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Questions Answered by Rachel Lea Hunter
2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I've been informed by an email that I was named as a creditor in a bankruptcy case over a month ago but still have not g

gotten any legal documents can you help me

Rachel Lea Hunter
Rachel Lea Hunter answered on May 16, 2014

Why would you receive any legal documents? What kind of bankruptcy was filed? It makes a difference.

First, does the debtor owe you money? Have you sued and recovered a judgment against the debtor prior to filing bankruptcy? Or did you have security interest in anything, like a lien...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: 10 years co-owners on mortgage/title/deed. girlfriend wants to move out. Am I legally obligated to buy her out in PA
Rachel Lea Hunter
Rachel Lea Hunter answered on May 11, 2014

Are you legally obligated? The answer is no. However, if you do not buy out her share and want to stay in the home then she can bring a partition action against you.

I suggest that if you want to keep the home, that you figure out what the home is worth, what the girlfriend's share...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I are going to be separating soon. He bought the house before we were married. Since than we have bought

2 cars both are on his name. Am I entitled to 1 of the vehicles prior to the divorce proceedings?

Rachel Lea Hunter
Rachel Lea Hunter answered on May 11, 2014

You do not indicate enough facts. It does not matter necessarily how things are titled but when those items were acquired. The relevant time periods are (a) before marriage, (b) during marriage or (c) after the date of separation but before divorce.

Anything acquired before marriage is...
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1 Answer | Asked in Divorce for North Carolina on
Q: How does my deployed son go about getting a divorce?

He got married 2 months ago and now he and his wife want to get divorced. They were married in Georgia(where he was going through AIT) and she lives in Florida, he has lived in NC all his life. Where would they need to file the paperwork? And what does he need to do?

Rachel Lea Hunter
Rachel Lea Hunter answered on May 11, 2014

Place of marriage is generally irrelevant. He can file where he resides or is stationed or the wife can file where she lives.

NC requires that the parties live separate and apart with the intent not to be married anymore for a period of one year. So whatever point they decided to call it...
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1 Answer | Asked in Civil Rights for North Carolina on
Q: How do you request a pretrial motion?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 11, 2014

You do not request a pre-trial motion. You file it. What kind of pre-trial motion would this be? The common ones are motion for default judgment (if no answer is filed), motion for judgment on the pleadings (if an answer is filed but there is no need for discovery) or a motion for summary... Read more »

1 Answer | Asked in Constitutional Law for North Carolina on
Q: how long can i request an ammendment to pleadings in my federal civil rights case?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 11, 2014

See Federal Rules of Civil Procedure, Rule 15:

RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, or

(B)...
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1 Answer | Asked in Family Law for Georgia on
Q: My wife's grandmother just passed away. Her father just recently passed. The will is to her aunt & father upon survivors

The only survivors are my wife's aunt & her. The will is left to her aunt & father upon survivorship. Her grandmother had a decent amount of wealth and had said several times that she had put away for my wife. What does this right of survivorship mean exactly?

Rachel Lea Hunter
Rachel Lea Hunter answered on May 10, 2014

Post makes no sense. Do not use her and him if there are more than 2 females or males because its not clear who is who.

You do not have to use real names but it helps to identify people.

Grandmother died and she had a will. Fine. When did she die? Was an estate probated for her?...
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1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Who has the right to a cemetery plot-purchaser or person given plot as a gift and whose name deed is in?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 10, 2014

Possession is indicated by whose name is on the deed. If the land/plot was bought by someone and given as a gift to someone else, the gift was complete upon delivery of the deed and putting in the other's name. if the purchaser changed his/her mind later, too bad. A gift is a gift.... Read more »

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: what law takes precedence if a PA state law conflicts with a ALJ ruling

what law takes precedence if a PA state law conflicts with a ALJ ruling

Rachel Lea Hunter
Rachel Lea Hunter answered on May 10, 2014

You do not provide enough detail. An ALJ is an administrative law judge. These usually handled federal cases, like Social Security. In such case, the ALJ would be deciding matters of federal law not state law and there would be no conflict.

ALJs are like other judges - they do not make...
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1 Answer | Asked in Family Law for Pennsylvania on
Q: MY SONS SS NUMBER WAS USED BY HIS NOW DECEASED FATHER WHAT SHOUD I DO
Rachel Lea Hunter
Rachel Lea Hunter answered on May 10, 2014

You do not provide much detail here. Used how? How old is your son? Is he an adult or a child?

