Prepare a demand letter based upon the fact scenario described in Assignments and Exercises number 3 (page 446), located in chapter 16 of the textbook.
The demand letter should be 750-900 words, describing the facts of the case, relevant law, and why your client should be entitled to the relief sought.
Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is/is not required.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
Thank you
James
Here is scenario of this exercise 3. Page 446 in text book.
1. Mr. and Mrs. Robert Smith contacted a lawyer with the following issue: Their son, Jeffrey turned 18 four months ago. He is a senior in high school, living at home, and will graduate in 5 months. He has a part-time job at a local fast-food restaurant and earns approximately $400 per month, most of which he spends on his car and entertainment. He is not married.
Jeffrey has become a problem for Mr. and Mrs. Smith. He refuses to follow house rules and stays out extremely late. He is causing a great deal of stress at home. The Smiths are demanding that Jeffrey find another place to live, but they want to know if they will be responsible for his support, and if so, how long this duty exists. Assume that the following Family Code section applies in your state: Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances. The duty of support imposed herein continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. (Family Code §3.456) Based on this code section, write a draft of an opinion letter to the Smiths regarding their obligation to support
Jeffrey. 2. Refer to Figure 16-4. Assume that your client, Frank Bennett, contacts your office and tells you that he hired a contractor to measure the fence in question. He presents you with a written report from the contractor, James Hammer, stating that precise measurements were taken and the fence measures 10 feet, 2 inches. James Hammer is a licensed general contractor. Write a demand letter to Mr. Bennett's neighbors, Paul and Marie Vista, demanding that he tear down the fence and pay Mr. Bennett the sum of $5,000 to cover the cost of having the fence measured and for Legal Research, Analysis, and Writing, Fifth Edition by Joanne B. Hames and Yvonne Ekern.
Published by Pearson. Copyright © 2015 by Pearson Education, Inc.
446 Chapter 16 damages destroying your client's view. The Vistas live at 3087 Monteverde Dr.
3. Consider the following facts: Because of uninsured medical expenses, Dora Speckles incurred credit card charges of several thousand dollars. She was also unable to work for several months and was unable to pay the credit card bill. Once her health was restored, Dora found employment in a small business office. However, she was still unable to make payments on the credit card account. The credit card company eventually turned the account over to Collect 'R Else Collection Agency. The collection agency learned of Dora's employment and telephoned her there to demand payment on the account. Dora advised the agency that she was not allowed to receive any nonemergency personal calls and requested that the collection agency not call her at work. Nevertheless, the collection agency continued to call her once a day. After two weeks, Dora was fired. Her employer told her she was terminated because of all the personaltelephone calls. Dora worked as a receptionist for the
Allied Title Company, earning $500 per week. After losing her job, Dora became very depressed, although she cannot afford to obtain medical treatment for this condition. After being unemployed for two months, Dora has finally found another job. Fearing that the collection agency will learn of this employment, Dora sought legal advice. Your law firm has agreed to represent Dora and advised her that she has remedies under the Fair Debt Collection Practices Act. Draft a letter to the Collect 'R Else Collection Agency demanding that it have no further direct contact with Dora, either at home or any place of employment. Also demand damages for their past conduct in accordance with the Fair Debt Collection Practices Act. The relevant portions of the act are set forth as follows: Fair Debt Collection Practices Act: Communication in connection with debt collection
[15 U.S.C. §1692c] (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt- 1. At any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location; 2. if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or 3. At the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Civil liability [15 U.S.C. §1692k] (c) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of- 1. Any actual damage sustained by such person as a result of such failure; 2. (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;
The demand letter should be 750-900 words, describing the facts of the case, relevant law, and why your client should be entitled to the relief sought.
Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is/is not required.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.