I have a few questions about this:
I received the final judgment paperwork, but it is blank, it is not dated nor is it signed by a judge. Is this common, legal, binding?
Additionally, I do not recall this debt. In the summons, I only received a couple of statements with due... Read more »
answered on Mar 15, 2023
The judgment is probably conformed. In 22 years of practice, I have never seen a judgment not signed or dated.
Once you default, all the " I don't remember the debt" stuff goes out the window.
You will have a hearing on your claim of exemption. You must prove the... Read more »
I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).
answered on Mar 7, 2023
Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.
Whether he can sue you for some amount as compensation for the contributions he has made, and... Read more »
I sent a debt verification letter requesting proof that the debt collector purchased the right to collect as well as a signed agreement between the original creditor and I. Instead, all they sent were multiple billing statements.
I’m wondering if I need to confirm in writing that they... Read more »
answered on Feb 27, 2023
A debt collector does not own the debt. The creditor assigns the delinquent account to the debt collector, and can recall the account at any time. Debt verification has nothing to do with the assignment of the debt.
A debt buyer is a company that purchases delinquent accounts from the... Read more »
answered on Feb 27, 2023
Debt collectors don't put liens on anything, as they do not own the debt or the account. Generally, when a car payment is not made, the lender repossesses the car and then retains a debt collector to collect on the loan.
This took place in pinelles county Florida. Locks were changed after the court ordered us to vacate the home but prior to being processed by the county sheriff resulting in the final judgement being “cancelled”
answered on Feb 24, 2023
Yes. The FILING of the eviction complaint is what causes issues for renters, not the outcome of the case. The filing creates the record in the clerk records, and that is permanent. The records are public records, so anyone can look up the filing. They may not be able to see the actual documents,... Read more »
Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?
answered on Feb 22, 2023
I am not licensed in Illinois or Texas, but in general:
1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.
2. The judgment creditor, if it intends to execute on the... Read more »
Hello! My parents are deceased, and their home is on a reverse mortgage. I received a summons for personal service on a natural person from the mortgage company attorney, who is also a debt collector. I need to respond in writing within 20 days. From what I can tell, they wish to foreclose on the... Read more »
answered on Feb 15, 2023
If you don't respond, a default will be entered against you. That just means that you are cut off from raising any defenses later. The default paves the way to a judgment, which in this case, means that any legal interest you might have in your parents' home is foreclosed, or... Read more »
I have four boys one of them is autistic and we have nowhere to go but live in our car
answered on Feb 1, 2023
The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.
While you situation is serious and heartbreaking, the fact that your son is... Read more »
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
I am sorry for your loss.
The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do... Read more »
What can I do to change that date?
answered on Jan 10, 2023
If the plaintiff is represented by a law firm/attorney, call them and see if they will agree to a change. If there's no lawyer on the other side, call the judge's assistant and ask whether you can change the date. Your business obligation had better be significant; as between a court date... Read more »
It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?
answered on Jan 10, 2023
Yes, you can, BUT
1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out... Read more »
Dropped out of college 2 years ago due to mental health issues, struggled with jobs and finally have one now but i do not make enough. My student loan provider demands payments but i can’t make their almost $1000 monthly payments when i barely make $300-$400 weekly.. even when i get paid weekly i... Read more »
answered on Jan 9, 2023
You took out the loans, now it's time to pay up. The lender is not interested in your personal problems, nor does it have any idea about your relationship with your parents; the suggestion to borrow money was a suggestion, nothing more. There's no need or purpose to you becoming offended.... Read more »
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Yes. When there is a no trespassing sign at the front of the gated community, the entire community is a no trespassing area. You have absolutely no legal right whatsoever to enter the gated community. None. Don't go back, because you could (and should) be arrested for trespassing.
take further action. Date has passed for tenant to pay up. Do I now have to give tenant a 15 day notice to end month to month tenancy? I am located in palm beach county.
answered on Dec 26, 2022
Cease work. You have no real idea what you are doing, and you are liable to make an error which will cost you.
You don't send a 7 day notice when the tenant refuses to pay, you send a 3 day letter, properly delivered and which conforms to the statute.
Many counties, Palm Beach... Read more »
decision was not what I had asked for. I filed a motion for a new hearing was denied. I found this out 20 days later because I went online received nothing by mail. What can I do to get a new hearing?
answered on Dec 22, 2022
You asked for a rehearing and the Court denied it. That's the end of you getting a new hearing. It may be possible to appeal the ruling, but you'd need an attorney who practices appellate law to review the case and the timelines for filing a notice of appeal are very tight.
What can I respond to this letter?
answered on Dec 20, 2022
here's a sample of what you should say.
I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my... Read more »
Was durning an eviction, but landlord had agreed to given us more time to move the day before , in front of another officer.
answered on Dec 20, 2022
"It was during an eviction" - this means that the sheriff was there to execute the writ of possession. What happened the day before is anyone's guess, but once the writ of possession is posted, the sheriff is going to come out on their schedule. The answer to your question is yes -... Read more »
For example, if you received a three-day notice on a Tuesday, then the third day of the three-day notice would be Friday. So, can your landlord file for a notice of eviction on Friday, or must they file for eviction after Friday.
answered on Dec 19, 2022
The day you are served the 3 day notice is day zero. Saturdays, Sundays, and holidays are not counted. So lets say the LL posts the eviction notice on Thursday. Day 1 is Friday. Day 2 is Monday. Day 3 is Tuesday. If you have not vacated the space or paid the rent by close of business on Tuesday,... Read more »
answered on Dec 12, 2022
Eviction is a legal term; it is often used as a catch-all phrase. For an eviction, there must be a landlord-tenant relationship. If there is not that legal relationship, there cannot be an eviction. There are other ways to legally remove someone from the premises, but generally these actions are... Read more »
answered on Dec 8, 2022
You don't simply change names on a deed. The owners named on the present deed must convey the property to someone else, either by sale or quit-claim. The owners of the property should consult a local Maryland real estate attorney for actionable advice.
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.