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 »
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 »
I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.
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.
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 »
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 »
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 »
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 »
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.
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 »
answered on Nov 10, 2022
Time to retain an attorney. It seems you've hit the wall with Carvana.
of it if he dies or sells it. Is there a way that I can do this if he agrees to the terms?
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... Read more »
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.
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 »
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?
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.
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
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 »
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 »
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 »
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 »
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.
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 »
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.
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 .
answered on Oct 29, 2022
Sending you notice doesn't impact a statute of limitation.
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 »
answered on Oct 28, 2022
You need to retain an attorney now. This is not something that you should try yourself.
A business agreement was drawn up with an LLC but not signed.
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 »
Do I go after the owners?
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.
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 »
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... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
