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Questions and Professional Answers

Questions and Professional Answers

  • Hold Harmless Form

    How much would I be liable if my ex-fiancee signs a hold harmless doc. for me because we have a 2007 Mustang titled under both of our names. He is keeping the vehicle. What is the best way to take me off without him refinancing?
    • Re: Hold Harmless Form

      No. Only the creditor can release you from the debt.

      Andrew Casanave
      Andrew M. Casanave
      P.O. Box 641
      Lake Charles, LA 70601
  • Hold Harmless Release Forms

    If a student's parent signs a hold-harmless release and the student is injured on the trip is the business that had the form actually protected?
    • Re: Hold Harmless Release Forms

      Not sure what you mean by the "business that had the form". Hold harmless releases are a cost-shifting mechanism that attempt to contractually disclaim liability for negligence, which really cannot be done, and parents cannot waive the CHILD's ability to sue for injuries caused by another party.I don't have nearly enough information to say anything else here, but don't hesitate to ask for a referral if your child is injured.Hope this helps. Elizabeth Powell

      Elizabeth Powell
      ELizabeth Powell PS Inc
      535 Dock Street, Suite 108
      Tacoma, WA 98402
  • Hold harmless clause

    In my divorce decree it states a ''hold harmless clause with a mortgage we took out thru the SBA'' how can the attorneys still go after me and put my name in the newspaper as 1 of our houses is going thru foreclosure? I have been divorced now for 4 years and my name is no longer on the house?
    • Re: Hold harmless clause

      The lender was not a party to the "hold harmless" and did not agree to hold you harmless. Only a party who signed the agreement can be held to it. In other words, your husband is responsible for paying costs, etc, and you have to go after him.

      John Steele
      Steele Law Firm
      161 N. Clark Street, Suite 4700
      Chicago, IL 60601
    • Re: Hold harmless clause

      You were or are in title at some point. You may also still be on the note. Hold harmless means that your ex would cover any fees costs or judgmentemail joe@michelottilaw.comweb www.michelottilaw.comblog blog.michelottilaw.com

      Joseph Michelotti
      Michelotti & Associates, Ltd.
      1200 Jorie Blvd. Suite 329
      Oak Brook, IL 60523
  • hold harmless clause

    If a person signs a contract which indemnifies and hold harmless a club on a rental, can that person be held liable for a injury which occurs because of negligence on the clubs part from a leaky faucet?
    • Re: hold harmless clause

      A hold harmless clause usually deals with vicarious liability, not first party responsibility. It is impossible to say without reading the agreement.

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
  • ''Hold Harmless'' clause

    I'm preparing a General Release and was asked to include a ''Hold Harmless'' clause. What is the correct wording for this?
    • Re: ''Hold Harmless'' clause

      ok here you go..in most cases..."[Party] agreees to indemnify and hold harmless [other party] for all.....(whatever)...arising out of....Any questions, feel free to contact me at 845-878-2163 or at Groezinger@Law.com.Good LuckRRG

      Robert R. Groezinger
      GroezingerLaw P.C.
      P.O. Box 23 - Patterson, NY
      Mid-hudson Valley + Nyc, NY 12563
  • Hold Harmless Agreements

    Our church is using the facilities of another church. They want us to sign a Usage and Hold Harmless Agreement. Our objection is the agreement says nothing about them having to exercise due diligience to maintain the property in a secure and safe condition - it just says we will hold them harmless for anything that might happen while we are using the facilities. Do these agreements have any real effect if we could prove they did not maintain the property in a secure and safe manner? thank you
    • Re: Hold Harmless Agreements

      Do agreements have 'real effect'? If they didn't, you wouldn't be worried about the details. You need to negotiate an appropriate agreement with all the terms necessary to protect both sides. That's how it's done properly. Feel free to contact me if you want professional help doing so.

      Terry A. Nelson
      Nelson & Lawless
      2134 Main St., #130
      Huntington Beach, CA 92648
  • What does Hold Harmless Mean?

    Ex-wife Changing custody agreement because she is moving out of state. Had some papers drawn up by her attorney. Just concerned about what ''Hold Harmless'' means in the context of the paperwork. Does it mean that I have to pay for legal fees of my Ex-wife Now and any further legal action?
    • Re: What does Hold Harmless Mean?

      It is impossible to answer your question with reviewing the documents. Consult with a local attorney.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043
    • Re: What does Hold Harmless Mean?

      I would have no idea what it means in the context of your agreementw ithout reviewing it. I doubt any other lawyer would, either. Generally speaking, "hold harmless" means one will not hold the other liable for certain acts or damages. But in the context of your agreement, I have no idea.

