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JURY DUTY - PENALTY? Note – I'm an UNLIMITED MEMBER.. :) In

JURY DUTY - PENALTY?Note – I'm an UNLIMITED MEMBER.. :)In Hernando Co8nty, FL.. I received a notice to appear for Jury Duty in august, when I will be out of state.I applied for a ‘Postponement'… and they say ‘they only contact me if they DON'T ACCEPT my request.. (makes NO Sense..as I'll be away, anyway!?!) and WON'T BE THERE TO APPEAR!..So, my Question is:What is the Penalty for Not Appearing (in the event they don't ‘grant my postponemen't?)Is it a ‘fine' (and if so..how much)?... or?

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LawTalk

Attorney at Law

Juris Doctor

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I have a business partner we purchased a car it's in s name

I have a business partner we purchased a car it's in his name dba the business name. We are now separating as partners but that car was driven by me paid for by the company. Can he pick up the car without notifying me? Do I have any leagel rights?

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Dwayne B.

Juris Doctor

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A patient sees a doctor and gets a price quote optional

A patient sees a doctor and gets a price quote for an optional medical service from the person providing the service. The patient has insurance and the provider is in-network. The patient is on a high deductible plan, hence the need for a price quote, and, as such, any monies due to the provider will be paid by the patient, not the insurance company. The patient is then billed. The bill amount matches neither the price quoted by email, nor the "patient rate" as set forth in the insurance companies standard "explanation of benefits (EOB)" form. The patient refuses to pay. The bill is sent to collections. The collections agency sues for the billed amount and refuses to settle for the EOB amount. Question 1: Is it legal for the collections agency to sue for an amount that exceeds the EOB amount? Question 2: Whether it is legal or not, can the patient countersue for damages (court fees, personal time spent on case, emotional duress, etc.)Can the patient countersue for costs incurred to defend themselves against the incorrect bill. The patient is only liable for the amount shown on the EOB form.

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Lucy, Esq.

Juris Doctor

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I went to a hearing writ of scire facias to revive

i went to a hearing for a writ of scire facias to revive judgement. i went to the court room and they sent everyone to another court room the 370. i check in with the baliff he has it on his list, checks it off then walks over to the court coordinator. he acknowledges me. i sit there for three hours until all cases were heard i assumed i was the last hearing. no they tell me my case was sent to another court room. noone told me a thing. the opposing attorney knew where to go but i was not told. needness to say, the court granted the judgement.so how to do i write a motion to reconsider or a motion to vacate to get me a new hearing.

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Richard - Bizlaw

Juris Doctor

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I'm not sure if have the right experts problem. I bought a

I'm not sure if have the right experts for my problem. I bought a used car for 7400.00 ,I put 2000.00 plus taxes and tags totaling 2355.00.I have a contract from the dealer stating I was getting financed through a bank for the balance at 9.5 % interest .I just got a letter from the bank stating that I was not approved at 9.5% because my score was too low but they could approve me for the balance for 30 months at 11.002 % monthly . I need to know what my options are. It seems to me like the contract I signed is invalid since the turned me down six days later.

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Samuel II

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How do I get the judge to confirm a special Set Hearing I

How do I get the judge to confirm a special Set HearingI filed TWO Motions in the same case over two weeks ago and faxed them to the Judicial Assistant of the Judge1- A Motion for Court Default without a hearing and2- A request for a Hearing Special Set on A Motion to Strike Sham Pleadings [which requires an evidentuary hearing]As of this date, I have not received a response- where do I proceed from here

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William B. Esq.

