it will be the third time in my life to do this.i am sick to my stomach over this but i have no other choice.i bought food paid bills and i can barely keep my head above water......please help
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answered on Sep 4, 2023
It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,... View More 
My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More
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answered on Aug 20, 2023
An attorney-client relationship, just like other kinds of relationships requires trust, among other things. It's clear that you do not trust your attorney. However, I don't see any benefit to your own lawyer to intentionally lie to you about anything quite frankly, let alone sabotaging... View More
If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More
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answered on Jul 7, 2023
As with many answers to legal questions, the answer is "it depends". It depends on what kind of contract you and your customer have. For example, a gym membership or statutorily defined consumer contract or retail installment contract may be regulated in such a way as to prohibit the... View More
My wife and I are planning on creating a single member LLC in Massachusetts where she would be the sole member and would be managing day-to-day operations for the business. I would be helping manage the business operations, such as finance, bookkeeping, and administrative items such as managing a... View More
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answered on Jun 8, 2023
No, you don't both need to listed as co-managers. Whether you are a co-manager or manger has little to no bearing on whether you are considered an employee. Employee status analysis is best done under IRS rules. You also don't need to be paid but being paid would bear on employee... View More
Judge said case we responsible above 20k but set to 25k writ of attachment of home
Is that all that will come from this civil lawsuit case
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answered on May 24, 2023
The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... View More
Are all attorneys assisting with a civil matter required to file a notice of appearance?
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answered on May 23, 2023
Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... View More
Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... View More
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answered on May 20, 2023
In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... View More
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answered on May 7, 2023
You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... View More
Can I keep the remainder of my home equity?
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answered on May 7, 2023
Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... View More
My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house
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answered on Apr 26, 2023
Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... View More
Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... View More
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answered on Apr 17, 2023
Before you file Bankruptcy under any chapter, consult competent counsel.
Property of the estate is defined by 11 USC § 541. It includes:
Any interest in property that would have been property of the estate if such interest
had been an interest of the debtor on the date... View More
also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... View More
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answered on Apr 4, 2023
New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... View More
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answered on Mar 20, 2023
Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More
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answered on Mar 20, 2023
What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid
perfected lien or interest... View More
I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.
What exactly does that mean?
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answered on Mar 15, 2023
A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000); 5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).
My firm's primary... View More
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answered on Mar 8, 2023
Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... View More
I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?
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answered on Oct 7, 2022
Attorney Winterstein is right. Im assuming you received a discharge of this debt. Alert the lender in writing as to the whereabouts of the vehicle and do send the keys to the lender and document everything you do.
Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.
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answered on Oct 4, 2022
Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... View More
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answered on Aug 26, 2022
Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.
11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue... View More
Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... View More
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answered on May 11, 2022
It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... View More
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