      Wayne Wisong
      Wayne Wisong, Attorney at Law
      115 Perimeter Center Place
      Atlanta, GA 30346
    • Re: What does Hold Harmless Mean?

      Hold harmless language usually would relate to future litigation, sometimes over debts. There is no way to answer the question without reading the whole agreement. It's pretty inexpensive to get a document reviewed by our office, and in the case of a domestic agreement, it would be foolish to sign one without doing that. You'll find contact information for our office, should you wish to do that, at www.glenashman.com .

      Glen Ashman
      Ashman Law Office
      2791 Main Street
      East Point (metro Atlanta), GA 30344
  • hold harmless form

    what form is commonly referred to as 'hold harmless'? I need to provide one to an Police Dept. to obtain a release on a vehicle at an impound facility, being the legal owner of the vehicle which is registered to the customer we sold it to while he is incarcerated.
    • Re: hold harmless form

      The words "hold harmless" are used so often in legal document writing (contracts, mostly) that the words don't describe a particular document any more than "Merry Christmas" refers to a particular greeting card. Someone at the Police Department should be able to furnish you with an example of what they want. There may be some language or even a suggested or required form in one of the PD's procedure manuals. Ask a higher ranking officer (Lt. or Captain) if necessary.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318
  • ''hold harmless'' wording in property settlement

    My husband & I are trying to buy a home. Because he is still on the mortgage of his ex-W home(she will not refinance),we are unable to do so. (Divorce final in 1996)The property settlement provides that he relinquish all right and interest in and to the property(he signed over the deed in '96), but it does not say she must refinance. It does, however, provide that he be held harmless & able to enjoy the lifestyle to which they were accustomed to during their marriage (wording included below). Because she has been late with payments (as recent as 11-04) and will not refinance, he is not being ''held harmless'', nor able to ''enjoy...'' His VA eligiblity is also tied up in that mortgage. I know I'm reaching here, but is there anything we can do? Thanks. H&W covenant that wherever they have held each other harmless in this agreement, the ''hold harmless'' provision shall be in the nature of spousal support&nondischargeable in accordance with Fed Bkrp Law. H&W have agreed to this,in consideration of their desire to establish financial stability for each other,to enable each to maintain the life-style to which they became accustomed during their marriage & upon consideration of the incomes of both parties & their respective assets.
    • Re: ''hold harmless'' wording in property settlement

      The attorney who represented your husband in his divorce(hopefully he had one) should have included a provision in the PSA(property settlement agreement) whereby his former wifewould've been required to obtain a new mortgage in her name only, thereby releasing your husbandfrom his obligation to pay the marital mortgage.The "hold harmless" phrasing which you've referenced is standard boilerplate in virtually all property settlement agreements and I doubt very much that the circumstances which you've described would be a viable basis to have your husband's former spouse brought back into court on contempt charges.

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
    • Re: ''hold harmless'' wording in property settlement

      as im sure you have been told and may already know there is nothing you can do. hold harmless means if he is sued he can sue her. thats it. he does not own the land but does owe the debt. for that he has himself to thank.sorrygood luck

      Fred Kaufman
      Fredrick S. Kaufman, Esquire
      P.O. Box 4241
      Glen Allen, VA 23058
  • dog grooming release to hold harmless

    i am looking for a release to hold harmless form for my clients to sign before grooming thier dog.
    • Re: dog grooming release to hold harmless

      There are general forms you may be able to locate and purchase on the internet, however, they are general and would not necessarily be specific or as protective as you desire for your particular set of circumstances. If you would like prompt, affordable legal drafting of such a document, fully protecting you, contact our office today for a free phone consultation.

      H.M. Torrey
      The Law Offices of H.M. Torrey
      800 West El Camino Real, Suite 180
      Mountain View, CA 94040
    • Re: dog grooming release to hold harmless

      What you are requesting is an exculpatory agreement, in the form of a waiver or release from liability. Such a document is a contract and subject to the rules of contract interpretation. Thus,the language contained in the contract is critical in determining its validity. Such documents may be attacked on the ground that the waiver and/or release agreement fails to clearly and unequivocally express the parties’ intent among other things. Accordingly, competent counsel should be consulted with regard to the drafting of an enforceable exculpatory agreement, particularly in the case where you will be using the same document repeatedly with multiple customers.

      Matthew Tozer
      Matthew B. Tozer, Attorney at Law
      1000 Quail Street, Suite 189
      Newport Beach, CA 92660