- Better Business Bureau Claims and Arbitration
- BBB is a nonprofit organization supported by local businesses. It is dedicated to promoting and fostering the highest ethical relationship between businesses and the public through consumer and business education and voluntary self-regulation. If you have a dispute, the BBB can offer several ways to resolve it. The processes in place are an alternative to going to court. In mediation, the BBB will provide a professionally trained mediator to talk with the parties and guide them in working out mutually agreeable solutions. They will listen to both sides, weigh the evidence presented and make a decision on how to resolve the dispute that is binding the parties if the customer accepts the decision.
- Magnuson-Moss Warranty Act
- The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. It affects both the right of consumers and the obligations of warrantors under written warranties. Congress wanted to ensure that consumers could get complete information about warranty terms and conditions. By providing consumers with a way of learning what warranty coverage is offered on a product before they buy it, the Act gives consumers a way to know what to expect if something goes wrong increasing customer satisfaction.
- Breach of Warranty
- When individuals are harmed by an unsafe product, they may have a cause of action against the persons who designed, manufactured, sold, or furnished the product. In the United States, some consumers have hailed the rapid growth of product liability litigation as an effective tool for consumer protection. In most jurisdictions, a plaintiff’s cause of action may be based on one or more of four different theories: negligence, breach of warranty, misrepresentation, and liability.
- Whether initiated by an automaker or required by the government, recalls are issued to address safety-related defects or problems. The National Traffic and Motor Vehicle Safety Act gives the Department of Transportation’s National Highway Traffic Safety Administration the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet Federal safety standards. Since then, more than 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million child safety seats have been recalled to correct safety defects.
- Lemon Laws
- Generally, if a car has been repaired three to four times for the same defect within the warranty period and the defect has not been fixed, the car qualifies as a lemon. The defect does not have to substantially impair the vehicle’s use, value or safety to be considered a lemon. In most states, 10 different defects during the warranty period does not brand the car as a lemon, but a repair history would likely qualify as a lemon under the Federal lemon law. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt.
- Consumer Bankruptcy
- Bankruptcy refers to a case filed to reduce or eliminate debts that are primarily consumer debts. Consumer debts are debts incurred for personal, as opposed to business needs.If there is no property that can be resold, many of the debts will be discharged or canceled at the end of the bankruptcy case. There are two ways an individual consumer can file for bankruptcy: Chapter 7 and Chapter 13. Once bankruptcy proceedings are started creditors cannot attempt to collect any debt from the individual until the bankruptcy process has ended.
- Chapter 7 Liquidation
- Chapter 7 bankruptcy is often called “liquidation bankruptcy.” This process starts when a petition is filed with the bankruptcy court detailing the individual’s property, debts, and financial situation. The court then appoints a trustee who determines which, if any, of the individual’s property, must be sold off to pay their debts. Much of the individual’s property is not sold. This property is called “exempt” property. Exempt property may include homes, vehicles, personal property, insurance policies, and retirement accounts.
- Chapter 11 Reorganization
- This is the most complex of all bankruptcy cases and generally the most expensive. It is available to individuals, corporations, and partnerships. It has no limits on the amount of debt as chapter 13 does. The debtor usually remains in possession of its assets, and operates the business under the supervision of the court and for the benefit of creditors. The debtor in possession is a fiduciary for the creditors. If the debtor’s management is ineffective or less than honest, a trustee may be appointed.
- Chapter 13
- Chapter 13 bankruptcy allows an individual to pay off their debt over time. The process starts when the individual files a petition with the bankruptcy court. This petition includes a complete list of all the individual’s debts and assets. Additionally, the petition must include a payment plan that describes how the debt will be paid off over the next three to five years. The court then appoints a trustee who will review the payment plan. The trustee has the power to approve or reject the plan. Once the plan is approved, the debtor must make monthly payments to the trustee, who will distribute those payments to the creditors as laid out in the payment plan.
- Business Formation
- Business formation is often the first major step for entrepreneurs establishing new companies. We can help you get a solid business structure in place so that you can provide your organization with the best possible chance of success. Entrepreneurs are not afraid to take risks, but it is still a good idea to nail down your business structure prior to launch. If you are ready to structure your business, we can walk you through the steps. Once that’s done, you can start lining up the details of your taxation and record-keeping.
