Judge said case we responsible above 20k but set to 25k writ of attachment of home
Is that all that will come from this civil lawsuit case
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answered on May 24, 2023
The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... Read more »
Are all attorneys assisting with a civil matter required to file a notice of appearance?
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answered on May 23, 2023
Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... Read more »
Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... Read more »
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answered on May 20, 2023
In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... Read more »
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answered on May 7, 2023
You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... Read more »
Can I keep the remainder of my home equity?
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answered on May 7, 2023
Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... Read more »
My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house
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answered on Apr 26, 2023
Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... Read more »
Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... Read more »
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answered on Apr 17, 2023
Before you file Bankruptcy under any chapter, consult competent counsel.
Property of the estate is defined by 11 USC § 541. It includes:
Any interest in property that would have been property of the estate if such interest
had been an interest of the debtor on the date... Read more »
also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... Read more »
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answered on Apr 4, 2023
New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... Read more »
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answered on Mar 20, 2023
Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... Read more »
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answered on Mar 20, 2023
What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid
perfected lien or interest... Read more »
I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.
What exactly does that mean?
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answered on Mar 15, 2023
A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000); 5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).
My firm's primary... Read more »
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answered on Mar 8, 2023
Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... Read more »
I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?
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answered on Oct 7, 2022
Attorney Winterstein is right. Im assuming you received a discharge of this debt. Alert the lender in writing as to the whereabouts of the vehicle and do send the keys to the lender and document everything you do.
Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.
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answered on Oct 4, 2022
Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... Read more »
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answered on Aug 26, 2022
Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.
11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue... Read more »
Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... Read more »
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answered on May 11, 2022
It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »
Has stolen my identity and opened credit card and I filed a identity theft claim
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answered on May 27, 2023
It sounds like what she's doing is illegal but that's merely speculative based upon your brief statement. I recommend you contact the Division of Motor Vehicles.
I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... Read more »
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answered on May 5, 2023
Put your protest in writing.
The fee is part of the fuel tank rental agreement. However, I am not the property owner. I did not enter into an agreement regarding the tank/fee. Can I be legally billed this fee?
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answered on Apr 28, 2023
Since you apparently did not agree to these terms, it's very doubtful that you are directly liable for it. But be careful, the owner, presumably your landlord, may be liable and he/she may be able to pass the costs onto you through the Lease.
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answered on Mar 9, 2023
It sounds like you're doing business in a state, other than NH as well as NH. You can do that but I suggest you hire an attorney to review the full picture so a suitable recommendation can be made.
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