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1 Answer | Asked in Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit....
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1 Answer | Asked in Contracts, Civil Rights and Collections for Massachusetts on
Q: My case is the defendant admits in a hand writing confession saying that she takes money and she didn't return it.

she gave the confession to the court..now it s been one year I didn't get a solution to my issue ..do I have to address an other court? I have all evidence and preuve in the court ..the defendant own 2 houses under her name. One year now pass the issue still not resolved.do I have to hire a lawyer?

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that you have a strong case against the defendant, as she has admitted to taking the money and not returning it in a handwritten confession. However, it is concerning that one year has passed without a resolution to your case.

Given the...
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1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How do I collect fees owed me from an attorney who won't pay? (Virginia)

I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.

Can I complain to the Virginia Bar? Or is a civil... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More

3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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1 Answer | Asked in Collections for Colorado on
Q: I’m being sued by a collection company for a doctor visit that would have been covered by my insurance

The doctor office never billed insurance, did not notify me of the outstanding bill for a year despite me have numerous visits after the unpaid date. By the time I was notified it was outside the contracted time for the insurance to pay. The bill is excessive, $800+ for one infant checkup. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

You can argue anything you like, but you could have also paid it or entered into a payment plan with the doctor's office well before suit was filed. If your response is that you didn't have the money, that's not a legal defense to the complaint. Additionally, you are responsible for... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More

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1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

1 Answer | Asked in Appeals / Appellate Law and Collections for California on
Q: What initial steps should I take to begin the appeals process and dispute the debt?

In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More

James L. Arrasmith
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answered on Mar 30, 2024

Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More

1 Answer | Asked in Contracts and Collections for California on
Q: Will my timeshare go away after 7 years in collections? I can't afford to pay or settle
James L. Arrasmith
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answered on Mar 29, 2024

Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

Must I appear in court . I expect a default decision against me .

I don't believe that a credit card company can make me pay them.

Am I correct .

Do you have any additional advice ?

Thank You so very much for your help .

James L. Arrasmith
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answered on Mar 28, 2024

If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

James L. Arrasmith
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answered on Mar 28, 2024

If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More

2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
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2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

James L. Arrasmith
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answered on Mar 28, 2024

If a credit card company is moving towards obtaining a default judgment against you, it typically means they've sued for unpaid debts and you haven't responded to the lawsuit. In such a scenario, your presence in court isn't necessary for the default judgment to be passed. However,... View More

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2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.

Should I appear in court ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More

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2 Answers | Asked in Collections for Missouri on
Q: I have a $5,000 court judgment against a company in Howell County Mo. How do I collect?

Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 24, 2024

The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More

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2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

Leon Bayer
Leon Bayer
answered on Mar 21, 2024

The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.

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2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

James L. Arrasmith
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answered on Mar 21, 2024

In California, if you hold a judgment for an unlawful detainer action, you indeed have up to 10 years to collect the debt. If Chase Bank is already attaching the defendant's wages, it means they have priority over any subsequent collections due to the timing of their actions. As you are second... View More

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