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Recent Small Claims questions
My business sold a $1500 product on ebay and the customer
My business sold a $1500 product on ebay and the customer made a fraudulent chargeback with his credit card and never returned the product. His credit card company decided in his favor for some reason. I need some advice about taking him to small claims ...
I am in Georgia - I sold the assets of a business to a buyer
I am in Georgia - I sold the assets of a business to a buyer who retained my location and began to operate there under a different name. Neither one of us resides in the county that the business is located in. We now have a dispute that I would like to pursue in small claims court. Can I file in the county that the business/assets are located in ? Or do I need to file in the county that one of us resides in ?
I am a freelance copyeditor. I I recently completed a job
I am a freelance copyeditor. I I recently completed a job for a client, but the client is unsatisfied. For this particular job, no contracts were signed, as it was only a $250 job.I feel as if this client was out to get a free service to begin with, because I did a very full job and the client is looking for every reason why a full refund is required to her by law, even though these reasons did not factor into her dissatisfaction.In my initial proposal to her, this is what I said of my services:"As an editor, my work usually includes revisions for grammar, punctuation, spelling, vocabulary, syntax, format, flow, and general errors in typing. I also make it my job to note any inconsistencies or questionable areas in your content that you might review and offer you ideas, but I am happy to discuss your specific needs.All editing is done digitally, and all changes are tracked so that you can see each revision made if you so wish."That plus a sample edit of my work was the extent of what I gave the client as far as what to expect. She is saying that she is dissatisfied with the number of remaining errors in her work. I explained that editing is a multi-level process and that remaining errors are to be expected after I am finished. I also apologized if there was any misunderstanding of what she could expect, mentioned that I would add a disclaimer to my page for future reference, and offered to go back over it again to do further work if she was unclear of what to expect.She is, however, rejecting my offer to do further work, saying that she understood that there would be errors remaining, and saying that she will only accept a full refund. Despite her admitting that she understood that she would not receive a perfect job, though, she is saying that because I did not have that disclaimer stating that she would not receive a perfect job I am required by law to give her a full refund (again, even though she said she understood without the disclaimer).So this is my question. Am I required to give her a refund in this case? I think I did my job very, very well, but she is not budging.
If received conflicting responses so I would like some
If received conflicting responses so I would like some clarification. In 2013 my ex and I got divorced. At the time, we agreed on everything so we just used a divorce processor writer to submit everything to the court and never used attorneys. One of the stipulations we agreed to when we wrote up the decree for the divorce was that my ex would need to refinance our house in his name alone or we would have to sell the property- this was signed off by the court.After the divorce paperwork was filed, my ex realized he was unable to refinance the house. We looked into selling the house; however, we would've lost a substantial amount of money. So, instead, we agreed that I would refinance the house in my name but my ex would continue to live there. We agreed that while he lived there, he would be responsible for payment of the mortgage and then when the time came for him to move, then we would decide to either rent the property or sell it and split all debt/profit for the house. We put this agreement in writing and both signed this in 2014.Last month, my ex moved. He has completely vanished with the keys and is not answering phone calls or messages. The house's mortgage is in my name so I have to make the payment and he knows this. The house is in Arizona and I live in Kansas now so I am unable to get to the house to prepare it for a management company or anything. I need to know what to do.I need to know the following:- Do I have a civil case against my ex?- Or is this a family court matter and will a civil court throw out my case?- How do I proceed when I don't have a new address for my ex?- Is there a time period to enforce an agreement? To clarify, we made/changed our divorce decree agreement on our own in 2014. Is this enforceable?
In my State or City is there any legal recourse to my
In my State or City is there any legal recourse for damages to my residence caused by a careless contractor. He lied about being insured/bonded because he admitted after the damages of not paying the premium payment. I know I can go to small claims court up to $6,000; however the total damages and unjust compensation are $8,000. The contractor appears to own no property other than a pick-up truck. My insurance company is denying my claim due to a poor workmanship clause in my policy. Anyway, am I just stuck and will have to pony up or is there something I can do?
I own a Delaware Incorporated Business that contracts with
Hello - I own a Delaware Incorporated Business that contracts with tuition based schools around the country. We contract 1st with the school and then each of their students on contracts that state in teh 1st paragraph that our firm OWNS their contract. Our client school apparently breached our contract without informing us and our school continued to properly debit the student and posting the debited funds to their account and then remitting the funds to the school. Unbeknowst to us, the school had hired another company to also debit and so innocent students were debited by our firm (since we have the contract) and also by the new billing company. Thus the student was debited twice. The school apparently has misled the students and we are looking at filing a suit of breach with counsel. However, today, we received through Delaware process of service in the amount of $795.00 through Small CLaims Court in Texas. The Governing State is Maryland on each contract. The suit first names the School and then our firm as secondary. Naturally we are not going from Maryland to Texas to defend such a minor suit. Am I correct that since we are simply named second, that if we do not appear which we will not, that should the Court find in the favor of the student, that the school who IS located in the Filing State would have to pay? If judgment goes against us, then the student would have to file a Foreign Judgment which as we both know can be difficult. Would the school not be the one having to pay> We are not paying anything since we already paid the school who double dipped. My understanding of foreign suits is that we would be wise to not even reply. Thoughts please? Thanks so much.
A vendor overbilled us charges. Those charges, per our Terms
A vendor overbilled us for certain charges. Those charges, per our Terms of Service, require prior written consent to be valid, which the vendor did not obtain in these instances. However, we paid the charges in error not noticing them until after the fact. Our Terms of Service do not have any provisions on offsetting overcharges against subsequent invoices.Are we legally entitled to offset the unauthorized charges against future invoices from the vendor?Thanks.
What form do I file when the defendant defaulted inView more business law questions
What form do I file when the defendant defaulted in attending a pre-trial hearing in Hillsborough county Fl Small Claims cout? Where do I get the form and who should it be sent to?The judge entered a default judgement but I understand from one of your attorneys thathave to file a default form for the court to determine if the defendant was properly served.I showed the Judge where the defendant was served via certified mail and someone in the office signed fo rthe pre-trial conference document. I was also told if the default service was accurate, I could put a lien on their property but I want my $5,000 investment and leal fees returned.I'M NOT SURE WHERE TO GO FROM HERE.