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Found 2 results

  1. Back brother has an internet business. He signed a 3 year contract in 2004 with a guy for purchasing T1 equipment for his business. The guy is in Connecticut. They did business over the years, and the guy was paid as they went. The last time they did any business was 2012 for a piece of equipment. My brother admits he still owes the guy roughly 5000.00, but he is not sure because the guy would never send him an invoice after repeated requests. Come sept. 2013 the guy sends him a bill totaling over 40,000. In the invoice he sent the guy has over 20,000 in charges for emails. He went back to 2004 and charged 125.00 for every single email he ever sent or received from my brother. Other charges were added for various things to inflate the total price. My brother told him he was crazy, he wasn't paying that and if and when he would send a proper invoice, he would cut him a check. Fast forward to December 2013. He gets a letter from an attorney (who happens to be the guys girlfriend) telling him to pay the requested 40,000 or she will file civil and criminal charges against him. (Yep criminal charges right there in black and white on paper). My brother ignored her letter. This month ( finally getting to the point here, lol) she files with an arbitrator in Connecticut, serves him with it, and tells him to pick one. Of note...this lawyer is only licensed in New York , and California. I told my brother she can't do that, you are not in Connecticut for one thing, and she is not licensed there for another. Questions... 1. the original contract states any disputes would be handled in Connecticut, but sol on a written contract here in colorado is 3 years, and 6 years in Connecticut. So it has run, correct? 2. Can an unlicensed in that state lawyer do arbitration in that state? I am thinking no. 3. Oral contracts are 3 years in Connecticut, and 2 years in colorado. Since the last time any money changed hands was august 2011, if it changed to oral contract, would that sol have ran? He has admitted to owing the guy in emails around 5 k which is what he was willing to pay, but has not since the guy would not send him the invoice for work done until he received the inflated figure of 40k+. 4. My brother has until June 9th to respond, he has hired a lawyer, but I'm not sure he is well versed in contract law. He specializes in telecommunication law. He was going to file a motion to quash vs a motion to dismiss for lack of jurisdiction, what is your opinion? 5. Should my brother report this lawyer to the AG, and if so, which states? Thanks in advance, I know a lot of you are much smarter than I when it comes to things like this. He doesn't want to get out of paying the 5 grand, but I told him if the guy is going to be an a$$ he should spend that 5 grand on the lawyer and consider him paid.
  2. Won my case against Midland Funding and waiting for the notice of entry of dismissal. Meanwhile I wanted to get feedback from this group on legal declarations. One of Midland ' legal Specialist sent Declaration in Lieu of Testimony averring [falsely and fraudulently] personal knowledge of the acts and events contained therein. Attorneys are listed on the cover page, however, only the legal Specialist signed the un-notarized document. Some wags have interpreted the legal specialists preparing the Declarations as an unlawful practice of law. I would be interested in getting the opinion from the Credit info board. Debt Warrior