Since the husband is dead, there is not much that can be done in the way of prosecuting him or suing his estate.

If your son is an adult, he needs to go to www.privacyrights.org and...
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1 Answer | Asked in Collections for Georgia on
Q: Do I need a lawyer to file a 9-11-50?At the time of the default judgement, the judge did not know I live in Germany.

I sent a registered letter from Germany, but it did not reach the courthouse before the judge reviewed the case.

I have lived and worked in Germany for seven years and have never been a resident of the county where the lawsuit was filed.

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

No one needs a lawyer and everyone always retains the right to represent him or herself. However, you would not do brain surgery on yourself nor would you cut your own hair or repair your furnace/ac. By the same way, if you have a legal issue you would see a doctor.

I looked at OCGA §...
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1 Answer | Asked in Collections for Georgia on
Q: what do I do to stop a garnishment

this is a case from 1999 and I filed a traverse less than 6 mo. ago when the same ones garnished me.I dismissed the traverse and they agreed to dismiss the garnishment .Now its back

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

File a traverse again then and see if you can get it dismissed. As a practical matter though, the grounds for a traverse are very limited. The garnishment will continue until the judgment is paid off or the debt is settled or the debt is discharged in bankruptcy or the judgment goes dormant and... Read more »

1 Answer | Asked in Child Support for Pennsylvania on
Q: My about to turn 18 yo son refuses to go to school. He isnt going to graduate. Will i still have to pay support for him?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

No, but there may be an argument as to whether he is making sufficient academic progress. You would file a petition to terminate the child support on or after the child turns 18.

1 Answer | Asked in Divorce for Pennsylvania on
Q: I live in Pennsylvania and have been married for two years, can she get our home that i purchased before we got married

and is in my name only? and i also purchased a boat and camper in my name only, after being married, can she make me sell these even if i can't get enough to pay them off?

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

The home you had from before marriage is separate, not marital property, and is not subject to equitable distribution. The boat and camper bought after marriage is marital property. These can be awarded to you in equitable distribution as part of your share. Your wife is entitled to 1/2 of the... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: A credit union owns a property, only taxes are owed to state, if i pay taxes, do i own property

Burlington, nc usa

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

Not unless you are buying the property at a tax sale

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Can i sue the estate of a former renter for unpaid rent and damages?

We had a renter who died. She was a few days from paying rent when she passed so the family asked if they could have another month to gather her stuff and have an estate sale. After having the estate sale they left and refused payment. Also the house was left in horrible shape with lots of damage.... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

Yes. You would sue the executor of the estate. Before suing, you file a claim for unpaid rent and damages with the estate (file in the court estate file AND send notice to the personal representative). If the claim is denied, then you have 90 days to sue.

2 Answers | Asked in Car Accidents for North Carolina on
Q: Should I hire a traffic lawyer in Greenville, SC where the incident took place or one in Charlotte, NC where I live?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

A lawyer where you live cannot help you in Greenville,SC unless the lawyer is also licensed to practice law in SC. You need a traffic attorney in Greenville SC if you are charged with a traffic offense there. Your place of residence is not relevant.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I sell my house to my son for less than the appraised value in North Carolina.
Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

Yes. You can sell the home for whatever you want to sell it for to anyone. As long as the mortgage is taken care of. There may be a gift tax issue if more than $13,000 is given to the son. There may also be an issue regarding realty transfer taxes - I don't know - I do not handle real... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can my spouse add their name to my house which was purchased prior to our marriage without my consent?

The house is still in a mortgage

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

No. It would be impossible as a new deed would have to be done conveying the property from you to you and your new spouse. So unless your spouse is forging documents or otherwise acting illegally, its not possible.

1 Answer | Asked in Divorce for North Carolina on
Q: Do i need a lawyer if i have been seperated from my wife and we do not have any assets together in the state of N.C.
Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

Nope. If there are no property, child custody/support issues, if you have lived in NC for at least 6 months and if you have lived separate and apart from your spouse for one year or more, then you can go to your county clerk and see if they have a pro se divorce packet. If your county does not... Read more »

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