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a1handy

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Everything posted by a1handy

  1. I purchased an antique car from the estate of someone who died in NC. I need to obtain further documentation from the executor of the estate to be able to obtain a title. When contacting the probate court in the county where the owner lived, I was told they have no record of the estate. How do I find where this estate was p robated
  2. I recently inherited a mortgage and note on a home a piece of land sold and financed by my father. The note has about 24 years left on it and I want to collect the funds now and not continue to receive a monthly payment. I have approached the people who are paying the note and asked if they would refinance and even offered more property and a discounted price on the note. They will not do so? Is there any way I can force them to refinance? The note states they have to keep insurance and cannot be late on any payments or they will be in default. They currently have the required insurance but have been late by 2-3 days on several payments. I have looked into selling the note but the discounted price is ridiculous. Any suggestions, please
  3. The vehicle along with the lien was awarded to me by the judge overseeing the probate proceedings. The car was in my posession and work had begun prior to the lien being attached. My attorney handled the proceedings concerning the probate court. He wants another retainer to handle future proceedings.
  4. I was recently awarded a vehicle that I have a mechanics lien against from an insolvent estate. I had to go through the entire process including filing a claim, filing for a hearing, hiring an attorney, etc. The car that I was awarded as payment for services rendered has a lien by a large bank. Since the bank never filed any claim against the estate for the lien does that still allow them to demand payment of the amount owed before I can obtain the title? If so what suggestions might someone have concerning on what to do next?
  5. I filed a pleading for defamation in Common Pleas and 28 days after the defendant was served and prior to responding, he died. This action was filed in the state of NC. My question is will this action survive his death or will it be dismissed. A part of the pleading included an unpaid debt of services rendered (extensive repairs to an older automobile which I am still in possession). If not how long can I expect this to take before it will be settled considering the civil action? Basically, can I negotiate with the executor to settle this immediately to avoid a long and drawn out process?
  6. It says on under sentencing "Fine or Jail time"......Begin date today and end date 30 days from now
  7. Someone I know was supposed to go to magistrates court today on a criminal charge. The county index says Status: Failure to Comply Disposition: TIA Guilty Bench Trial Does this mean he did now show and was sentenced to 30 days? Not sure what TIA means
  8. This person has now escallated this situation to another level. Today he text me saying he was held up on the interstate and would be there in 15 minutes to view the progress of his car (substantial work had been done since his last visit).. I had already been notified by a friend at a nearby restaurant that he was inside taking pictures of my shop. I went to the shop and politely told him that he was welcome to come to the shop if he wanted a better view. He eventually arrived and he did everything in his power to escalate it to a physical confrontation even begging me to hit him. I did not and after he called me every name he could think of he left. Several minutes later a friend called me and told me someone (him) was standing outside a local Walmant handing out fliers with my picture and details of an arrest over 4 years ago (totally unrelated and subsequently dropped).. He was stopping patrons and telling them that I was a criminal in the communtiy. a liar, a thief, an amateur and my employees were drug addicts and alcholics. He had over a hundred fliers printed up according to my friend and was stopping patrons of the walmant as they left to tell them to help him put me in jail. What if anything can I do and how. Thanks
  9. Yes, I can. Customers who had work scheduled have cancelled due to his posts on Craigslist (they told me so verbally). One actually came and removed what I was doing for him before I had the opportunity to finish. Also, my landlord is considering evicting me as well as vendors whom I deal with have threatened to stop servicing me due to his statements.
  10. I think he has been very careful about what he says. Like the previous poster stated the closest thing he has said to be considered libel is that I am well known in the community as a "bad apple". He is posting different things constantly with the heading of his posts saying " update:". He has cost me business and that is what wanted to do. I hope however, that if this escalates to small claims court, his actions will be detrimental to his case.
  11. I offer a service and a customer has decided that I am not paying enough attention to his project. He has begun sending texts and emails in the middle of the night making demands on what I should do. Last week at 3 AM I received a text telling me that I should expect "round two" and he was ramping up his efforts to make me meet his demands. Since then he has begun posting negative statements on his face book page. Now he is posting negative statements on Craigslist for everyone to see. He is making statements that such as I am a well known "bad egg" in the community. He is listing the name and phone number to the county magistrates office encouraging people to file complaints as well. He is letting it be know in general terms where I live and telling others to help and put me out of business. I understand that if what he says is true but he is making the determination of ther truth on his own. Is there anything I can do about this legally. So far I have not responded in anyway.
