Tag Archives: CIVIL LAW

They used my address on their Yellow Page listing

Q: A locksmith company has used my home address as their business address. I have a Notary business that I use my address for. I contacted them and they won’t respond. It is advertised in Yellow Pages and on line.

A: I would start with Yellow Pages. It will be hard to reach a decision maker at YP, but eventually you will. At least they can correct the on line listing immediately. The printed books cannot be changed until next year’s books are printed. Check and see if this locksmith uses your address in other business directories. If he or she does, then you know he or she is the problem and not YP. There are services such as Yext who will correct then sync all of your on line listings on dozens of various search engines for a fee. Send a certified letter to the locksmith. If that doesn’t work, hire a lawyer to obtain a cease and desist order from a court. You can also have a google savvy person or IT person look at all of your on line listings to see if it is only YP or all of your on line listings which are in error. That would be a good starting point

Can I sue a waitress for slander?

Q: Can I sue a company if their employee slandered me? A waitress told her boyfriend that I groped her while she was working. The police got involved and I was charged with harassment, but the charges were dropped because the surveillance video clearly showed I didn’t do it. Can I sue her and the company she works at for slander?

A: Anybody can sue anybody. The issues is whether or not you are capable of getting a judgment and collecting money for your efforts. An attorney does not want to be involved if there is no prospect of getting money. Unless of course, your motive to do this as a cause or to teach her a lesson. In that case, if the attorney feels that collecting from a waitress may not be a good prospect, you may have to pay the attorney an hourly fee and all costs. If she has property you can lien once a judgment is entered, it may be worth it. As far as suing the company she works for, I do not believe they are liable unless they were somehow involved in perpetuating the untruth. Unless this waitress is financially worth going after, you will have a difficult time generating the interest of lawyers in such as suit. Nonetheless, you may want speak with a personal injury attorney.

Can I sue my parents for opening my mail?

Q: Can I file suit against my father for opening confidential mail addressed to myself.I am a 21 year old college student living Pa, I am originally from Ohio. I was recently in an auto accident and I had asked the police to send all paper work regarding the accident to my current address not the address on my Driver’s License. They ignored my request and sent it to my father house in Ohio. My father and step mother proceeded to open that paper without me knowing. They called me and harassed me regarding the accident. I am no longer or have been financially dependent on them and choose not to inform them on the accident due to this reason. Is there any legal action i can take to file suit against them for opening my confidential paperwork.

A:  You need monetary damages, measurable economic harm to have been done as a result of a parent opening your mail. You didn’t mention any such damages. Secondly, you need liability. I am not sure a judge or jury will find a parent liable for opening mail in the family home which has been addressed to their child. This case would not generate much interest among lawyers and I would therefore advise you to just try to get along better with your parents. I don’t even believe a suit against the police would work, as they may have been using a prior, although incorrect, address and you would be deemed at fault for not updating your address with the post office or Department of Motor Vehicles. In addition, the law is often forgiving of mistakes when made in good faith. You should also be aware that if you are still covered by your parent’s motor vehicle insurance, most liability insurers require prompt notice of an accident, which would be more reason for your parents to open your mail.

Can we revoke a non-disclosure agreement?

Q: I have a signed a Non Disclosure Agreement with a client. What needs to be done if we both want to revoke it? I am a graduate student. I live in Pittsburgh. I have got a final year project assigned to me by our university. The client sent me an NDA to sign. And I signed it and sent it to the client(soft copy), which is not in compliance with the university policies. The client and me both understand this and want to revoke the signed agreement. Please advice how we can do it. Thanks a lot! (Pittsburgh, PA)

A:  I would prefer if you review the contract with an attorney. Generally, the parties to a contract, can revoke or rescind the contract by entering a simple agreement to rescind the prior contract. You should execute it with the same formality that the original contract was executed.

Should I open a second account to avoid a creditor?

Q: Is it wise to open a separate bank to avoid unpaid bills if a creditor attempts to put a freeze on your (spousal) account? I am in the midst of attempting to settle a debt with a creditor; I know it is a possibility for them to freeze my bank account; but I also know they are unable to garnish anything from it because it is a spousal account. I am wondering if it is wise for me to open another account and have our money moved to that account so we would be able to pay our bills in lieu of the process of them freezing/unfreezing the account?

A: Talk to a consumer attorney first. You need to determine if you even need to pay this debt or should pay this debt. If you have been dealing with a creditor collections person, you may have been misled and bluffed. No creditor can lien personal or real property or garnish wages without giving you notice of suit, suing you and getting a judgment. As far as opening the new account, it may be a logical short term strategy, but not for the long term. If there is a judgment, the creditor can find this account and you could commit fraud by moving accounts to avoid collection.

