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
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... View More
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... View 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... View 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.... View 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.
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... View More
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... View 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... View More
She has now told us we have to move out but we have nowhere else to go. What is the procedure she has to go through to put us out? What are our rights?
answered on Oct 24, 2022
If there is an agreement to pay rent, or an agreement to provide services or labor between you and mom, you may be considered a tenant. If not, you are a guest. If a guest, you must leave now. Whether you have a place to go (tenant or guest) is legally irrelevant. What you want to avoid is a... View More
Won a county auction for a HOA foreclosure. Our bid is way over the foreclosure amount set by HOA. Want to know in this case, is the surplus funding (after paying off the HOA lien) will automatically assign to the first mortgage by the clerk of court? Or the surplus fund goes to the original owner?... View More
answered on Oct 21, 2022
Here's how it works: the plaintiff (HOA) is paid first, then any subordinate lienholders (subordinate to the HOA), then the foreclosed owner. The first mortgage holder (for example, the bank that holds the mortgage) doesn't get a dime.
She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... View More
answered on Oct 18, 2022
It depends on whether mom had a will and some other things. If my wife died, my son couldn't just come into my house and take things that belonged to my wife (let's say her favorite baseball cap that she wore when he was growing up, and so it had some meaning to him). Bank accounts, cars,... View More
Our rental home was hit directly by hurricane Ian. The house is habitable, lights, water, roof, etc are all working. We are working with an insurance adjuster and insurance company to work the remaining repairs. The tenants are now saying they are going to deduct the cost of a temporary fence from... View More
answered on Oct 18, 2022
There are very few justifications for a tenant to withhold rent, and this is not one of them. Tenants owe you the full amount of rent, and this garbage of "we rented the place with a fence" is just that unless you are obligated by the lease to provide a fence.
You should have a... View More
In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More
answered on May 2, 2024
You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?
How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More
answered on May 2, 2024
I recommend that you retain an attorney. If you cannot afford to hire a private attorney, seek assistance from Legal Aid. Your post is difficult to follow and I think that besides being represented by an attorney, you'll need to explain in person what's going on. Good luck.
I asked for my security deposit that my lease states I have gave her and I have messages of her saying she’ll return it. But as we were getting ready to leave she stated that it wasn’t a security deposit then proceeded to send me a screenshot of my eviction notice and when I asked why she said... View More
answered on May 2, 2024
You need a lawyer. Contact Legal Aid for help if you cannot afford an attorney. It doesn't sound like she's playing by the rules, and she is required to play by the rules (Florida Statutes). A lawyer will be of immense help.
I am writing to seek your expert legal opinion and guidance regarding a complex situation I am currently facing. Here is a summary of the circumstances:
- Two years ago, I purchased a home and followed all the necessary procedures, including hiring a title company.
- It has come to... View More
answered on Apr 30, 2024
My expert legal opinion and guidance is that you hire an attorney to defend the lawsuit. That's it.
answered on Apr 21, 2024
No. You must leave no.later than the day your lease expires.
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 15, 2024
You will need to hire a probate attorney. The bank is correct. You do not get the $$ in his account merely because you were married. The probate court must determine your rights to his estate.
answered on Apr 15, 2024
Your lease is controlling. There's no law that addresses your specific issue.
answered on Apr 11, 2024
Do you need one? No. Should you have an attorney prepare a loan document? Yes, if the amount is worth it.
Remember the cardinal rule about loaning people money: **Never loan to anyone money that you cannot afford to lose**.
I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state
answered on Apr 7, 2024
You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.
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