defendant claimed, I just went right into denying or admitting the allegation and then affirmative defenses. Can I just follow up with an addendum or a re-do of the whole thing without approval? The answer is due today and I just sent the original one yesterday. Or, do you think just the answers without the background will be enough?

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Ray

Lawyer

Doctoral Degree

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In responding to a counterclaim that was part of an answer

In responding to a counterclaim that was part of an answer to an amended complaint, is a motion to dismiss the counterclaim allowed or just an answer? If a motion to dismiss is allowed, and filed within the 21 days allowed to respond, and the motion is denied, how much time do I have to answer?

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I am a freelance web programmer. I was going to make a site

I am a freelance web programmer. I was going to make a site for a company and they paid me for part of the site. Then a couple months later decided they wanted to go in a different direction and demanded I pay them back in full even though I had already began working on the website. Now they have threatened to file a suit against me. I guess my question is, do I owe them the money or not?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: KansasJA: Has anything been filed or reported?Customer: What do you mean by reported? As far as filed, nothing.JA: Anything else you want the lawyer to know before I connect you?Customer: Nope

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I ma a defendant in a colorado district court complaint.

I ma a defendant in a colorado district court complaint.JA: Since laws vary from place to place, what state is this in?Customer: Colorado. I filed counterclaims and cross claims. The plaintiff in the Colorado fed court filed bankruptcy after my counterclaims were filed.JA: Has anything been filed or reported?Customer: How do I obtain relief from stay to file a motion to remand back to colorado fed court under 362JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Legal Eagle

Attorney

Doctoral Degree

2,540 satisfied customers
In NH. A neighbor #1 has decided to claim that his

In NH. A neighbor #1 has decided to claim that his neighbor's #2 driveway is on his property, and has put a large pallet on it's side, screwed it into the driveway, and placed a "not trespassing" sign on it. This driveway has been in place, used and maintained for over 20 years. #1 are bully type people, so #2 is being cautious before making a stand. Finally, #2 removed the pallet, and #1 would go back and screw it down again. Because #1 is frustrated, they filed an injunction against nice neighbors #2. #1 has NO legal proof, as there is no legal survey done. They are basing their claim of a Tax map, that clearly states it is not for legal use. Can't #2 file a 635:2 until this court hearing in May is heard? Shouldn't #2 counter and take advantage of this court hearing?JA: Can you tell me what state this is in? And how long has this been going on?Customer: NH New Hampshire. Aggressively last 3 weeks.JA: Has anything been filed or reported?Customer: Neighbor #2 called local police to witness the obstruction. They can't do anything because it is a "civil" matter. #2 informed them the 2nd and 3rd time they put this pallet back. Neighbor #1 just filed and injunction, which is not to be heard until May 5th (I believe). I just think until then, #1 should remove the pallet until it is heard. and meanwhile #2 have order in place RSA 635:2 #1 are bully type people, #2 sweet people in their early 70's who want to move.JA: Anything else you want the lawyer to know before I connect you?Customer: We live in an Association, where they never did legal surveys, only used the tax map outline. Shouldn't the burden of proof be on #1, and what other suggestion can be made to make sure #1 stay off the driveway and place an obstruction. Why can't local police step in???

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Lucy, Esq.

Juris Doctor

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My old apartment is suing for pet damages. We paid pet rent

My old apartment is suing for pet damages . We paid pet rent for nearly the whole 3 years we lived there. Shouldn't that be used to offset the amount of damages. I am in Ohio.

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1,488 satisfied customers
I need help in answering a complaint; implied contract

I need help in answering a complaint; implied contract summons in circuit court of state of Oregon for the county of Lane

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1,488 satisfied customers
I am a truck driver doing a lease purchase on a truck. But

ma'am. I am a truck driver doing a lease purchase on a truck. But the truck is not in my name. The contract I have does not state I can't go to another company as long as the payment is made thru the truck line I provide service to. Where do I stand as for as being able to move. The truckJA: What state is this in? And how old is the truck?Customer: The truck is a 2004 and in texasJA: Has anything been filed or reported?Customer: What do you meanJA: What confuses you?Customer: The guy says since the truck is in his name he has to sign off to allow me to go work for another company and for the company I want to move to he is saying he will not sign off on itJA: Anything else you want the lawyer to know before I connect you?Customer: This is my concern

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Legal Eagle

Attorney

Doctoral Degree

2,540 satisfied customers
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