Defamation – Slander per-se? Do I have a case?

A: A co-worker of mine spread a nasty rumor at work that I have a loathsome disease, which is not true. She also keeps talking about my breast augmentation, to other workers and our clients. I am experiencing such distress. What are the steps I need to do to take action? Thank you.

A: You need to prove that she said this (liability) and damages that you have suffered. Your damages need to be quantifiable, meaning you may need to prove that you treated and incurred costs of therapy or suffered some type of measurable damage to your image in the work environment or in the public eye. You may want to see if your employer has an option. If it is a bigger company, the HR department may mediate this and take action against the person. The only way to determine if you have a case is to sit down with a personal injury lawyer or employment lawyer and go over all of the facts.

 

 

Can this lawyer really do this to me?

Q: I’ve been trying to get this lawyer to take her name off of my case since November. They have been charging ever since, even the time spent in telling them they are fired. I now have a court hearing with the judge next Tuesday to do this. Today, I get this letter in the email saying effective January 1st  they are raising all their prices. This cannot be legal.

A:  The attorney has to file a Praecipe to Withdraw his or her appearance to officially be off the case. In some matters, like in Orphan’s Court or Criminal Court, the courts not only require a Praecipe to Withdraw from the old attorney, but require a Praecipe to Enter Appearance by the new attorney. Since I have no idea what type of case this is, I am not sure the judge needs to approve or sign off on the withdrawal. I am not sure what the hearing before the judge is about but perhaps at that time, the judge will let your attorney to withdraw her appearance. I would send a certified letter to the attorney stating that you no longer need their services as of the date you originally told them. If they sue you for services performed after you fired them, you can use your letter as a defense.

How can my daughter get her trust money?

Q: Approximately 6 years ago my daughter, then 12, was a passenger in an auto accident. Her insurance compensation was put in a trust with her mother as the trustee (I was the driver in the accident). I contributed money to the trust so that my daughter would have money for college at age 18. Now my daughter is 18, but, her mother refuses to release the money to our daughter who needs it for school tuition. Is the law on our side to compel the mother to release the money?

A: There is too much information missing to possibly answer this. I will attempt based on what I think may have happened. The way these things are usually handled is that the money is put in a restrictive account, in the minor’s name. The minor is permitted to have access to the money when he or she turns 18. The trust you describe sounds a bit unusual in that her mother (I assume father remarried?) is the trustee. In order to determine what needs to happen to have the money released to the child now that she is 18, the trust document will have to be examined. It no doubt has language that addresses what conditions need to be met in order for the child to access the money. If you truly have your daughter’s interest in mind, you may want to have a lawyer look at the trust document to advise you on the options available.

Can I represent myself in Allegheny County Arbitration?

Q: Is it recommended that I have a lawyer when going to an Allegheny County arbitration hearing? This hearing is for an appeal to a small claims court ruling.

A: It is highly recommended if you can afford it. It is called Arbitration and has a jurisdictional limit of claims 50K and lower and your case is heard by a panel of three attorneys instead of a judge or formal. Although it appears somewhat less formal than a judge or jury setting, the rules of civil procedure and evidence still apply. The person who knows these rules has the upper hand which generally means those who are represented will do better. This is especially true if the other side has an attorney. If that is the case, the other attorney can limit your testimony with objections based on the rules of evidence, such as foundation, hearsay, lack of discovery notice, etc. If the other side has no attorney, some arbitration panels will help you and the other litigant sort out your problem, and try to do justice, although don’t take that for granted. Even if the Arbitration Board is that gracious, you still may lose your case based on your lack of knowledge of the rules of procedure and rules of evidence.

DOES STEP FATHER OWE MY UNPAID MEDICAL BILLS?

Q: Should I take my ex stepfather to court for past unpaid medical bills? I have a past due med bills that the insurance company had written a check for and then sent to the primary name on the insurance (ex- stepfather) that never paid the bill but cashed the check. There is now at a debt collector on my credit, calling me at home and at work. Am I responsible to pay or is there anything I can do to make him pay?

A: Nice guy. There are questions I would need answered before offering my opinion. For example, was he viewed as your legal custodian at the time? Were the checks made out to him with the express purpose of paying your bills? If so, this would make him a guardian/fiduciary of the funds and he therefore misappropriated them. You may have grounds to file a civil suit against him. I would first notify the insurance company and also provide them written notice of what happened. If they don’t seek the money from him, and continue to pursue you, you may have a problem. If they sue you, take the papers immediately to a lawyer. A lawyer can cross-claim against your ex stepfather and bring him into the suit.