Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I WAS A TAX FRANCHISEE FOR OVER 10 YEARS. Had reveived 1 letter

I WAS A TAX FRANCHISEE...
I WAS A TAX FRANCHISEE FOR OVER 10 YEARS. Had reveived 1 letter of aggreement good for 5 years. Befoe the first 5 yr term ended I received the second 5 year Leter of Aggreement. We were not satisfied with the first 5 yr and made many changes to the second agreement, holding the corp accountable. We were a franchisee for Liberty Tax Service.
We never received the second 5 yr aggreement signed. It wasn't until we decided the company was no good (had lost numerous times in court for racketeering, etc.. Not having the second agreement signed we quit Liberty, changed the name and sold the tax business to another.

Liberty is suing us for almost 400K.. When you review the paper work sent from liberty lawyer the 1st agreement was signws Dec 21, 2001 effective the tax yr starting Jan 2002.

^ yr later we received the 2nd Agreement for Liberty.. It was dated June 05 2007. My changes were not included in the Agreement.. the agreement was received 6 yr late. The 1 st agreeemnt ended Dec 2006. The 2nd agreement should have been dated PRIOR TO START OF 2nd 5yr peroid. It was signed June 05, 2007..which is 6 months after the 2ns should have started or 2 months after the IRS TAX SEASON ENDED.
I would like to SUE liberty to regain my Lawyer fees, etc...

My question... How do I file suite against Liberty. I was told to file criminal charges agaijst Liberty for falsfying documentation, lieing under oath and racketeering.. What do you suggest/recommendate

JOHN J CALLAHAN (NNN) NNN-NNNN
WK(NNN) NNN-NNNN
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
10/7/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,354
Experience: Retired (mostly)
Verified
Hello,

I'm having trouble following your stated facts. It appears to me that even if your second agreement was effective June 5, 2007, it would have expired June 5, 2012 (5 years). So, the question is, what exactly is the basis of the plaintiff's lawsuit? How are you in breach of an expired contract?

Thanks in advance.
Ask Your Own Legal Question
Customer reply replied 4 years ago

The first agreement ended in Dec 2006... We were doing Taxes in 2007 (tax season Jan-Apr 15) Without a signed dated etc agreement.. We did not know that Liberty did not include my changes to the agreement until 6 years later. As far as we knew either Liberty acceptd my changes or we were withouty an agreement.

Customer reply replied 4 years ago

Liberty says I can not sell or do taxes for 2 years ..Trouble is we did not know Liberty signed the 2nd agreement until6 yr later. We did not have a legal dated signerd agreement ...lIBERTY DID NOT WANT TO INCLUDE MY CHANGES SWO THEY SAT ON THE aGREEMENT UNTIL i QUIT... tHEN DEMANDED WE FOLLOW THE post agreement requirements...

Customer reply replied 4 years ago


The 2 agreements should have continued without a break. The 1st ended in dec 2006... the 2nd didnt actually start until the 2008 tax season. We were without an agreement for the 2007 tax season

 

I was interviewed by the IRS and the DOJ for over 3hrs. They are preparing a case against LIBERTY for racketeering, false etc... IRS/DOJ was very interested in my case.

From what you allege, it would appear that Liberty cannot succeed in a lawsuit against you, by signing the agreement years after you originally signed and sent it to Liberty -- because you relied to your detriment on Liberty's silence and you acted as if you were in a franchise during the entire five years of the contract's duration -- under the assumption that Liberty accepted your changes. So, either, you had an agreement on your modified terms, or you had no agreement at all -- in either case, the agreement expired before you sold the business to a third party, and you are not liable to Liberty for anything.

Regardless, you will have to defend that the contract is expired, and that you were not under any obligation to Liberty at the time that you sold your business.

Concerning your suing Liberty, assuming you can successfully defend, you may have a claim for wrongful institution of civil proceedings/malicious prosecution, if it is shown that Liberty's lawsuit is entirely without merit. And, if you were damaged by the various claims made by the government and others against Liberty during the course of either the first or second contract, then you may have a claim of breach of contract, in that Liberty failed to maintain a reasonable level of good will in its product, which is the principal thing that you were contracting for -- i.e., favorable market exposure.

Criminal complaints are not actionable by a private party. So, while you can complain to government, you cannot recover damages from the defendant.

I think I've covered your question. Please let me know if I can clarify anything or provide further assistance.

Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,354
Experience: Retired (mostly)
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

THANKS...it loks like I can go from here.

You're welcome and good luck!
Ask Your Own Legal Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,354
39,354 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a breach of contract against me that began according
i have a breach of contract against me that began according to the paperwork 08/12/04 … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,766 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
How can I resend a deed do to breach of contract and fraud?
How can I resend a deed do to breach of contract and fraud ? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am being sued for breach of contract but i did not breach.
I am being sued for breach of contract but i did not breach … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
How yo track and file a malicious prosecution case, New
How yo track and file a malicious prosecution case … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I had a breach of contract from my apartment complex giving
I had a breach of contract from my apartment complex giving out my info to inmates at a jail I work at and I fear for my safety because the inmates know where I live, what can I do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
I need an attorney to file a Breach of Contract against
I need an attorney to file a Breach of Contract against Cigna Insurance Co. It is NOT a Medical Malpractice. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
If someone sues me for a breach of contract and they are
If someone sues me for a breach of contract and they are trying to add up debatable if not erroneous monies indirect of the contract (like pain and suffering, missed vacation etc) they want to recover… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Need help with breach of contract. Individual versus
Need help with breach of contract. Individual versus bisiness … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I'm being sued for Breach of Contract (auto repo). Is it
I'm being sued for Breach of Contract (auto repo). Is it beneficial to hire a lawyer? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
For breach of contract is there any way to file a suit if
For breach of contract is there any way to file a suit if only a verbal contract is in place? If significant damages to a property (home) are provided and financial loss? Witnesses too? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x