Ask Your Attorney
How Can I Settle Up With A Creditor ?
Dear Counselor: I recently hired a handyman to do some painting for me. I bought the paint, and he did the painting. The problem is that he sent me a bill for his work that I feel is way out of line. I called and told him that I wanted to pay him, but not overpay him. He said he’d see me in court. Do you have any suggestions?
Dear Client: If you have a figure in mind that you think is fair for the painting that was done, don’t waste time getting into an argument over the phone, or worrying about what he’s going to do. Send him a check for the amount you think fair, and maybe even a bit more. On the face of the check (not on the check stub), write: “Payment in full for painting services rendered.” Always be very descriptive of exactly what you are paying for. If your painter decides to accept payment, and deposits the check, the law treats this as an “accord and satisfaction” and he cannot thereafter legally collect more. This is an easy solution when relatively small amounts due are being argued over. In cases involving a lot of money, the compromise of a disputed claim is often carried out through payment, in return for a written Release. But in everyday situations, you can make payment, and if you write “payment in full” on the face of your check, and describe for what, the creditor cannot take your check and still claim more is due.
Sincerely,
John Maier Jr.
Anthony A. Coletti
Whether My Mother Will Be Evicted Because Of Her Dog?
Dear Counselor: My elderly mother recently lost her hearing and would benefit greatly if she could have a trained dog to let her know when someone is at the door, and things of that nature. BUT, she lives in a complex that has a "no pet rule". She doesn't want to be evicted, but needs help. Is there anything we can do?
Dear Client: This is actually a pretty common question. Frequently, having a trained "service" animal can mean a world of difference in the quality of life to their owner. If there is a "no pet rule" where your mother lives, just because it sounds final, doesn't mean that it is. The Federal Fair Housing Act requires "reasonable accommodation" and this applies to trained service animals which assist their masters with their disability. You can help your mother by contacting the board or management company at your mother's complex, and providing them with information concerning your mother's disability, together with a letter from her doctor explaining her need to have the trained dog with her. They will then be able to allow her to have the dog as a qualified accommodation under the Act. Best of luck to you, and let me know if you need any further help.
Sincerely,
John Maier Jr.
Anthony A. Coletti
Whether You Must Verify Employment Eligibility?
Dear Counselor: My husband and I operate a business which has done well, and we are now ready to hire our first two employees. We wondered whether we have to verify the citizenship or legal right to work of these new employees. How do we do that?
Dear Client: Yes, you must ask your new employees to present certain original documents to establish their eligibility for employment. The Immigration and Nationality Act requires employers to review these documents, such as a passport, driver's license or State ID card, voter's registration card, social security card, US Military card, or an original or certified copy of birth certificate. Just like most things involving the government, there is a form to be used. It is the "Form I-9, Employment Eligibility Verification" form, which can be obtained pretty easily by downloading it from the internet. You not only must fill out the form, but also must retain it just in case the government wants to inspect it. There is no filing fee for competing it, but if you ignore these requirements, you can be fined or otherwise penalized. When in doubt, call us, and we'll guide you through the process.
Sincerely,
John Maier Jr.
Anthony A. Coletti
About Firing Your Attorney!
Dear Counselor: My widowed sister just can’t get work with the attorney her husband had used for many years. She believes he has charged her too much, and doesn’t believe his bill is fair. But she doesn’t know what to do, and she is afraid he won’t return her legal documents and papers if she goes to someone else. What should I tell her to do.
Dear Client: The relationship between an attorney and client is one built on trust and confidence. Without that, it is difficult, if not impossible, to work with that person. Attorneys know that, and in life, personalities sometimes simply clash. Your sister should advise the attorney in writing that his services are no longer needed, and that he should return her file to her. Attorneys are prohibited from withholding a client’s file when it has been requested, and a failure to return it is a common ground for the lawyer to be disciplined. Hence it is unlikely the lawyer would try to hold the file hostage to payment of his bill. Your sister’s file belongs to her, and is entitled to it -- even if she still owes the lawyer money. As far as the unpaid fee, if your sister and the lawyer can not agree upon what is fair, the State Bar of Wisconsin has a fee arbitration program which has been set up for exactly this type of dispute. Your sister needs only go on-line to the website maintained by the State Bar of Wisconsin, and the forms to request fee arbitration are right there. A final piece of advice, however, is that your sister may first want to simply suggest to the lawyer what she thinks is fair, and offer to pay that. Most lawyers really want to please their clients, and not end up in a dispute. So, they are often willing to discount the fee to avoid further problems.
Sincerely,
John Maier Jr.
Anthony A. Coletti
About Adverse Possession
Dear Counselor: A few years ago, my husband and I had come back from vacation to find that our neighbor had built a fence between our backyards. It looks nice, but he built it more than ten feet on our side of the lot line. We've asked him about it, but he said he couldn't do anything now -- that moving it would be too costly for him. We are wondering what to do. We've avoided the issue ever since, but are concerned about our property rights.
Dear Client: When clients come to us with this kind of a problem, we tell them that they are dealing with what lawyers call a case of "adverse possession". If you aren't careful, after a certain period of time goes by, you could legally lose your right to that part of your property that has been fenced in by your neighbor. Usually, that takes 20 years, but under some circumstances, it can be as little as 10 years. You could find out that title to that strip of property has passed to your neighbor, and you have lost your rights to make him move the fence! When dealing with a residential lot, losing land area like that could mean that your home is now sitting on a lot that is less in land area than the zoning ordinance requires, or that your home now technically is too close to your new lot line than what the zoning laws require. You need to stop worrying about being polite, and protect yourself. In may instances, a written agreement can be recorded that states that your neighbor realizes his fence encroaches on your property, but that you are permitting it for the time being -- subject to your future right to make him move it back. You can be a nice neighbor without losing your property rights. You need to talk to your lawyer right away.
Sincerely,
John Maier Jr.
Anthony A. Coletti
To learn more about this topic, or to submit a question for a future column, please contact us. We look forward to hearing from you.