answered on Sep 21, 2013
Verbal contracts and text messages may be proof. How did you pay the money? By cancelled check? Or wire? Or western union? All those would be written proof and would be preferred.
People do not do business this way. If you are buying a vehicle, there should be a bill of sale and the... View More
answered on Sep 21, 2013
I looked at the GATMA provisions. There is nothing in the statutes which addresses this. I don't know what was transferred or its taxability. I am not aware of any penalties. Was this an irrevocable transfer? If it was, then you cannot withdraw anything.
How was this transfer... View More
answered on Sep 21, 2013
Yes. The statute of limitations is 6 years in Georgia as per caselaw. It does not matter when the debt was sold to the junk debt buyer. It matters as to when you last paid on the debt. If you last paid in June of 2008 then suit can be filed until June of 2014.
My sister took care of my father the last year of his life and he told her that because of that he wanted to give her his house. He drew up papers to do that but never signed them because he wanted to talk with me about it. He never talked to me and never signed the paper. She is now contesting the... View More
answered on Sep 20, 2013
Zero to very slim, although I don't know all the evidence. She is going to have some problems. First, if your father intended for her to have the house, he could have either given it to her while he was alive or made a will giving it to her when he was dead. Wills are not expensive things... View More
answered on Sep 20, 2013
It depends. The statute of limitations in Georgia for a Georgia debt for most things is 4 to 6 years. The statute begins to run from the time that the bill was owed.
You do not indicate if the bill was incurred in Georgia or whether you made a payment on it. If you made any kind of a... View More
answered on Sep 20, 2013
As a beneficiary, you are entitled to a copy of the trust. You need to take the trust to a probate/trust litigation lawyer and pay him/her to review it. You do not indicate how the trustee is not doing his job. Nor do you indicate whether this is a first-party or third-party special needs trust.... View More
answered on Sep 20, 2013
How would you sell the house but keep the existing mortgage? That is not possible without violating the due on sale clause.
I assume there is a will and that the estate for your mother is in Pennsylvania. Either the personal representative should sell the home and satisfy the existing... View More
answered on Sep 6, 2013
Your father has to be the one to make any changes to his power of attorney if he is mentally competent to do so.
Was his initial power of attorney drafted by a lawyer? Does it name a successor agent? Are you talking about a health care power or financial power or both? If a financial... View More
answered on Sep 6, 2013
You must appoint him. Otherwise, he has no authority to act for you when it comes to finances. For healthcare, you would make your own decisions if you are competent. If you are not competent and it was an emergency, perhaps your spouse could act but he would have to get guardianship papers. It... View More
answered on Sep 6, 2013
It depends on facts which you do not divulge. Is the family intact? Then the answer is no. Parents have a right to decide who their child will associate with some exceptions.
Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three... View More
answered on Sep 6, 2013
Who is her? Your post indicates you are already power of attorney for your mother. Just because your sister is on disability does not mean that she is mentally incompetent to handle her affairs or those of her person. It is up to your sister if she is mentally competent as she can make you her... View More
answered on Sep 6, 2013
Read your declarations and covenants and the bylaws of the HOA.
See also NC GS § 47F-3-106. Bylaws.
(a) The bylaws of the association shall provide for:
(1) The number of members of the executive board and the titles of the officers of the... View More
answered on Sep 6, 2013
Read your declarations and covenants. These should address what can be done by a developer before the HOA is created. All new developments over a certain size (20 lots or more) have to have an HOA at some point.
See NC GS § 47F-3-115, Assessments for common expenses, below. If there is... View More
answered on Sep 6, 2013
No. If the property is foreclosed on, the spouse who is on the deed but not on the loan is not liable for the debt or any deficiency. He/she would get notice of the foreclosure sale and any other foreclosure proceedings.
answered on Sep 6, 2013
I am not aware of any residency restriction. If there were, then people outside the state would be unable to buy a vacation home here.
If you have the money or can get financing, you can buy property at any time.
First I was ordered to pay $1500 a month in support.
This order happened 4 weeks into me being an owner operator.
I feel thry disregarded my business expenses. It was either pay for my business or pay the support.
By doing so I got put in debt.
Went back to being a... View More
answered on Sep 6, 2013
Why is this a bankruptcy question?
Spousal or child support has nothing to do with debts. You have an obligation to support your child if this was for child support.
Your suggestion that drs. debts (whoever that is) froze your account makes no sense. No one can "freeze"... View More
In filing a Chapter 7 bankruptcy in Pennsylvania, does tenancy by the entirety apply to just real estate, or does in apply to bank accounts, personal property like clothes or furniture, vehicles, etc.? I'm married but I want to file only for me, not both my wife and I.
In order to take... View More
answered on Sep 6, 2013
Tenancy by the entirety is a concept that applies only to the ownership of land.
Pennsylvania allows you either to claim the federal exemptions or the state law exemptions. I don't know what you own, but the state law exemptions are limited to: $300 in any one bank account, clothes,... View More
This company has some contradictions on their website. When you first log on you'll see how they do a bkground chk on all of their empl how their empl have to take an oath & this company stands behind each & every person they hire. If the cust isn't satisfied you'll get... View More
answered on Sep 6, 2013
You need a reality check. The state attorney general is not there to act as a lawyer for you. They are there to protect the citizens of a state from harm or unscrupulous business practices. If the company is engaging in harmful conduct that affects a large number of citizens, report the company.... View More
Upon Dad's passing, what will we need to do if our brother won't move out and we want to sell the NC home?
answered on Sep 6, 2013
First, your father is still alive. Your father really needs to have a will. It sounds like he does but it also sounds like he has not given very much thought to this situation or else it has changed since he did the will.
I suggest strongly that if he is mentally competent that he sit down... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.