I need to file a small claims suit against a company in
I need to file a small claims suit against a company in Houston, Harris County, Texax. My business is in Orlando, FL. Suit amount is $1500 plus attorneys fees. An online company surplus sales intermediary has received our money for a purchase and has not released the items we purchased. The company name is***** their on-line reviews, this is not the only time this has happened. How do I go about having the suit filed?
Very short background is I've submitted a motion for summary
Very short background is I've submitted a motion for summary judgment (as defendant in breach of contract case) and I've received an objection.My understanding of summary judgment is the judge will rule on only files recorded with the case, the motion, objection, and any testimony or arguments at the hearing.If the only evidence that the non moving party (Plaintiff) presents is a sworn statement by the plaintiff, shouldn't the judge decide in favor of the moving party? I say this because the affidavit should be considered hearsay and the non moving party provided no evidence to backup their claims.
I have a legal question in regards to a debt, Florida, Not
HelloJA: Hello. How can we be of help?Customer: I have a legal question in regards ***** ***** debtJA: What state are you in? It matters because laws vary by location.Customer: FloridaJA: Has anything been filed or reported?Customer: Not yet...JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, what happened is that I was a partner on a LLC in New Mexico, at that time I contracted the services of a company called Incorp to serve as Registered Agents, but later I have sold my shares (around 4 yrs ago), but they are still billing me besides I've not longet anything to do with the Company, but they are trying to held me liable for all the fees incurred all these years since they say that I've had to cancel before leaving the company, or have made the switch under a new responsible party.JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: But I don't think this is legal, since this is a Business debt, and since I've sold my shares and I don't have anything to do since then with the business, and if nobody sent in a payment to them anymore, they have to dropped from being a RA and not continuing with a service that is not longer being paid.
Law Educator ONLY (This is the regular) This is the question
Law Educator ONLY(This is the regular)This is the question I brought down because of some questions I have about it.About the USDC, *1) I am filling about the original case which was in the first appeal and petition for certification to the Connecticut Supreme Court denied. this week will be two years since the petition was denied. (2) The issue is that my Counterclaim was not heard by the fact Finder because he stated that he was not sure of it's validity because I filed it myself before I hired an attorney. He promised my attorney he will let him know the validity but refused to do so. My attorney tried to know the vality before filling closing brief and he asked for extention of time to file the closing brief as he waited for the validity of my counterclaim. The extention of time was denied after the date to file the brief. Fact finder then gave judgment to the plaintiff on the Counterclaim that was not heard not argued in court and not briefed. I and my attorney only knew that my Counterclaim was valid when we saw that judgment was given to plaintiff on the Counterclaim. Plaintiff did not even plead "not guilty" to the Counterclaim. When I objected to Fact Finder's judgment, the Superior Court stated it was not a proper proccedure that the Fact Finder did not give the validity of the Counterclaim as promised, It stated that the Counterclaim was Considered by the fact finder in the judgment. (A) Appellate court stated in the decision that they believe that fact finder considered the Counterclaim.. (1)Appellate Court did not base it's Decision on the counterclaim that was on appeal. (2) My Countercaim on appeal Has Fraud as a Count.(3) It is Either that the Fact Finder abuse his discretion for not givimg the validity of the Countercaim or for not giving judgment on it (4) if the Court says he considered it, apart from not giving judgment on the fraud Count, just considering pleadings without letting me fulling argue it and present withneses and evidences violates my right to due process as the connecticut law says (a) every one that comes to court will be fully heard (b) Practice book says Counterclaim is a complaint defendant could have filed if plaintiff did not file one yet (c) That Counterclaim should be treated the way as plaintiff's complaint. But my Counterclaim till today was not heard and appellate did not consider it. I think this is a violation of my right to due process as the federal law states that the state should follow it's law..The second issue is that all the appellate facts they based their decision on are imcorrect facts that are contrary to evidences and testimonies in Court. Even though I proved that these were incorrect and the plaintiff did not dispute them, the appellate still believed those incorrects facts that the transcript proved were not truth. this is against the state constitution to give a false judgment. If it is against the rules and laws and it was done in my case, it violates my right to due process.My questions are Should I include the Fact Finder, The Superior Court Judge, the appellate justices and the Supreme court Justices that decline the petition for certification? Which of them should I add as defendants and which should I remove?.
Is it the law of Wisconsin Limited Liability Companies
Is it the law of Wisconsin Limited Liability Companies contractual agreements with consumers to conduct business must contain the registered name of the LLC, the address of the LLC, the person signing the contract on behalf of the LLC title in order for an LLC to sue on the contract?
A company has made an offer to buy my company. They need to
A company has made an offer to buy my company. They need to own 100% shares up front but are going to pay 50% of the agreed amount up front and balance 50% over one year. Is this an advisable arrangement.. Giving up 100% shares and leaving 50% of the payment till later.If yes, what clauses should I include to protect myself.
Can an S Corp. own and/or manage subsidiaries of different
Can an S Corp. own and/or manage subsidiaries of different industries such as physicians, tourism and diving instruction, nonprofit, assest housing [vehicle/diving gear/photography-video equipment/all for support of the parent or other subsidiaries ownership/maintenance and/or Leasing back to the other organizations owened by the parent], marketing [again having financial interactions are contracts to support the parent subsidiary organizations], marketing, and payroll?JA: Can you tell me where the nonprofit is registered?Customer: HawaiiJA: Has anything been officially filed? If so, what?Customer: Not yet, I'm trying to figure out the flowchart for all the different companies that I have and how I can structure it so it's more manageable for myself. The nonprofit would be for psychiatric service dogs and I've arty talk to the Hawaii department of nonprofit organization's and they think that it's a needed service that will fill a void that currently exists. All I have right now is an S Corp. which I've designated for tourism, but after reading stuff I might want to designated as a holding company and create LLCs underneath it for each business that I do like jeep tours, dive physicals and general medicine, nonprofit, and so on. All I have right now is an S Corp. which I've designated for tourism, but after reading stuff I might want to designated as a holding company and create LLCs underneath it for each business that I do like jeep tours, dive physicals and general medicine, nonprofit, and so on.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, how do I move personal loans, vehicle loans from institutions will not change the loan to the company so that I can have the company responsible for these and not me personally?
I have a contract with a established Texas roofer which I
I have a contract with a established Texas roofer which I contacted and asked for a proposal/contract which I signed. I gave him a copy of the insurance estimate which the insurance recommends. Now he tells me that his estimate in November used the same pricing as the insurance estimate in May and the cost will go up when he puts in current pricing. Why didn't he give me current pricing in November? Also he does not plan on doing everything that the insurance estimate listed. The Insurance Estimate is tied to the Roofing Contract/Proposal. Is this legal? I would like to get out of this contract because I don't think I am getting deal. As a consumer I have no real idea of my cost for his service. There are also no dates indicating when service will be preformed or how long the contract is good for. I have a leak now and from what I see he could wait until the end of time to preform the work. Is this contract and his business practices legal?
Can my practice analysis uncover theft or embezzlement? I am
Can my practice analysis uncover theft or embezzlement? I am planning to sell my practice soon.JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?Customer: PA and noJA: Anything else you want the lawyer to know before I connect you?Customer: No