Lawyer may be needed to recoup payment to tutoring company
Q: I allowed a tutoring company to charge my credit card $2,000 for tutoring services at one of its franchises. Every timemy child visited, $50 was deducted frommy $2,000 “bank.” We didn’t use the entire amount, and the tutoring company refuses to refund the remaining $1,500 balance. There was no contract. The only proof I have ismy credit card statement. Should I sue in small claims court?
A: You should meet with an attorney, preferably one who is board certified in consumer and commercial law.
You can find one at www.tbls.org.
You may have remedies which include multiples of your damages, plus attorneys’ fees. Attorneys will work on a matter this small when there’s a good chance they’ll get paid by the defendant.
One of the questions you should ask your attorney is whether you should handle the case yourself in small claims court.
Q: The walkway from the sidewalk tomy house has a big crack, with one end lifted up at least three inches. It is caused by tree roots. I have called my tree guy who says this is a major root, so I cannot take it out. If someone trips on it and gets injured, what ismy
potential liability? A:
If you search the words “slip and fall “or “premises liability attorney,” you’ll find plenty of law firms in the business of suing the property owner where injuries occur.
The reason is that you can be held liable, or your property insurance carrier might be will
ing to settle the case on your behalf for a significant amount of money.
You could try to repair the sidewalk yourself, but you might want to hire a company to install an entirely new walkway, or at least a new section of the walkway.
Don’t overlook the fact that you or a member of your family might trip on the giant crack. It may be worth fixing for that reason alone.
Q: My wife and I own a second home, and the
mortgage is in both our names. Our oldest son and his family have lived there for seven years. They have poor credit and can’t get a loan themselves. What happens to the mortgage if both of us should pass away? Would our son have to try to obtain a loan to have the house placed in his name?
A: If you leave the home to your oldest son, and he continues to live there, then he will be allowed under federal law to assume your mortgage without having to seek his own financing.
Of course, if he misses one or more payments, he might find himself in foreclosure proceedings.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase @lipmanpc.com.