  12. I had a customer bring in some parts for his car that he wanted repaired. It has been over 30 days and he has not returned to pay for them, What can I do at this point to dispose of them. Can they be sold for payment? If so what type of notification do I have to attempt to deliver to the customer before doing so.
  13. It was filed in magistrates court. I have a court date pending. The officers will appear at my motion to dismiss and say he agreed to no further litigation if I released his vehicle. He claimed the repairs were not up to his standards in this case the paint was not shiny enough. I have obtained the police report that states bluntly that he agreed to no litigation if car was released. He has filed wanting $1399
  14. The customer stated that the repairs did not meet his standards. From what you are saying, I take it that a verbal agreement is not a binding agreement in the state of SC. I have used written "General Release of Liability" agreement in the past and it was in forced. I was under the impression that a verbal release would be as effective. The officers are willing to testify that he made the agreement and video evidence is also available due to a vest camera on the officers.
  15. I own a small auto repair business and recently a customer came to pick up his vehicle that I had repaired. I knew in advance that he had no intentions of paying. When he came, my employee ( I was not present) refused to give him his vehicle. He then called the local sheriffs department and was told he would have to file for a Claim and Delivery or pay to get his car back. The deputy called me and asked what we could do to take care of this situation and I asked him to tell the customer that if he agree to no future civil litigation concerning this matter he could take his vehicle and not have to pay his bill. The officer called back and told me he had agreed. He took the car but subsequently sued anyway? Is this considered a verbal contract and is it viable? The officer has agreed to testify to the fact that he made such an agreement (actually two officers) as well as there being video from the officers vest cam of the customer making the agreement. I am planning to ask the judge to dismiss the case based on this contract. Can I do so?
  16. As I stated in an earlier post, I am being sued for painting a car improperly. The amount initially paid was $650 and I have painted subsequently 3 times in an effort to satisfy the customer who constantly complains about minor details. The last time 10 months after first painting. Each time repainting at no charge. Today we went to court and neither of us had an attorney. The plaintiff told the judge that unless I paid the $6600 he demanded in his claim today he was going to take it to superior court because he would have to hire a photographer and hire more expert witness to validate he claim. This would bring the charges over the legal limit for small claims court in SC. I would like your thoughts and suggestions on what to do next. I believe this if evidence he is trying to fraud me out of money. The judge would not strike the jury since it was no longer his matter. Incidentally as we were walking out of the court room someone in the gallery said "what an idiot". I assume he thought it was me and went back into the courtroom and asked the judge to have me arrested for verbal assault. The judge seemed unimpressed and told him to leave the courtroom .
  17. I am going to civil court on a case I do not believe I will lose. If I do however, can I be jailed if I cannot pay. Also, is there an option of appeal in a case before a magistrate
  18. I as a small business owner of an auto repair shop was recently sued. The merits of the case are extremely weak and when I went to hire a lawyer he refused to take my money because he believes the case has no merit and will be dismissed. I am supposed to be in court today for a pretrial hearing as i understand and to strike a jury. Is it possible that my case can be heard t today by the jury or do they have to be notified first. Is there a possibility of a jury pool already. This is a small rural county and I have never heard of that. I want the option of hiring a lawyer before going to trial if need be.
  19. Subsequent to being served around 8:30 am this morning, I was contacted by phone by the customer. He started off the conversation with no reference of the l law suit and began telling me the car was improperly painted again. I interupted him and told him I had been served that mornng and I was aware he felt the car was not properly painted and he was seeking $6600 in damages. He then responded that he had contacted the magistrate and requested his money back for having me served and asked that they did not proceed with the suit but they refused. I told him that I had already retained an attorney and was prepared to proceed. He again stated that he had overreacted and that he did not wish to proceed. Why do you think he is doing this. Has he contacted a lawyer and was told his case was not worth pursuing? Could he have been told that he could face a possible countersuit? Is this a matter of attempted. extortion? Please give me your opinion of what may be going on and what if anything I should do
  20. I own a small auto paint and body business in SC. About a year ago I was approached by a Limo Business owner to paint one of his cars. He asked for a economy job. We painted the car and we felt it was sastifactory be he disagreed and we agreed to redo the issues he complained about an no charge. He accepted the car with no complaints afterwards. A year later he returned initially with complaints stating that he had requested more repairs but we had told him we were too busy at the time. I do not remember t his. A year past and now over 12 months later he is asking that the car be repainted or for a refund of $400. Although the time frame was lengthy since we had last done work on the car and most of the issues were unrelated to the original work I agree to repaint the car a third time at no cost. Due to losing an employee the work was delayed by about 10 days but completed as he requested. He picked up the car, inspected it with no complaints. He now is suing me for $6600 including costs of completely stripping the car, repainting, cost of expert witness, lost wages, travel and more. My business is a legally formed LLC within the state of SC. Based on the above facts, can I be found personally liable for any settlement should one be granted. How should I proceed and what should my defense be.
