My mother has been in an assisted living facility for over 2
My mother has been in an assisted living facility for over 2 years; she was able to apply for Medicaid in May of 2016; she received approval in September of 2016. We have been paying her invoices until Medicaid was approved. Her medicaid approval was retroactive to May 2016. The facility has kept all of the money that we have given for each month's invoice, netting over $28,000; they are now using the bulk of the money to pay her October, November and December invoices, rendering it impossible for us to keep her bank account below the $2,000. We might lose Medicaid due to their accounting management. Do we have a recourse for this problem. All I want is to be invoiced for these last 3 months to keep her account in compliance with Medicaid.
We are having an issue with a claim we have with a shipping
Hi there, we are having an issue with a claim we have with a shipping company that damaged our product. We distribute shampoo/conditioner for pets and aobut 3 weeks ago approximately 28 gallons were damaged when the pallet fell 5 feet off the delivery truck. The shipping company wants to pick the damaged product up from us before the claim is settled or paid out. To make matters worse, they have informed us that they want to sell the product they can salvage. However, the product is now contaminated as the seals are broken and plastic bottles punctured, and the manufacturer (we are just the distributor) has advised us that we have to remove liability from us in the event the contaminated product causes a skin irritation, eye infection, etc. fyi - They have informally accepted responsibility as they say their driver was "inexperienced". If you could offer advice on this situation it would be greatly appreciated. The manufacturer is in California but we are in Manitoba, Canada.Sincerely,AshleyLynn Professional
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Fifteen months after engaging my attorney, I finally got him
Fifteen months after engaging my attorney, I finally got him to send me the bill. I asked for it three months ago. The bill seems outrageous - $33K for a FCRA credit reporting errors dispute. I'm guessing that the settlements are totaling around $40K based on convos I had with him over the summer.Ok so I am reviewing some of the charges and I noticed that he has received a settlement agreement from one defendant in September, and had settlement discussions with another just recently as November. Although he has emailed me asking me to call him, I have asked him to send me updates via email on the case. He has not done that. I'm guessing since I won't call him then he is holding his ground and will not update me in the manner that I requested. I asked this before on this site, but I only want to be updated via email. Am I putting myself in a bad position? I mean who wants to talk to someone who is squeezing you out of everything? Everyone is losing except the attorney. He is the one who is winning....
To whom this may concern, We are wondering if you guys could
Hi,To whom this may concern,We are wondering if you guys could help us with this case:Pretty much our distributor for our garage storage lift product in Denver won't pay us the money he owes us. He owes us about $27,000 for 50 lifts we sold to him.They have signed the invoices and kept the goods (So they acknowledged to pay for the invoice)They said they would finance the debt, but they have been ignoring us for the past three monthSo it's a collection matter.We were wondering if we need to get a lawyer to collect the $25,000 debt or just hire a debt collector agency? Since the collection lawyer wants $3000And is it possible to claim a compensation from the company that owes us? Since $25,000 missing ruined our cash flow, restocking problems, no inventory etc.They signed a distributor agreement and this is what it says pertaining the payment and compensationCompensation"All expenses arising out of the change or cancellation of an order after acceptance by Supplier, including the cost of diversion, cancellation or reconsignment of shipments, and any reasonable restocking charge, shall be paid by Distributor to Supplier.7. PAYMENT AND DELIVERYThe purchase price shall be quoted and payable in U. S. Dollars to Supplier at the address specified on the invoice. Unless otherwise agreed by the parties in writing, a down payment shall be made by Distributor in advance of shipment from the Supplier facilities. The remaining payment will be paid upon delivery and inspection of the order by the Distributor."We are located in California they are in ColoradoLet me know what you think,Thank you,Bob
Hope you are well, and Happy Holidays. I can't believe we
Hello Richard,Hope you are well, and Happy Holidays. I can't believe we made it almost 3 months with no legal issues to discuss!(we have discussed this before) My consulting client has his company's pre-trial hearing on a collection lawsuit next week. The client is a single member LLC, being sued for $10k + costs/fees, based on a claimed value of a contract from a service provider (think weekly rug service, uniform rental, commercial cleaning contract...basic business to business service agreement). The actual amount owed is only $800-ish, not $10,000.The plaintiff also has a long online complaint history of getting business owners to sign an agreement, and then later sending papers to the effect that it's a 3 year, or 5 year contract. Everyone, including my client, claims they were never told anything about a multi-year contract, with huge claimed fees for early termination.Anyway, I haven't dug into this too much, assuming this matter would settle for a reasonable amount prior to the hearing. And I have reached out to the Plaintiff's attorney a few times over the past few months. He's a nice local guy, but I don't think his client communicates well with him. During this whole year long saga, he would frequently say, let me check with my client, and get right back with you. Then nothing.I have no idea if anyone from the plaintiff's side will show up or not. But I guess my client should attend the pre-trial hearing, and see what happens (thankfully, the court is right down the street from my client, no big deal).One of the court clerks happily helped my client fill out the denial to the lawsuit, to get the hearing scheduled. And she told him, he does not have to hire an attorney for the pre-trial hearing. Just show up and tell the judge what happened. My client is fine to do that, not worried at all. You seemed to think he would need to be represented by counsel.Any new/other thoughts on this, or recommendations, if my client chooses to show up alone?I could go with him, but I have a feeling it could annoy the judge if he feels I was trying to "represent" the client/defendant. I would have to be very clear that I have inside knowledge of the situation, including communication with both the plaintiff and its attorney (which is true). Your thoughts?What should my client bring or say? The plaintiff is presenting a contract that shows math saying the default adds up to $10000, or whatever. But everyone says these are scam contracts, filled in by the plaintiff after the fact.Is there any way a judge could make a decision at a pretrial hearing, and issue a judgement? Or this is just to hopefully get settlement, and/or decide if a trial on the matter is warranted.As always, thanks.
We had someone invest in our company as a minority interest
We had someone invest in our company as a minority interest owner. 10%. We then found out he committed numerous criminal offenses. He is due in court next month. felonies and misdemeanors.Our question is: Can we modify our Operating agreement now to get him out, have him forfeit all rights and shares or limit him?We spoke to other potential investors and they won't invest until he is gone. We didn't know of his criminal mess until after he invested.We would like to know our options and what we can legally do to get him out as quickly as possible without him claiming we are doing something wrong.
I started a company with an investor and was told I would
I started a company with an investor and was told I would receive 10% equity in the project. Almost a year later and two million dollars into the project I was terminated. They now want me to turnover all of the intellectual property that I provided while with the company, while still not honoring the 10% equity I was given as a founder of the company. I do not see how they can still own my intellectual property if they aren't honoring that part of the agreement. I am looking for some advice on how to fight a millionaire on this. I feel I am being abused due to the immense difference in our net worth.