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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

1 Answer | Asked in Criminal Law and Collections for Texas on
Q: What can I do about some one owing me loaned money with proof of loan

I have text messages and a signed contract with witnesses

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

If it's been a while and you haven't paid, hire an attorney to file a lawsuit, although depending on the amount and your preferences, you might want to do it yourself in small claims court.

1 Answer | Asked in Real Estate Law and Collections for Virginia on
Q: Can I be sued for damages without any receipts that the plaintiff paid that money.

My landlord is suing me for damages. I received my bill of particulars but only estimates no receipts can the judge rule in the plaintiff's favor without any proof that is what she paid?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

You have to defend the lawsuit. If you allow a default to be entered, you're done.

1 Answer | Asked in Collections for South Carolina on
Q: Credit card co. has gotten an execution of property against my girlfriend in horry county, Murrell's inlet.

She used her card 2 years ago to cremate her 10 yr live in boyfriend, barely makes enough money to pay rent and utilities, nothing left after. I just helped her pay off her vehicle that they bought before he passed. Can the sheriff seize that vehicle to settle the debt or her bank account that has... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

If the judgment is satisfied before the sheriff executes, there won't be an execution. Subject to SC law, the sheriff may very well be able to snatch the car and her bank account. If you intend to satisfy the judgment, DO NOT go by the judgment itself. Contact plaintiff's attorney for an... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: Judgment approved on 6/9/17. Garnishment affidavit filed 4/22/22. Garnishment approved 6/14/22. 5 year SOL has passed.

If SOL expired before wage garnishment was issued is it legal to take my money?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

The statute of limitation to collect on a judgment is much longer than 5 years. The 5 year SOL applies to bringing the lawsuit. You have no statute of limitation defense.

2 Answers | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

No. A quit claim deed once executed, means that you have sold, for whatever price, the property to the other party, lock, stock, and barrel. A quit claim deed is not a gift, there's no revocation.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a apartment housing company withhold a package (muzzleloadig rifle, legal to ship to any home address). in florida

exact verbiage in housing agreement is as follows "Prohibitions. Firearms, weapons, explosives or illegal drugs of any kind are strictly prohibited anywhere on or about the

Property, including in individual apartments and bedroom spaces (except government-issued service weapons carried... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

You agreed to the firearms prohibition when you signed the Lease. Then, you had a weapon shipped to you. The fact that is legal to ship that item to any home address has nothing to do with the fact that the item is prohibited by contract anywhere on the premises, including your apartment.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

You can perceive anything you like, but what you have is a basic dispute over money. You claim you are paid up, the association claims that you are not. If you can prove that you paid the assessments on time that the HOA claims you did not, that would be a pretty good defense to the foreclosure... Read more »

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1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: What is the percentage I am allowed to raise a tenants rent when renewing their lease?

It is a condo in a multi family rental

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

There's no law in Florida that regulates rent. You can raise the rent as much or as little as you desire.

1 Answer | Asked in Real Estate Law for Florida on
Q: In Fla how often is a landlord required to paint my inside and outside of the house?

I've been here for 5 years and he has never asked if I needed or wanted a paint job on the inside. I pay a lot of money to live here and would like it done. Is it legal to make me pay the first 250 for a repair?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Unless the lease obligates him to paint the house, he is never required by law to paint it. Did you agree in your lease tompay the first $250? If so, end of story.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I change my mind even though I accepted the investors offer to buy my house
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Not without significant legal consequences.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... Read more »

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2022

I dont know about his law firm, but if I had a garnishment in place I wouldn't negotiate with you. Why would I? The lawyer's client is the creditor, not you. You can always retain an attorney to make certain that the plaintiff's attorney has followed the garnishment statute.

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3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2022

Physical address. Tell your process server all 3 addresses. Their job is to get it served.

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1 Answer | Asked in Collections for Virginia on
Q: My father passed away he owes land tax now the county gonna take to court what do I do?

He left me his property and I have a will county transfered it to a lawyer and is threatening to sale property

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 18, 2022

Probably pay the land tax.

2 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

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1 Answer | Asked in Collections for Minnesota on
Q: I had a conference call today with the courts for a cilvil matter. The plaintiff did not show up for the call.

I am curious as to what happens now.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 13, 2022

It depends. First, this was not a conference call. A conference call is between clients and vendors, partners, etc. This was a court hearing of some kind. It may have been a motion hearing, a status conference, a case management conference, a final hearing, etc. (details matter)

Second, you...
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