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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Why is the Pushmataha Court allowing a debt collector to sue me for a debt over 7 years old with no further contact?

Last contact with debtor was a letter dated 2015 asking for debt forgiveness.

I've responded to the Motion for judgement and motioned for case dismissal, with copy of letter to creditor with Affidavit. Motion to dismiss was that the debt is 7 yrs old and well passed the statute of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

Your veteran status has no bearing on anything. A motion to dismiss is inappropriate as a response to a motion for judgment. If you did not answer the allegations of the complaint, the plaintiff obtained a default. If you did, your answer may not have raised, in the eyes of the plaintiff, any... Read more »

2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

You may still be able to get to the property, but you'll need to review the matter with a lawyer.

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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I've been buying a house from an individual or contract is listed at the courthouse she's refusing payments

She returns by payment for the last 2 months she will not communicate with me she's telling me to get out of the house she wants to move back in it I've spent three years fixing up this house it didn't have Plumbing floors anything when I bought it now that I put thousands in it she... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

PLEASE DO NOT do this yourself. Hire an attorney.

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2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 14, 2022

You are smart to ask the question (although your parents should). Nobody, in my opinion, should quit claim anything to anyone for any reason without the advice of an attorney. The consequences of doing so, without due consideration of them, can be a nightmare once those consequences occur. There... Read more »

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2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 11, 2022

Yes it's possible. She hasn't made all her payments; she's missed 3. If you want to make certain that nothing happens to mom, make the payments on her behalf.

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

1 Answer | Asked in Real Estate Law for Florida on
Q: My brother and I have a timeshare together in Florida. I would like to take my name off of the deed but would like half

of it if he dies or sells it. Is there a way that I can do this if he agrees to the terms?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

In general, your brother and you can quit claim (a type of deed) your share to you. He can put it in his Will that you get the timeshare when he dies. Of course, he can change his mind at any time and change his Will, and he doesn't have to tell you.

Specifically, you should consult a...
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1 Answer | Asked in Contracts, Business Law and Collections for Idaho on
Q: My Idaho corporation loaned 250000 to a LLC in Texas and I need to get my money back. Do I need a lawyer in Texas?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2022

Probably but you might be able to sue in Idaho. You should consult an Idaho lawyer with your promissory note or contract to determine where you can file suit.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My condo has no power and the landlord nor property mgr know why. Do I have a right to use power from a common area?

I attempted to use a single extension cord plugged into a hall outlet so that I am able to do my job; the property manager has twice removed it. Once with no comment, and the second time said I cannot use the buildings power despite there being apparent reason for mine to be inactive. It's... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 7, 2022

No, you cannot use the building's power. Why would you think that's OK? Moreover, you rent the apartment to live in, not as a business office. You should find out why your power is shut off. Are you supposed to complete a maintenance request?

2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 6, 2022

Section 475.17(1)(a), Florida Statutes, requires you to be a high school.diploma graduate or equivalent, as the minimum education level, to be a licensed real estate agent

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1 Answer | Asked in Divorce, Family Law and Collections for Georgia on
Q: GA order need to garnish in TN for unpaid $.

Have a judgement against my ex for over $36,000 in court in GA. He resides in TN. The order states he agrees to pay $250 per month to my local court. He has made 2 payments in the last 2 years. Without hiring an attorney, how can I apply for a garnishment in TN to obtain what’s already been court... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 1, 2022

You would have to follow the Tennessee procedures to make the Georgia judgment into a Tennessee judgment. Once the judgment is "domesticated" into Tennessee, you can move for a writ of garnishment in that court. The place to start is the Tennessee statutes, more than likely online. You... Read more »

2 Answers | Asked in Family Law for Pennsylvania on
Q: My father received a letter from an attorney asking him to return items that are his to his ex.

The attorney sent a letter that states:

Dear Mr.___

I had an opportunity to meet with Ms. ____ regarding the outstanding property in your possession.

It is my understanding that you have the following items:

1. Kitchen table and four (4) chairs;

2.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

If your dad has questions, he should contact her lawyer.

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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

It sounds like a scam. I'd ignore it. If its a scam, there is no lawsuit and never will be. Moreover you have to be served with the complaint and summons by someone authorized by Pennsylvania law to do so. Relax and enjoy Halloween night.

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3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

Assuming there's no statute of limitation issue, the lender can sue to foreclose the loan and your interest in the house.

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2 Answers | Asked in Collections for California on
Q: Is it there's statute of limitations in serving a notice of renewal to a defendant.

I'm in California and my creditor renewed a judgment but didn't give me notice or send the notice to wrong address which didn't belong to me .

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

Sending you notice doesn't impact a statute of limitation.

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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Am I entitled to my my deceased mothers half of a house jointly owned by her and her living husband?

My mother didn't leave a will per se but she did leave a document saying what she wants done with here valuable assets. Her husband is still alive and living in a long term care facility and is on medicade. My step brother is moving quickly to have me removed from the house (I live in the... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

You need to retain an attorney now. This is not something that you should try yourself.

1 Answer | Asked in Business Formation, Business Law and Contracts for Florida on
Q: Is a verbal agreement to partnership in a business enforceable in regards to opening a business?

A business agreement was drawn up with an LLC but not signed.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

Florida law recognizes oral agreements in some situations- its the duration of the agreement more so than the nature of the agreement. However, in order for an oral agreement to bind, a court would have to determine that both parties acknowledge that there was an agreement made (meeting of the... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: If I have a money judgment against a company that has been dissolved, who do I go after to collect my judgment?

Do I go after the owners?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2022

Nope. You don't have a judgment against the owners. Your judgment is (sorry to say because thus is how I make money) not worth the paper upon which it is printed.

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Name of document for Offer of Judgement

Hello,

If I want to make Offer of Judgement in civil case about deposit relates to real estate sales and purchase contract in Florida, can it be named "DEFENDANTS’ PROPOSAL FOR SETTLEMENT TO PLAINTIFF" or it should be named strictly "Offer of Judgement"?

And... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2022

It really doesn't matter what you title the document (perhaps the best is a combination of the above - "Plaintiff's Offer of Judgment")

You MUST refer to both the rule and statute. Offers of judgment are construed extremely narrowly, but you must make sure that you make...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict me even though I live in a fema disaster area Just following up after hurricane Ian?
Barry W. Kaufman
Barry W. Kaufman
answered on Oct 26, 2022

The short answer is probably.

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