- A business contract is an agreement between two or more people or groups that creates a legal duty or responsibility. Think of a contract as rules of a game: It gives everyone involved a clear definition of his or her end of the bargain and sets up parameters with specific instructions for the business relationship. All business contracts should include fundamentals such as the date of contract, the names of all parties involved, payment amounts and due dates, contract expiration dates, potential damages for breach of contract, missed deadlines or incomplete services.
- Conciliation Court
- This is also known as “small claims” court. General claims of $15,000 or less can be filed in Conciliation Court. Once you file a claim, you cannot later file another claim for more money related to the same events. Conciliation Court procedures are easier to follow and the filing fee is lower than at the District Court Level. A person does not have to have a lawyer in Conciliation Court, but it will help to talk to a lawyer to get advice about how the law applies to the facts of your case.
- A false representation of a matter of fact whether by words or by conduct by false or misleading allegations or by concealment of what should have been disclosed that deceives and is intended to deceive another so that the individual will act upon it to his or her legal injury. Fraud is most common in the buying or selling of property, including real estate, personal property, and intangible property such as stocks, bonds, and copyrights.
- Personal Injury
- In a negligence claim, the plaintiff must show that the defendant was at fault for his or her injury. Negligence describes a situation when someone accidentally does something wrong, which causes someone else to get hurt. A person can be held liable for any damages they cause through their careless behavior. It can be as simple as forgetting to lock your front gate and letting your dog run free and attack someone or it could be a much more complicated series of events to unfold. Defendants in personal injury suits often try to disprove an element of the plaintiff’s negligence case. In addition to disproving an element, there are a number of other defenses including comparative fault and assumption of risk.
- Intentional Torts
- There are several common types of intentional torts. Fraud, misrepresentation, slander, libel, and false imprisonment, and sometimes a wrongful death claim can arise from the commission of an intentional tort. Many intentional torts are also crimes. The difference between the two is subtle but very important. A tort, intentional or otherwise can result in a civil suit. This is a lawsuit brought by one private citizen against another.
- Assault and Battery
- An assault is an intentional act that places another person in apprehension of harm, whether or not harm actually occurs. Raising your fist to another person in anger even if you don’t throw a punch may be an example of assault as long as the other person actually believes they are in danger of being hit. Battery is the next step. You’ve committed battery if you throw and connect with the punch. Battery is defined as harmful or offensive contact with the body of another.
- Intentional Infliction of Emotional Distress
- This involves some kind of conduct that is so terrible it causes severe emotional trauma in the victim. In such cases, the victim can recover damages from the person causing the emotional distress. Not all offensive conduct qualifies as intentional infliction of emotional distress. If the behavior is extreme or outrageous conduct that intentionally or recklessly causes severe emotional distress and possible bodily harm it satisfies the elements of emotional distress.
- Before you demo the first wall of your next construction project or renovation, sign a construction contract to protect yourself in case of delays, cost overruns or other general mishaps. If you are hiring the contractor or construction firm, customize the document to outline how weather delays and material shortages are handled, when and how much you will be paying for this service and when you want the workers to show up each day.
- Real Estate
- Ready to make an offer on the home of your dreams? Keep in mind that a written and signed purchase offer can bind both you and the seller. Whether it is called a contract to purchase, an offer, binder, or earnest money agreement, you can be held to your offer once it is signed by the seller. If you leave anything out and the seller accepts and signs the contract, you are out of luck. That’s why your purchase offer must include every detail and aspect of the sale.
- Loan Agreements
- Loaning or borrowing money is a big decision for everyone involved. Whether you are doing the lending or you are the one who needs a little cash infusion, a loan agreement can prevent misunderstandings and disagreements by clearly setting down the terms of the loan and repayment. Use a loan agreement if you are loaning money to someone and want to set out the terms, if you are borrowing money from a private party and want to outline the terms, if you wish to prepare an amortization table if the loan will include interest, and if you wish to determine the monthly payment around on the loan agreement.
