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... View More
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.... View More
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?
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.
take further action. Date has passed for tenant to pay up. Do I now have to give tenant a 15 day notice to end month to month tenancy? I am located in palm beach county.
answered on Dec 26, 2022
Cease work. You have no real idea what you are doing, and you are liable to make an error which will cost you.
You don't send a 7 day notice when the tenant refuses to pay, you send a 3 day letter, properly delivered and which conforms to the statute.
Many counties, Palm Beach... View More
decision was not what I had asked for. I filed a motion for a new hearing was denied. I found this out 20 days later because I went online received nothing by mail. What can I do to get a new hearing?
answered on Dec 22, 2022
You asked for a rehearing and the Court denied it. That's the end of you getting a new hearing. It may be possible to appeal the ruling, but you'd need an attorney who practices appellate law to review the case and the timelines for filing a notice of appeal are very tight.
What can I respond to this letter?
answered on Dec 20, 2022
here's a sample of what you should say.
Dear HOA,
I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my... View More
Was durning an eviction, but landlord had agreed to given us more time to move the day before , in front of another officer.
answered on Dec 20, 2022
"It was during an eviction" - this means that the sheriff was there to execute the writ of possession. What happened the day before is anyone's guess, but once the writ of possession is posted, the sheriff is going to come out on their schedule. The answer to your question is yes -... View More
For example, if you received a three-day notice on a Tuesday, then the third day of the three-day notice would be Friday. So, can your landlord file for a notice of eviction on Friday, or must they file for eviction after Friday.
answered on Dec 19, 2022
The day you are served the 3 day notice is day zero. Saturdays, Sundays, and holidays are not counted. So lets say the LL posts the eviction notice on Thursday. Day 1 is Friday. Day 2 is Monday. Day 3 is Tuesday. If you have not vacated the space or paid the rent by close of business on Tuesday,... View More
answered on Dec 12, 2022
Eviction is a legal term; it is often used as a catch-all phrase. For an eviction, there must be a landlord-tenant relationship. If there is not that legal relationship, there cannot be an eviction. There are other ways to legally remove someone from the premises, but generally these actions are... View More
answered on Dec 8, 2022
You don't simply change names on a deed. The owners named on the present deed must convey the property to someone else, either by sale or quit-claim. The owners of the property should consult a local Maryland real estate attorney for actionable advice.
My landlord went up on my rent and planning to raise it again in February, so I've been looking for another place.
answered on Dec 7, 2022
You cannot be held liable for an amount of rent that you did not agree to pay. In other words, you can only be held liable for rent that is required by your present lease.
I recommend that you thoroughly review your present lease and furnish the landlord any notice that might be required of... View More
I'm tired of hearing people say, after I explained what happened to me, OMG you need an attorney. Can an individual sue the county?
answered on Dec 6, 2022
In theory, yes but government bodies may be immune from suit under a doctrine called sovreign immunity. Nobody online can give you the level or quality of advice you'd need to be able to act on your own; only an attorney whom you retain to resolve the issue can do that.
I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.
answered on Dec 3, 2022
Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.
answered on Dec 1, 2022
Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.
account is delinquent and cannot pay the minimum so I am paying below minimum amount.
answered on Nov 30, 2022
Yes. A minimum payment means that's the least amount you are expected to pay so that legal consequences do not befall you. Otherwise, debtors could pay whatever they liked each month - a penny? a dollar? - on a loan of any amount and the creditor would be helpless to enforce the loan. The... View More
that prevents me from doing this?
answered on Nov 29, 2022
You should read and thoroughly understand your financing documents. But let's assume that there's nothing in the financing documents that prohibits you from adding her. Adding someone to a deed or the title to a car, to whom you are not married might be one of the poorest decisions anyone... View More
divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.
answered on Nov 29, 2022
Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... View More
My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... View More
answered on Nov 28, 2022
You must have the Massachusetts alimony order recorded in Florida. Once recorded, a Florida court can enforce the order. My advice is to retain an attorney in the county or near the county in which he resides.
.
answered on Nov 21, 2022
You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... View More
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... View 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... View 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... View 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... View 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.