All posts in Contract Law

Is A Military Pay Freeze Considered A Breach Of Contract?

My son is in the Marines and he has heard that President Obama is going to freeze his pay. Read more [...]

Can I Receive A Mortgage Commission Without Being Licensed?

I have signed contract for a mortgage commission split. The closings have closed but the other person will not pay me because he said that I need to have my new license or he will not be obligated to pay me. Read more [...]

Can My Ex-Girlfriend Legally Remove Items From My Property?

Hello. My ex-girlfriend is in the process of moving out of my house. We were together for nearly 10 years. It's a complicated, acrimonious process. A few years ago, she paid for the materials of a high-quality wooden fence for our backyard. Read more [...]

Should I File a Small Claims Lawsuit Against the Company?

I live in Houston, Texas (Harris County). I recently had a bathroom sink refinished and the rep did a poor job. I contacted them the same day and asked for a different rep to fix the shoddy work. I was told that the owner would call me back. This did not happen. I called and spoke the main contact I used previously and she said she would call me back regarding scheduling. She never did. I sent emails (including one through their web page contact form), left some phone messages, and even sent a text message (she utilized phone texts on previous job questions). This was to no avail. I think I made the error on a phone text in mentioning that I did not receive a receipt for the work (and that I need the 2nd rep to bring one). That may very well have been the company's cue to ignore me. Their web page has not physical address, and they have no formally registered business in checking with the country clerks office. Thus, I suspect they work their fleet out of a residence. I looked into filing in small claims court in my county to recoup the money spent ($175 job), but the docket lead times are 6 to 8 months out (very busy precinct). Complicating matters is the fact that I am about to put my home on the market, so I will most likely not be living the in home and not be the owner when this comes before a judge. Please advise. Thanks. Read more [...]

What Civil Code Can I Cite in Order to Win My Appeal?

I successfully sued a defendant in LA County Superior Court, small claims, regarding a default on a promissory note that the defendant had signed while living in Long Beach, CA. I moved this judgment to the civil court in the state county where the defendant now resides and won a judgment there as well. It took over 2 years and about $1700 in attorney fee and court costs to collect on this judgment. A provision within this promissory note stated that the signee is responsible for all reasonable attorney fees and collection costs in the event of default. As such, I took the defendant to small claims for these fees and costs, but at different LA County Superior Court location (the LA County Superior Court in Long Beach no longer hears small claims cases.) The case was dismissed since the defendant was served out-of-state and this serving did not fall within Civil Code 116.340. I want to appeal this decision, especially since the precedence to serve the defendant out-of-state had already been set by my first case. What grounds can I claim or what civil code can I cite in order to win my appeal? Read more [...]

When Will the Third Business Day Occur?

I signed a contract for pest control on Thursday May 5, 2011. On the paper it says that I can cancel the transaction with no penalties on the third business day after the transaction before midnight. What will be considered the third business day if the company's business hours are Monday through Friday? Read more [...]