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Legal Brief Writer, Pro Se Assistance Michael A. S. Guth

Dr. MICHAEL A. S. GUTH
Attorney at Law
Ph.D. (Economics), J.D. Univ. of Tenn.
Licensed in Tennessee since 1998
send e-mail
(E-mail is quickest method of contact).
Hours: Monday - Friday: 9:30 AM  - 6 PM,
Saturday & Sunday 1 PM - 6 PM.


  116 Oklahoma Ave.
  Oak Ridge, TN
  37830-8604
  Phone: (865) 483-8309


FREE LEGAL ADVICE GIVEN IN THE PAST

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=956042085

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Category: Consumer Law

Location: TN

Subject:  Is it Fraudulent

 

Im in California, I purchased gemstones from Tennessee, on a tv  shopping network..They advertised them as top of the line stones, worth 1299.99, there were two, but when I took them for appraisal. The gemologist said, they were garbage.The lowest quality,  and worth nothing compared to purchase price. On the tx they showed grade A, but I received grade z. On both. What should I do??

 

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=263182608

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Category: Consumer Law

Location: TN

Subject:  Re: Is it Fraudulent

 

I hope you were smart enough to pay for gemstones with a credit card and not with cash or money order.  If you did the former, then contact your credit card company immediately and contest the payment.  If you did the latter, then you can file complaints with a dozen different fraud websites on the Internet.  If you want to sue the company for fraud, you can do that.  However, you would likely have to represent yourself Pro se (without a lawyer), because the cost of legal fees would outweigh the value of your fraud losses recovered in the suit.  For Pro se assistance, go to http://michaelguth.com/prose.htm

 

 

 

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=369704305

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Category: Consumer Law

Location: TN

Subject:  car repairs

 

I am serious about taking a shop mechanic to small claims court for not fixing my vehicle.  I paid $795.74 to have what ever they identified as needing to be fixed.  I picked up my car and discover after about 4 blocks of driving that the same problems existed.  Upon struggling home with my car, I notifies the car dealer mechanic about my problems.  Now they are asking for $161 for original Honda parts for my Honda Accord LX, 1993 to replace new off brand spark plugs and wires that were put on my car this past Feb 04.  I believed I have a case because my car is still not working due to their misdiagnosis and now they are still guessing and the only excuse they are providing me is to replace new sparks plugs and wires for Honda original parts.

 

 

please advise.

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=960112064

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Category: Consumer Law

Location: TN

Subject:  Re: car repairs

 

At present, it is your word against a mechanic's, and a judge will assume a mechanic knows more about cars than you do.  Therefore, you need to generate evidence by having the mechanic specify in writing that he wants to change your spark plugs and wires.  Then you will need to have written proof that you installed new ones in February.  Next, you will have to take the car to another mechanic and have the new mechanic specify in writing (1) what is wrong with the car, and (2) whether a reasonable person as a mechanic would have discovered that problem with the last inspection.  Winning a court case involves which side can put on more persuasive evidence.

 

Mike Guth

 

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=947929082

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Category: Computer & Technology Law

Location: FL

Subject:  Illegal us of custom software

 

6 months ago, a former client of mine requested that I create a custom content management system for one of his clients. The program was completed in the same month, less any added revisions that he requested after the project was completed. The project was put on hold for revisions and some additional ecommerce setup that needed to be added in due to my client's client disappearing for a while. 6 months after the fact my former client now refuses to pay for the services rendered and I was informed he will be using the custom programming I had done for him anyway even after I requested that he either pay for the programming that was done or remove the code from his server. He has decided to do neither. I do have a full copy of the code that was programmed on cd as well as samples of previous work that can prove that the code was from the same programmer I use. I also have a statement that proves that i personally paid my programmer $300 for this code that my client refuses to pay me for. I am told that my former client's client has recently returned and they will be using our code on the client's new server. Is there something that can legally be done about this?

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=482762281

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Category: Computer & Technology Law

Location: FL

Subject:  Re: Illegal us of custom software

 

You don't mention anything about having a written contract for this work.  Unfortunately, if you try to sue without a written contract, the case will likely to deteriorate into a "sworn under oath" match between the two parties.  If you want to scare your former client, then you can file suit against him in small claims (General Sessions) court for the county where he is located.  However, the court filing fee is about $120, so you might be adding to your losses -- including time spent on the case and waiting to appear in court.

 

 

 


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=442388272
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Category: Education Law
Location: NE
Subject:  Ordinary Person Test

What is the ordinary person test?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=654721685
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Category: Education Law
Location: NE
Subject:  Re: Ordinary Person Test

You need to provide more context for your question.  Tennessee, like most states, uses a "reasonable person test" to determine if dangerous conditions were foreseeable in the torts area.  Perhaps if you provide more detail about where you came across the ordinary person test in the context of education law, a Nebraska lawyer will be able to answer your question.




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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=12829292
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Category: Education Law
Location: WV
Subject:  Refuse to change my son's teacher

My son is in the 7th grade and next semester will have this teacher for Art. I have requested him have another teacher but the board tells me that she is the only teacher in that school who qualifies to teach Art. And that it is manditory he have it.  I do not want him to have this teacher.  She and I have had it out more than once over my daughter. She is one of those verbally abusive teachers who degrades and puts children down. She has hurt my daughter more than once.  I don't want her to have the opportunity to hurt my son.  As sure as I am sitting here she will try because she knows that is the only way to get to me is through my children and that myself and other parents have been to the board but she is never repremanded.  Is there anything I can do?  The board knows the things this woman has done but yet they back her. Please, is there anything I can do?  How can I protect my son?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=113624076
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Category: Education Law
Location: WV
Subject:  Re: Refuse to change my son's teacher

I can only comment on federal law.  If you are dealing with a public school system, then you have due process rights -- both substantive and procedural -- under the 14th Amendment to the U.S. Constitution.  Are you smart enough to learn about the law on your own and file a lawsuit against the school system?  At this point, you don't have much to lose from pursuing litigation -- aside from the court costs.  The fact that you have a personal grievance does not disqualify the art teacher.  You would need documented evidence and students with the tenacity to testify in court as to her abusive and demeaning manner.  If you don't have that kind of evidence, then it amounts to a personal grudge against this particular teacher.  In that case, I would not recommend filing any suit.  You can find out what non-legal administrative remedies you have -- whoever licenses her as a teacher must have a grievance process or your local school superintendent.  If you pursue an administrative grievance at the start of the semester, she will probably leave your son alone out of fear that what she says might show up at the grievance hearing.

Mike Guth
http://michaelguth.com/prose.htm


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=806501816
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Category: Credit, Debt and Collections Law
Location: TN
Subject:  student loan

I defaulted on a student loan.  But UNIPAC sent me a letter stating that my loan was paid in full.  I know techinally it is not ethical to dodge a debt, but can I get out of my default status with this?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=838192598
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Category: Credit, Debt and Collections Law
Location: TN
Subject:  Re: student loan

UNIPAC sent you a letter saying your loan was paid in full in error.  Therefore, it is possible that UNIPAC will send you a subsequent letter saying that they found their error.  The letter you are holding provides justification in not making further payments on your student loan until the matter is clarified.  However, once corrected or clarified, UNIPAC may try to charge you interest saying that you should have reasonably known you still had a defaulted student loan.  An error by the loan administrator will not extinguish your debt obligation; however, it may buy you some time to try to earn enough income to repay the loan.  If the loan administrator does not catch the error within six years, then arguably the statute of limitations will run on the breach of contract (failure to repay a loan as per contract) cause of action.