  21. I am a small business owner who operates an auto repair shop. About a year ago I had a dispute with a customer who demanded their money back or they would sue. I felt I was in the right and told them to go ahead. Instead they filed a complaint with the sheriffs office stating that I had acted unlawfully. The amount in question was $700. Without investigating the sheriffs office issued a warrant. Apparently the sheriffs office did not act quickly enough so they went to the local TV station and told their side of the story. The TV station went to the sheriff and demanded my arrest or an on air explaination of why I was not arrested.I was subsequently arrrested that day. When the case went to court it was dismissed but the damage was done. They came to my business and filmed and one sided account of what happened. The result of this devastated my business but I worked through it. A few weeks ago I fired an employee who has begun to do things to discredit my business and myself. He is telling untruths to customers in an effort to get them to leave me and go to him. In on instance a customer who was being unreasonable and refusing to pay for work preformed was confronted by this exemployee. He has since called and demanded the entire amount of the advance given for the work refunded although the work has been preformed and more. I have offered in good faith to refund 1/2 but he now tells me he has spoken to the exemployee and been told of my past TV problems. He threatens to do the same if I do not do as he wants. He will bypass the courts and go directly to the court of TV, I am in the right here and this is blatant blackmail but what if anything can I do. I cannot afford to go through this again. I am certain if this were to go before a jury I would win and I feel he does too so he is going directly to the TV station.
  22. I own a auto repair business and rent a shop from someone. We do not have a written agreement and he is claiming I am responsible for all repairs including lighting, hot water, heat, broken windows and more. He recently raised my rent by 40% and will not do any repairs. Due to the cold weather, I suffered an episode of Carbon Monixide posioning and lost feeling and control of my right leg and arm, He still refused to repair the heat system saying it was my responsibility. Are there any basic things the landlord should provide such as heat aand water, What recourse to I have?
  23. The date of the accident was mid July of last year. I was going straight thru an intersection(traffic light) when I was hit in the side from an auto turning right at the intersection. He stated he was distracted by trying to catch a falling cellphone that had begun to ring and fell off the seat due to the turn. He additmited full responsibility. I was not transported from the scene by ambulance but later that day went to my private physician who prescribed muscle relaxers and pain medication. He suggested I contact a lawyer stating it appeared I would need follow up treatment. I contacted a large injury law firm in the state who directed me to physicians and chiropractors who would defer billing until a settlement was reached since I had no insurance. I went to the Chiropractor for 3 times each week for about 3 weeks, twice a week for about 2 weeks and weekly there after. I have over 40 visits to the chiropractor. There was no lacerations or broken bones but a lot of soft tissue damage, muscle strain and bruising of the ribs. Ive not fully recovered and an told I will need follow up treatment for quite some time. Sleep was extremely difficult for a long time. I have reach maximum recovery according to my physicians other than follow up treatment. I am still on pain medication. Total cost of the Chiropractor was over $3500 I hope that answers your questions. If not let me know. Thanks for your help.
  24. Thanks, I do have an attorney but he will not give me a rough estimate. He has only said that he has sent a "package" in for the entire amount of $100,000. the limits of the insured policy.. I am awaiting the response. Ther insured was completely at faukt,My injuries concerned my neck, back and ribs. I was treated by two GP's and a Chiropractor. Addionally, I had expenses of $700 for a CT scan. My travel and prescriptions amounted to approximately $1800 in addition to $5000 in deferrend medical treatment mentioned previously. I am currently unemployed and my attorney says he is not going to claim lost wages since there are none to prove. I was told early on however that medical bills are to be paid off the top, prior to the attorneys part. Now I am hearing differently. I hope this gives you basic specifics of my case. I feel it strange that my attorney will not offer an opinion of a settlement but he just says we will wait and see. Thanks for your help and any information or advice will be greatly appreciated.
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