Barry W. Kaufman's answer You should re-post your question on the criminal law board. Probate has nothing to do with probation; probate is the legal process of administering the assets and debts of a person who has passed away.
Barry W. Kaufman's answer There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
Barry W. Kaufman's answer Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Barry W. Kaufman's answer This is something about which you should speak to a lawyer, face to face. Expect to pay for a consultation. Have information and/or documents with you - dad's full name, date of death, city/state of death, city/state where he lived at time of death; stepmom's name and address, phone #; etc. If you have a copy of the Will, bring it with you. Good luck.
Barry W. Kaufman's answer Can they do what? It could be a simple bookkeeping error on their part, and need your assistance in finding the error. However, as the previous lawyer said, you should have a receipt that you paid in cash. If you don't have a receipt, how would you prove you paid them? Just because you say you paid them is not proof that you did. You need a receipt. If you don't have a receipt (or some other documented evidence that indicates that you paid), you may very well be out of luck.
Barry W. Kaufman's answer Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a hearing. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
Barry W. Kaufman's answer Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Barry W. Kaufman's answer A collection agency can call you and write you letters, demanding payment. The agency may be able to report the debt to a credit bureau reporting agencies. But unless it owns the debt, it cannot sue you without hiring an attorney (in most cases). Most collection agencies do not buy debts; most have accounts referred to them by the original creditor. If the agency is not successful collecting, the creditor will pull the account(s) back, and refer them to a different agency. The fact the agency...
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