Who really ownes my grandmothers home? - Wills / Living Wills - Avvo.com
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Saturday, June 20, 2009
Friday, June 19, 2009
Wednesday, June 17, 2009
Do I have a defamation suit? - Lawsuits / Disputes - Avvo.com
Do I have a defamation suit?
Laurel (MD)
Last year my rental property wrongly sued me for unpaid rent--a direct result of their incompetence and lack of professionalism. I found out about this oversight, and before the allegations could be intercepted, the claim was sent directly to county court. The case was, of course, dropped, and I even received a written apology from the rental property (on corporate letterhead), stating this issue was no fault of mine.
Now I am seeking new housing, and I recently found that this incident shows up in background checks. I was of the belief this issue had been cleared. I almost lost out on safe, affordable housing! I also believe that I may have been rejected from potential employment opportunities, because of this blemish, as I made no mention of the incident on applications.
Please advise
ANSWER
If you are rejected based on a credit check, you have the right to receive your credit report. If the case is on your credit report, it should show that it was dismissed. If there is an error regarding the matter, you can dispute it with the credit reporting agency. There are procedures you must follow. They have a limited time to investigate the matter. Thereafter, you may have a case against the credit reporting agency. If the rental agency placed information in your credit report that was false, you may also have a claim against them after the credit agency passes the period for investigating the matter. However, you don't have a defamation suit for them filing a lawsuit against you. You MAY have a claim against them for abuse of process. However there is a limited time for you to bring suit against them for it.
You stated you almost lost out on housing. Did the leasing department tell you that the case was the problem? In any event, get your credit report and go to the court to determine if the court records properly indicate that the matter was dismissed in your favor.
I have handled both abuse of process claims and credit reporting violations. If you want to discuss this further, please contact me.
Laurel (MD)
Last year my rental property wrongly sued me for unpaid rent--a direct result of their incompetence and lack of professionalism. I found out about this oversight, and before the allegations could be intercepted, the claim was sent directly to county court. The case was, of course, dropped, and I even received a written apology from the rental property (on corporate letterhead), stating this issue was no fault of mine.
Now I am seeking new housing, and I recently found that this incident shows up in background checks. I was of the belief this issue had been cleared. I almost lost out on safe, affordable housing! I also believe that I may have been rejected from potential employment opportunities, because of this blemish, as I made no mention of the incident on applications.
Please advise
ANSWER
If you are rejected based on a credit check, you have the right to receive your credit report. If the case is on your credit report, it should show that it was dismissed. If there is an error regarding the matter, you can dispute it with the credit reporting agency. There are procedures you must follow. They have a limited time to investigate the matter. Thereafter, you may have a case against the credit reporting agency. If the rental agency placed information in your credit report that was false, you may also have a claim against them after the credit agency passes the period for investigating the matter. However, you don't have a defamation suit for them filing a lawsuit against you. You MAY have a claim against them for abuse of process. However there is a limited time for you to bring suit against them for it.
You stated you almost lost out on housing. Did the leasing department tell you that the case was the problem? In any event, get your credit report and go to the court to determine if the court records properly indicate that the matter was dismissed in your favor.
I have handled both abuse of process claims and credit reporting violations. If you want to discuss this further, please contact me.
Tuesday, June 16, 2009
Web Design Lawsuit - Litigation - Avvo.com
Web Design Lawsuit
Atlanta (GA)
QUESTION
A person that I previously designed a website for back in 2005 has filed a lawsuit against me in small claims court about 1 month ago. However, I have not been properly served yet because the person filed the lawsuit in a county where she lives and not where I live.
I will be relocating to another state within the next 2 weeks due to job situation.
Will the lawsuit subpoena be sent to me in the new state in which I will be a resident of in a few weeks, or will it not be possible for me to receive proper service given the situation?
The person is suing me due to them feeling that I "breeched" a web design contract- which I didn't.
Thanks,
ANSWER
You may have several defenses in this lawsuit.
Have you been served the summons? If so, you can't sit back and claim the person filed the case in the wrong county. Instead, you must file a motion to dismiss regarding the plaintiff's failure to file in the proper county and the limitations defense (if applicable). If you haven't been served and you intend to move out of state, you have several choices on how to handle the matter.
Atlanta (GA)
QUESTION
A person that I previously designed a website for back in 2005 has filed a lawsuit against me in small claims court about 1 month ago. However, I have not been properly served yet because the person filed the lawsuit in a county where she lives and not where I live.
I will be relocating to another state within the next 2 weeks due to job situation.
Will the lawsuit subpoena be sent to me in the new state in which I will be a resident of in a few weeks, or will it not be possible for me to receive proper service given the situation?
The person is suing me due to them feeling that I "breeched" a web design contract- which I didn't.
Thanks,
ANSWER
You may have several defenses in this lawsuit.
Have you been served the summons? If so, you can't sit back and claim the person filed the case in the wrong county. Instead, you must file a motion to dismiss regarding the plaintiff's failure to file in the proper county and the limitations defense (if applicable). If you haven't been served and you intend to move out of state, you have several choices on how to handle the matter.
Can an employer terminate me for a false statement write up. - Wrongful Termination - Avvo.com
Can an employer terminate me for a false statement write up.
Baltimore (MD) Viewed 5 times. Posted 1 day ago in Wrongful Termination
QUESTION
My employer fabricated a story of me being barred from a facility. This write up was placed in my empoyee file for 45 days without my knowledge. While I was out of work for a work related injury. After returning to work i was terminated 6 days later. I initially was denied a copy of this write up, but later recieved one. After making some inquires it was determined this incident never happened.
ANSWER
In Maryland (I am a Maryland lawyer), an employee is protected against being fired under a limited set of cricumstances. Unless you have a contract with you employer, are a union member, or are being discriminated against or retaliated against under a limited number of federal or state laws, your employer can fire you for any reason, even a totally stupid one.
In your case, more information is needed. Were you out on FMLA or other statutory protected leave? If so, there may be a nexus between your leave and the firing.
If there was retaliation for taking statutory protected leave, you have a limited amount of time to challenge the firing and file suit.
Baltimore (MD) Viewed 5 times. Posted 1 day ago in Wrongful Termination
QUESTION
My employer fabricated a story of me being barred from a facility. This write up was placed in my empoyee file for 45 days without my knowledge. While I was out of work for a work related injury. After returning to work i was terminated 6 days later. I initially was denied a copy of this write up, but later recieved one. After making some inquires it was determined this incident never happened.
ANSWER
In Maryland (I am a Maryland lawyer), an employee is protected against being fired under a limited set of cricumstances. Unless you have a contract with you employer, are a union member, or are being discriminated against or retaliated against under a limited number of federal or state laws, your employer can fire you for any reason, even a totally stupid one.
In your case, more information is needed. Were you out on FMLA or other statutory protected leave? If so, there may be a nexus between your leave and the firing.
If there was retaliation for taking statutory protected leave, you have a limited amount of time to challenge the firing and file suit.
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