- DWI and DUI
- Both DUI and DWI refer to the illegal act of driving a vehicle while impaired by alcohol or drugs. The main difference lies in what the letters mean. DUI is driving under the influence while DWI refers to driving while intoxicated. There are certain conditions that must be met in order to reduce a DUI charge to a DWI. It must be a first offense and the driver’s BAC may not be excessively over the state’s legal limit. We can help!
- Drug Possession
- Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, club drugs, and heroin. These laws also criminalize the possession of precursor chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be considered simple possession while possession of large amounts may result in a charge of presumed possession with intent to distribute.
- The term theft is used widely to refer to crimes involving the taking of a person’s property without their permission. Theft has a very broad legal meaning which may encompass more than one category, and multiple degrees, or crimes. Theft is often defined as the unauthorized taking of property from another with the intent to permanently deprive them of it.
- Generally refers to the theft of merchandise from a store or a place of business. Shoplifting is a type of larceny, which simply means taking the property of someone else without their permission, and with the intent to permanently deprive the owner of the property taken. Though states may punish shoplifting under their general larceny of theft statutes, many states have enacted statutes to specifically address shoplifting.
- Domestic Abuse
- Domestic violence is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting. It can take on a number of forms including physical, verbal, emotional, economic, and sexual abuse which can range from subtle, coercive forms to violent physical abuse. We all make mistakes! If you need representation we are here for you.
- No Contact Order Violations
- Assault and Battery
- Disorderly Conduct
- Probation and Parole Violations
- Felon in Possession of a Firearm
- Writs of Execution
- Financial Levies
- Wrongful Termination
- Severance Agreements
- Unemployment Insurance Compensation Claims and Appeals
- Sexual Harassment
- Hostile Work Environment
- Breach of Contract
- Wage and Hour Violations
- Family and Medical Leave Act (“FMLA”)
- Fair Labor Standards Act (“FLSA”)
- Title VII Claims
- Non-Compete Agreements
- Social Media
- Employee Retirement Income Security Act (“ERISA”)
- Consolidated Omnibus Budget Reconciliation Act (“COBRA”) Health Insurance Coverage.
- Whistleblower Violations
- Employer Retaliations
- Employment Taxes
- Employment Investigations
- Uncontested Divorce
- Legal Separation
- Alimony/Spousal Maintenance
- Child Custody
- Child Support
- Visitation/Parenting Time
- Indian Child Welfare Act
- Children Relocation
- Same-Sex Marriage and Divorce
- Child Kidnapping
- Property Division
- Third-Party Custody Rights
- Grandparent Visitation Rights
- Paternity and Parental Recognition Orders
- Prenuptial Agreements
- Postnuptial Agreements
- Domestic Violence
- Orders for Protection
- Harassment Restraining Orders
- Foster Care
- Child in Need of Protection Services (“CHIPS”)
Real Estate and Property Law:
- Real Estate Transactions
- Purchase Agreements
- IRC 1031 Exchanges
- Landlord Tenant
- Quiet Title
- UCC Article IX
- Tax Controversy
- I.R.C. 1031 Exchanges
- Employment Taxes
- Estate Tax
- Health Care Directives
- Power of Attorney
When you or your spouse first utters the “D” word, it is natural to become overwhelmed with emotions. But that is not the time to do something rash and regretful, or to delude yourself into thinking you have total control over the situation. It does not matter whether you or your spouse initiates a divorce. You should consult an attorney immediately because it is imperative you proceed with guidance under the divorce laws and not on your emotions. Without proper legal guidance, you and your children might be left with a result you will live to lament.
Too often spouses have the mistaken belief that contacting an attorney means initiating a divorce action and ending the marriage. Not true. Some attorneys quickly secure a retainer from their clients and file a petition for divorce, but Tripp Law Office, PLLC does not take this approach. The firm wants to know what your intentions are with your marriage and to advise you how best to achieve it under the law before initiating a legal proceeding. Mr. Tripp provides a free initial consultation, the purpose of which is to counsel you on your options prior to litigation and to help you understand the process and consequences of a marital dissolution action.
In Minnesota, a divorce is a comprehensive procedure that handles the division of marital property, child custody, child support, and spousal maintenance/alimony all in one proceeding. Tripp Law Office, PLLC knows how all the moving parts to a divorce operate. The firm uses it experience and knowledge of the law to maximize the available benefits to the client.
