The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... View More 
answered on Mar 21, 2023
This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... View More
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... View 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... View More
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... View More
answered on Mar 16, 2023
I'm guessing that the form of judgment is what the plaintiff's attorney sent to the judge to be signed. For some reason you didn't get a copy of the signed and entered judgment.
You were defaulted, so the plaintiff didn't need to prove its case as it would have need to... View More
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
answered on Dec 13, 2022
To add to Ms. Kim's answer, though a creditor cannot take or force a sale of your homestead residence, the judgment lien would potentially be a problem if you sell your home in the future. You say you are unable to pay, which I assume means you cannot afford to pay. You therefore may be... View More
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
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answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More
I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.
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answered on Dec 3, 2022
It depends if the home has a homestead exemption, and what type of creditor. Only a debt related to the home (i.e., mortgage or a contractor fixing your roof) may be placed as a lien against a homestead property. During a bankruptcy any junior lien to the first mortgage will be wiped out unless... View More
I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.
answered on Dec 3, 2022
Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.
Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?
answered on Apr 2, 2024
The location of the institution has no bearing on its protection, what is important is your state of residence. Not many institutions are located or headquartered in Florida.
hello, a family member used my credit without my knowledge and now i have 4 law suits against me for credit card debt. I was not aware of the law suits until i recently tried to buy a car. Since its family i do not want to press any charges and I want to take responsibility for the debts and pay... View More
answered on Oct 30, 2023
File Motions to Set Aside the Judgment to allow you to file a responsive pleading.
Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...in order to collect on a federal restitution order issued solely against me? The reason I ask is because I received a collection notice letter from the FLU. Included with the... View More
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answered on Oct 28, 2023
It depends on all of the specific facts of your situation. Generally speaking, DOJ cannot reach a spouse's separate property unless the property constitutes the proceeds of your crime or was obtained with the proceeds of your crime.
I have a debt that I am paying on each month, yet I continue to get calls about my “past due balance” with a disclaimer of ‘if you’ve paid this already, please disregard.’ The company has basically said ‘that’s just what we do.’
The View on the River Apartment
Franchise
Over 90 Days
F00262 0079068 The View on the River Apartmen 0262 (904) 379-6995 3645689 5/22/2023 5/22/2023 $0.00 $3,271.14 $228.22 99 - - - - $3,271.14
F00262 0079068 The View on the River Apartmen 0262... View More
answered on Aug 30, 2023
Attorneys can assist with demand letters, reviewing any written agreements to determine terminating contracts and assistance in evaluation.
I told her not to get it while we were together she is now not paying for it and wants me to take over the payments.
answered on Jul 20, 2023
If you did not take out the loan or co-sign, no you are not responsible to the lender.
I'm wondering if I could qualify for a PLUS graduate loam, I have one item in my debts (small unpaid debt) shows status "unpaid" and nothing that says that there is a default determination specifically, which is the language used in the loan requirements that would disqualify you.... View More
answered on May 3, 2023
It likely means that the creditor has sent you a communication advising you that the loan is past due and thus "in default". But you might ask the agency which administers the loan (or check the loan application instructions) for what they mean by "default determination".
Hiding the car and the leasing company can't repossess. My daughter is now incurring the bad credit. What can she do?
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answered on Apr 11, 2023
For financial relief she can sue the ex in small claims court. Regarding the car, perhaps she can report it as stolen. Unfortunately her credit is going to take the hit because she cosigned, regardless of these other two possibilities.
When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... View More
answered on Mar 23, 2023
No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.
answered on Feb 28, 2023
Consult with experienced attorneys.
Use Justia search to find an attorney. https://www.justia.com/lawyers
answered on Jan 21, 2023
You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.
Never sign contracts app
answered on Jan 6, 2023
There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.
Do I go after the owners?
answered on Oct 27, 2022
Nope. You don't have a judgment against the owners. Your judgment is (sorry to say because thus is how I make money) not worth the paper upon which it is printed.
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