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Doctoral Degree

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The Defendants are not producing discovery. The judge

The Defendants are not producing discovery.The judge doesn't seem to care or be doing anything about it.What can I do when a judge does not do his job?I filed the below motion but don't expect the judge to do anything as he hasn't enforced his orders in the past.What can I do in addition to this? Can I get another judge? As a Plaintiff can I appeal a case where discovery is not provided?LAINTIFFS' MOTION TO SANCTION DEFENDANTS FOR VIOLATION OF RULE 37 FAILURE TO COOPERATE IN DISCOVERYPlaintiffs move that the Court sanction Defendants for violation of W. Va. RCP 37 due to their willful failure to cooperate in Discovery with Plaintiffs as required by W.Va. RCP Rule 26(b) Discovery Scope and Limits. Defendants have failed to provide discovery as listed in attached June 27, 2016 email that details unmet discovery requests and references transcripts from the April 25, 2016 hearing, see attached Exhibit 1.The Court granted Plaintiffs the right to supplement discovery requests at this April 25 hearing (pg 69 lines 7-10), and granted Plaintiffs' motion to compel discovery (pg 74 line 8). At the June 21, 216 hearing the Court Ordered Defendants to respond to plaintiffs emails by Friday (pg 45 line 5).Plaintiffs aver Defendants are in willful violation of Rule 26(b), The Court's Orders and request the Court do whatever is in it's power to make the Defendants produce this discovery before the July 28, 2016 scheduled depositions so that Plaintiffs' have an opportunity to review it and have meaningful depositions.

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Richard - Bizlaw

Juris Doctor

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You have helped several times already regarding the sell of

Good morning,You have helped several times already regarding the sell of our business and we thank you. Now we find ourselves with more questions that we hope you can help with.We want to take immediate possession back of the center due to what we believe is default under our Security Agreement with Debtor. Here is the letter we have drawn up but is this legal? Besides what is specifically written below, we deem itself insecure for the following reasons. Debtor has not shown any interest in the property and has not been onsite since closing a month ago. She has assigned this business to her spouse to take care of all obligations. We have recently learned he has over $200,000 in judgements from several things including Fedral tax liens (multiple) and business and lease related. We do not have full information on the debtor herself but know she also has several past judgements. This being the case, along with the information below is why we deem insecure. We would like to change locks immediately and take possession immediately because we are now concerned that his access of taking all payments and not using them to pay obligations, will cause immediate harm to the business and our interest in the Collateral. We are concerned that employees will also not be paid as the debtor or her assigned person has already messed up the last payroll that I had to fix and does not know (or is willing to learn) how to do it correctly. He comes only to pick up checks and does not always meet the dead lines of providing the business with it's immediate needs for the children in care to be properly cared for (necessary supplies) so we have some immediate concerns. Again, we are in MN. Thanks"This is to notify you that you are now in default of your obligations under the above written contract as a result of13.(a) Non-payment, when due, of any amount payable on any liabilities or failure to observe or perform any term hereof; Your failure to make the lease payment due July 1st, 2016 Your failure to make payment, transfer and secure a required license (Institutional Kitchen License), due on June 13, 2016; after given several verbal opportunities and assistance to cure.(b) if any covenant, warranty or representation shall prove to be untrue in any material respect;Your failure to secure proper insurance protection, failure to have it delivered and held by Secured Party, Failure to include loss payable clause in favor of the Secured Party and failure to include debtor and landlord as additional insured(i) if Secured Party deems itself insecure for any reason. Secured Party deems itself insecure in good faith and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Agreement, or the performance of or observance of the covenants in this Agreement, or the value of its collateral is materially impaired. You haveImmediate: In the event of default, Secured Party shall have the right, at it's option without demand or notice to declare all or any part of the obligations due and payable; and in addition, Secured Party may exercise, in addition to the rights and remedies granted hereby, all of the rights and remedies of a Secured Party under the Uniform Commercial Code or any other applicable law. "

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Loren

Juris Doctor

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I am a 50% owner of an llc in louisiana. My partner has

I am a 50% owner of an llc in louisiana.JA: Can you tell me what state the LLC is registered in?Customer: My partner has closed the company bank account ,withdrawn the money, and is refusing to give me any document, passwords, etc. belonging to the business.JA: Have you talked to a lawyer yet?Customer: Yes, but he is not available today.JA: What advice did they give you?Customer: My question is what would it take to get a court order to give me administrative control to settle this.JA: Anything else you think the lawyer should know?Customer: He is running the business as though I do not exist and paying me nothing.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 Corporate Lawyer about your situation and then connect you two.

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J. Warren

Attorney

Doctoral Degree

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