I have been divorced for 5 years. I became disabled within a year of the divorce. My ex wife moved out of state and we have not been in any contact. With only disability income, I have struggled to pay alimony over the years but have paid as much as I could. My medical issues require tens of... View More 
answered on Sep 9, 2015
The answer is she could try but several states have medical exemptions that would allow you to keep the vehicle. I do not know what the laws are for Florida but typically they would have to take the car, sell it at auction and then disperse the proceeds. If the car isn't worth much then the... View More
I signed papers that she told me was breeding right and they was not
answered on Sep 9, 2015
Yes on the face of this it would appear you have a claim for bad faith, breach of contract and lack of fair dealing.
I'm on ap&p and ASAP drug court he is in veterans drug court
answered on Sep 9, 2015
Short answer is yes. It really depends on the circumstances and what is going on with both parties. A judge may be stating that it is in the best interest of your husband to not have you in his presence due to drug matters. It is really hard to say more without additional facts.
In order for the character or creature to be immediately recognizable I wouldn't want to stray too far from the original (probably trademarked) designs, but the art might be considered fan art, which I understand is in fuzzy copyright territory. Derivative works and fan art is regularly sold... View More
answered on Sep 9, 2015
If you are using this for personal use then you are just fine; however, if you intend to mass produce and re-sell then could and probably would be infringing on other companies rights.
Had a default judgement against me for rent owed after eviction. Hearing is set to answer questions about my assets. I want to settle the debt w/the apartment complex, not their collection attorney. Does the FDCPA cover this issue and allow me to submit in writing that I will only deal w/the... View More
answered on Sep 3, 2015
You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.
I had to end my 1 year lease (April 1 - March 31) early. I gave notice to my landlord on June 30 that my last day would be July 31. He informed me that it was my responsibility to find a tenant or I would have to pay $250 for his company to find a tenant for me and until a tenant was found, I had... View More
answered on Sep 1, 2015
There may be more facts here but based on what is presented I would say no. This is due to the fact that your lease was for one year and you had agreed to that. Unless there was some different clause in your agreement regarding early termination, a landlord is not responsible to make reparation... View More
Is that illegal in the state of Utah? I really need to know when or if I'm scheduled to work.
I filed for legal seperation, it hasn't been signed yet. We have been apart for a year. He just got engaged to another woman and is trying to have another baby. We made a marital agreement 10 yrs ago when our last born child was boen, NOT to have anymore children, with his permission to my... View More
answered on Sep 1, 2015
I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have... View More
Long story short, I was in a severe situation that required a safe at home program, confidential and sealed name change, as well as receiving a new SSN from the SSA. I haven't disclosed my previous identity on any job applications, as my case worker at the SSA advised, and haven't had any... View More
answered on Sep 1, 2015
If you have legally changed your name and are following the advice of your case worker then you may be ok but for law enforcement jobs a comprehensive background check is always performed. I don't know if they have special access to records that would allow them to conduct a deeper search of... View More
I have been summoned on an outstanding debt. The summons references an agreement but does not include it as an exhibit. The debt was purchased from HSBC and I do not have any details on that transaction either. If I file an answer that denies all the complaint, can the plantiff come up with more... View More
answered on Aug 31, 2015
Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney's office and make a settlement offer. Most Plaintiff's/Creditors are more than willing to try and work out... View More
I received a notice of garnishment of wages from my employer about a debt that is six plus years old. No attempt to contact me was ever made but the court went ahead and gave the attorney who is doing the collections everything they requested. What can I do?
answered on Aug 31, 2015
Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.
answered on Aug 31, 2015
UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too... View More
answered on Aug 31, 2015
No, they can't disclose any information without a release from the individual. There may be some ways around that without disclosing information but it's a fine line.
My wife's check is currently being garnished by the Utah State Government. Can the US Government garnish the wages of me, a husband but under one household, in simultaneous actions?
answered on Aug 31, 2015
The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.
My company won a Judgement for $ but the Defendant is not paying and is now filing an appeal. Can I file a lien in the meantime?
answered on Aug 31, 2015
Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.
I have also heard that you can post a notice in the newspaper that you are not responsible for your spouses debt. Does this remove any liability for myself?
answered on Aug 31, 2015
There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.
The email tells the pre-charge off customers the company is considering obtaining counsel for creditors' rights and asks the customer to contact us to make mutually acceptable arrangements. I do not alter the form email in any way. It has my name as the sender. A customer who has been in... View More
answered on Aug 31, 2015
Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be... 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.
