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Questions Answered by Barry W. Kaufman
3 Answers | Asked in Collections for North Carolina on
Q: I need a listing of lawyers in Mecklenburg county that can consult me on a debt collection suit
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 1, 2023

We don't do that in this forum. There may be other places on Justia where you can look.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a 3-day eviction notice legal when you've been living in an extended stay hotel longer than 2 years?

I have four boys one of them is autistic and we have nowhere to go but live in our car

Barry W. Kaufman
Barry W. Kaufman
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...
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2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Barry W. Kaufman
Barry W. Kaufman
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...
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1 Answer | Asked in Consumer Law, Business Law and Collections for South Carolina on
Q: If I was told an insurance package would cover my vacation from any pandemic related issues and now they won't pay.

Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

"I was told". "I didn't read the fine print".

These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is...
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1 Answer | Asked in Estate Planning, Collections, Construction Law and Land Use & Zoning on
Q: Dependancy & Neglect case, can you file a motion for Judgment and Order for Possession to get your children back?

Your children are considered your property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 26, 2023

Please hire an attorney an immediately. You are in way over your head and none of the things you are thinking of filing have any relationship at all to the legal issues at hand. If you continue to play lawyer you are going to lose whatever is left of your case.

1 Answer | Asked in Collections for Indiana on
Q: agree on payment contract for an certain amount say 150.00 monthly and if i happen to not have 150 they dont accept 75

plus keep adding 35 late fee and addtional interest

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

Yes. The minimum is $150.00. It is NOT anything less, regardless of the reason.

1 Answer | Asked in Collections and Small Claims for Florida on
Q: What if they DIDN'T notify you prior to garnishing your wages? Can I get it desolved because of that?
Barry W. Kaufman
Barry W. Kaufman
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.

2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

Maybe. There is no status called separation in Florida. You are either married, or you are not. You should review the matter with your family law attorney. You should also have a real estate attorney represent you in the purchase of the home.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am being taken to small claims court as a defendant. I am a contractor and being sued. 3 years later

We removed the flooring in his home and his foundation was cracked. After giving him options of methods to proceed he said he would think about it. I then called him to see what he was going to do and he had hired another contractor to install his new flooring. Then demanded the balance of his... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

You are required to furnish the documents he requested within the timeframe he requested it. You should retain an attorney to defend yourself.

1 Answer | Asked in Contracts and Collections for Virginia on
Q: How enforceable is a contract that was signed in Alabama but in confusing agreement, states it is signed in VA

I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

Without being able to read the contract, which we cannot do in this forum, nobody can give you an answer except that you should take the document to a local attorney to determine its enforceability. The likelihood is small that a mistake like that would render the contract unenforceable.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal fora lease application to make you give your bank username and password to complete the lease application.
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

I dont know whether it's legal, but it's extremely inappropriate and if I were applying to rent and the prospective landlord asked me for my bank's user name and password, I'd immediately terminate the application and tell the landlord to take a long walk on a short pier.

1 Answer | Asked in Consumer Law, Collections, Constitutional Law and Gov & Administrative Law for Alabama on
Q: Hello! This question is in regards to15 U.S. Code § 1681a - Definitions; rules of construction

As far as exclusions, it states your consumer report does not include a report containing information solely as to transactions or experiences between the consumer and the person making the report; does that mean that late payments on your credit report are illegal?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 12, 2023

No.

1 Answer | Asked in Civil Litigation for Florida on
Q: I had a contempt of court motion placed on me and a court date set that I cannot meet due to business obligation. What c

What can I do to change that date?

Barry W. Kaufman
Barry W. Kaufman
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 »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: I need to request a new hearing in a civil case in Charlotte Co. FL. that I was found liable for because I couldn't make

It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?

Barry W. Kaufman
Barry W. Kaufman
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...
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1 Answer | Asked in Collections for Illinois on
Q: What to do when a student loan provider demands money?

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 »

Barry W. Kaufman
Barry W. Kaufman
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 »

1 Answer | Asked in Collections for Arkansas on
Q: legally, can I make less than the minimum payment to a med. bill w/o it be turned over to a collection agency?

My minimum amount this medical entity is trying to make me pay is $80 monthly but I'm only able to currently pay $25 monthly. If I'm making a good-faith effort of $25 monthly, do they legally have to accept that amount without it being turned over to a collection agency?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 6, 2023

No. If you don't pay the minimum due, they can turn you over to collections.

1 Answer | Asked in Collections for North Carolina on
Q: If a collections company reports false information to the credit unions, damaging my credit score. And I dispute…

… the report, and get it removed from my credit report. If the credit score does not return to its pre incident value . Isn’t that defamation? Like textbook definition of defamation? Libel used to hurt my reputation?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 6, 2023

Probably not, no. You can try to make the argument in court, of course. Consult an attorney who does that kind of work; it will not be an inexpensive proposition.

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

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?

Barry W. Kaufman
Barry W. Kaufman
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.

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1 Answer | Asked in Civil Litigation for Florida on
Q: do I have to repay my ex his promies note after he done recover his sthing he had to buy back
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 3, 2023

Your question is incoherent, and does not include any facts. Nobody could possibly answer your question. Please try again.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: does the law in FL about a 72hr cooling off period for contract cancellation apply to apartment leases?

If the lease has been signed and approved by the property, could this law be cited by the tenant to cancel the lease?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 29, 2022

No. That law doesn't apply in most contract situations, leases for property being one.

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