Questions Answered by Terrence Jay Moore

Q: For notice property is being foreclosed on if taxes are not paid. It's in Texas and was owned by my deceased nephew

1 Answer | Asked in Tax Law for Texas on
Answered on Nov 23, 2013

The debt should rest with your nephew. If you have ownership in the property they might have a claim against you. However, it is likely the taxes stay with the property. check with the tax assessor on this last issue.

Q: How to give up title to property in texas

1 Answer | Asked in Tax Law for Texas on
Answered on Nov 23, 2013

It should be by deed. Signing the deed over. In some cases however the receiver/grantee may not want to receive the deed that way. Or you can just abandon the property and likely the tax stays with the property and is not transferred to you. You should check with the tax collector to make sure the tax doesn't transfer to you personally.

Q: How do I contact the Levying Officer?

1 Answer | Asked in Collections for California on
Answered on Nov 23, 2013

Their phone number is on the paperwork they dropped off with you or you can just google the marshal or sheriff in the county where you live.

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Q: Can a bank collect on an a 2nd. after the first t. d. holder forecloses on the property? The same bank held both liens.

1 Answer | Asked in Collections for California on
Answered on Nov 23, 2013

Yes, they can because you still had an agreement with them. This doesn't mean you can not work a deal out with the second or bankrupt the debt. The other issue is if you have no debts that they can go after then let them sit. They can't take anything from you and after awhile they should settle for pennies on the dollar. If you get wages you must protect your wages. There are ways to do that.

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Q: Does California have the right to suspend all lisences, drivers lisence, nursing, and pharmacy lisence. If owed money

1 Answer | Asked in Collections for California on
Answered on Nov 23, 2013

Unfortunately, the general answer is yes. However, if you contact the State they will work out a payment agreement with you so that they will revive your licenses. You should contact them and be prepared to show your present finances.

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Q: If I pay off a collections agency is it legally required to remove the associated negative entry from my credit report?

1 Answer | Asked in Collections for California on
Answered on Nov 23, 2013

No they are not required to remove the negative reporting unless there was an agreement in writing. However, they have to report the matter as settled, resolved or paid

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Q: Whats the statue of limitation on credit card dept collection

1 Answer | Asked in Collections for California on
Answered on Nov 23, 2013

The statute of limitations is generally four years. It can be extended on certain occasions but 12 years is too excessive. I would challenge their claim.

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Q: What does the term short title mean when filing a Financial Statement for Wage Garnishment, enforcement of judgment mean

1 Answer | Asked in Collections for California on
Answered on Nov 23, 2013

Short title is the abbreviation of the case name. For instance if the name is John Doe v. Mary Johnson, the short title is Doe v. Johnson.

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Q: Disabled 21yr old man, can transportation be tax deductible, he's non verbal, minimal cognitive, 24 hour protection.

3 Answers | Asked in Tax Law for California on
Answered on Nov 21, 2013

I think your situation can provide for some income tax deductions with some limitations. I really need some more facts. Can you explain a bit more. I would be happy to give a more concrete answer but I am not sure of your exact question.

Q: Joint Tenant with Partner destroying property, collecting rents and not sharing and growing pot. How should I proceed

2 Answers | Asked in Real Estate Law for California on
Answered on Nov 10, 2013

A partition action would be a good course. You can also receive a reimbursement of legal fees if your action is determined for the good of the owners of the property. You might also want to consider an action for Waste.

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Q: To maintain a claim for breach of warranty in CA, must I still have possession of the good that I claim was defective?

2 Answers | Asked in Contracts for California on
Answered on Nov 10, 2013

It would make your claim much more successful. Without the goods you might have a difficult time proving damages. However, damages still can be proved through other avenues. Try to maintain possession of the goods. If you cannot maintain possession then retain other supporting evidence.

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Q: What is the best alternate on re-submiiting an REA to the government?

1 Answer | Asked in Contracts for California on
Answered on Nov 10, 2013

As odd as it sounds, I think the answer is contained in your question. Often times when working with the government the best alternative is to resubmit. Others have been successful just using this method alone. Of course, depending on the paperwork being submitted their might need to be other issues addressed.

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Q: May I file for a UCC-1 financing statement as both the debtor and the secured party ?

1 Answer | Asked in Contracts for California on
Answered on Nov 10, 2013

That would not make legal sense. You cannot beat the debtor and the secured party. But you however can file a UCC-1 whether not you are a secured party or the debtor.

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Q: I am also an investor in this project Clark v. Teton Air Ranch, LLC et al

1 Answer | Asked in Contracts for California on
Answered on Nov 10, 2013

The normal answer would be, if you were you ever provided with an operating agreement listing the managers. They should be your first point of contact. But since this case is already in the Florida Courts, Case No.6:2009cv01727, you can contact the Court to find out the names of the attorneys and make contact with them.

Q: Model under contract works with a studio without my permission, what are my legal rights to have them take him down.

1 Answer | Asked in Contracts for California on
Answered on Nov 10, 2013

It is very important to have a written contract which would have protected you in situations like this. If there was a written contract between the parties you would be able to seek compensation. Without a written contract it can be, very difficult.

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Q: What laws are broken when the opposing party breaches a legal contract?

2 Answers | Asked in Contracts for California on
Answered on Nov 10, 2013

There can be a variety of laws, the most common breach is probably Business and Professions Code 17200.

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Q: To heal breaches of contract over 3 years, defendant fully paid 3 days before trial and then started again. Can one

1 Answer | Asked in Contracts for California on
Answered on Nov 10, 2013

You raise a very good point. The other party might be prohibited going forward with the next action. It depends how the prior case was dismissed.

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Q: I RECEIVED NOTICE FROM irs SAYS I NEED TO FILE TAXES FOR SETTLEMENT CHECK. I HAVENT RECVD CECK HOW WOULD I GET CHECK INF

4 Answers | Asked in Tax Law for California on
Answered on Nov 10, 2013

I suggest contacting the IRS and find out the proposed amount of income for the year in question. Ask them to send you copies of their source of income. Then, you can determine if the IRS position is correct or not. Either way, file a return stating your correct position.

Q: My complaint is for breach of contract with sevral coas do i list each breach in the coa for breach of contract as well

2 Answers | Asked in Contracts for California on
Answered on Nov 10, 2013

The more detailed your allegations are the greater chance they will have in moving beyond the pleadings stage. If your cause of actions are not clearly stated a demurrer can be used to throw your cause of actions out.

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Q: Can a company agree to pay to their independent contractor drivers at certain % but never disclose that % bases of?

2 Answers | Asked in Contracts for California on
Answered on Nov 10, 2013

There are several issues here. One ma be a breach of contract and the other might be a breach of the employment law. California has specific requirements for its workers. Often times employers try to sidestep these requirements by classifying their workers as independent contractors. This will need to be looked at. But if indeed the workers is an independent contractor the terms of the contract will prevail. If it is an oral contract then success may be very limited....

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