Child custody is one of the most sensitive areas of law given that children’s lives are affected in each case, sometimes profoundly. The courts are ultimately concerned with the best interests of the children involved in a child custody proceeding. But there are other parties that may have an interest as well, including the child’s parents, siblings, relatives, or even the state. A party seeking custody of a child needs to know what an interested party’s rights are respecting the child. This is never a black and white issue.
There are two types of child custody: legal and physical. But a child’s custodian may have a variety of custodial rights over a child. If you are uncertain about your rights, you should contact Tripp Law Office, PLLC. Mr. Tripp provides a free initial consultation to determine what your objectives are, explain the child custody legal process, and provide a preliminary analysis of your case.
Children need to be loved and have contact with their loved ones. Tripp Law Office, PLLC will represent anyone whom wants what is best for his or her children.
Child support payments are crucially important to a parent regardless if he or she is the obligor (the parent paying child support) or the obligee (the parent receiving child support). If an award is too burdensome on one parent, it can result in the nonpayment of child support and the accumulation of arrearages. Failure to pay child support timely and in full can have serious criminal and civil consequences.
Child support awards in Minnesota are mostly governed by statutes, which employ “guidelines” for the courts to follow. The guidelines are built to consider several factors in determining a monthly child support payment. Some of these factors include spousal maintenance/alimony, child custody, the respective incomes of the parents, and medical and dental insurance coverage available to the children. Ultimately, the court is concerned with the welfare of the child when it determines how much child support an obligor should pay per month. However, judges have the discretion to deviate from the statutory guidelines. Depending on the facts of your case, a deviation from the child support guidelines may be warranted.
Whether you are the obligor or the obligee, it is imperative that you consult with an attorney familiar with the nuances of Minnesota’s child support laws in any family law matter. Tripp Law Office, PLLC has knowledge and experience with Minnesota’s child support laws and legal process. The firm provides a free initial consultation, so do not hesitate to contact us regarding your child support questions.
After child custody is determined, a parenting time arrangement will be awarded to the parents. Parenting time plans should be carefully crafted to avoid future conflicts between the custodial and noncustodial parents. Too often parties in a child custody case use vague and ambiguous terms that inevitably lead to confusion or disputes. Tripp Law Office, PLLC avoids such problems by carefully crafting detailed, yet concise, parenting plans that reflect the unique circumstances of both parents as well as the children. The firm’s aim is to avoid misunderstandings and quibbling for the sake of you and your children. In doing so, Mr. Tripp will work closely with you to best ensure you attain a parenting time plan best suited for your particular situation.
The Indian Child Welfare Act (“ICWA”), 25 U.S.C. §§ 1901–1963, was enacted by Congress in 1978 to prevent the diffusion of Native American children away from their families and cultural heritage. Among other things, ICWA raises the standard for a non-Native American to obtain custody over an “Indian Child.”
If you have a child custody case in which ICWA applies, it is imperative you have an attorney familiar with ICWA as well as tribal laws and procedures. Tripp Law Office, PLLC has experience litigating ICWA cases, working with Minnesota Tribal Communities, and representing Native Americans in court. The firm will use its experience to help secure a beneficial custodial arrangement compliant with Federal, State, and Tribal laws.
For obvious reasons, uncontested divorces/dissolutions are the most favorable for all parties involved. When parties are able to set aside their emotions and resolve a divorce amicably and fairly, it typically means both parties are acting rationally. The positive effects of this cannot be overstated. These include less remorse and anxiety, happier children, streamlined proceedings, and substantially reduced litigation costs.
However, divorcing couples frequently fail to appreciate how to accomplish their ultimate objectives. This can lead to needless strife and an overall less desirable outcome. Tripp Law Office, PLLC counsels each client contemplating or proceeding with a divorce on how to minimize the amount of conflict without conceding the clients’ rights and goals. The firm strives to provide creative, practical solutions to problem solving.
Mr. Tripp provides a free initial consultation to every client whether you are looking for a family attorney, an employment attorney or need other legal assistance. Let Tripp Law Office, PLLC analyze your case and suggest a legal course of action to pursue your objectives.