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I live in Washington County, the property was rented is in Cherokee County and the owner lives in Lincoln County Arkansas. I have sent certified letter of demand and now need to file a judgment. After 4 attempts at the Washington County courthouse I'm frustrated, and don't know how to... View More
My attorney that was working my case stole my money. He was caught by the district attorney convicted and ordered to pay restitution payments of 100 a month. However he has not paid since 2022. What are my options to get my money?
answered on Sep 17, 2024
Discuss the case with a legal malpractice attorney in your state. The attorney can get determine whether or not is past the time limit to sue. Even if it is not past the time limit to sue, there may be issues of recovery, if the attorney had no insurance and has no assets.
You can also... View More
They said they will be looking into legal action if I continue to be late even though I always pay before I'm due again.
answered on Sep 29, 2023
Yes it's possible. Your contract requires you to pay on time. Quit playing around and pay on time.
answered on Sep 21, 2023
In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More
Last activity on account was 6/23/18. Petition filed 5/12/23 but not served until 8/7/23
answered on Aug 23, 2023
The date filed typically, however, if it is proven the person actively avoided being served that could potentially extend the time.
answered on Jun 28, 2023
No, except for an attorney.
Et al, simply references that there may be additional defendants.
Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and... View More
answered on May 16, 2023
Not surprisingly, your question is missing some important facts.
General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.
A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,... View More
answered on Apr 17, 2023
Assuming this is in litigation, a set of Requests for Admissions, if it is true, Admit, if not true, Deny, if you do not know the response may be “Responding Party has insufficient information and can, therefore, neither admit or deny.”
Note, there can be penalties for not admitting... View More
answered on Apr 11, 2023
While each state may have its own rules, Requests for Admissions are the same in any type of case and the requirement for how they are answered are the same. General objections are not usually allowed unless there is something wrong with the request itself.
Settlement offer was made, payments were sent via check and cashed - then I received a notice from a debt collector that purchased the debt
answered on Jan 26, 2023
It happens.
Debts like that are usually sold in bulk. Usually the seller does not warrant collectibility.
If a particular seller conveys a large number of previously satisfied debts, the buyer may assert a claim against the seller.
But usually, if a few get through, the... View More
answered on Dec 23, 2022
Generally usually yes. Judgments accrue interest at either the rate specified on the face of the judgment or by statute.
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
If SOL expired before wage garnishment was issued is it legal to take my money?
answered on Sep 28, 2022
The statute of limitation to collect on a judgment is much longer than 5 years. The 5 year SOL applies to bringing the lawsuit. You have no statute of limitation defense.
answered on Sep 23, 2022
Possibly, but the burden to trace it and show it was purchased from VA funds is on you.
i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?
answered on May 17, 2022
This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... View More
Am I responsible for his judgment?
Our home is in joint tenancy
answered on Feb 24, 2022
I am sorry for your loss. I would recommend that you contact a probate attorney to discuss your husband's estate (assets and debts) and specifically the question you have posted. A probate attorney might be the best attorney to assist you in determining how to handle (or fight) the judgment... View More
answered on Feb 22, 2022
Oklahoma allows pro se representation so no you do not have to use a lawyer. However I would advise you to use one because there are a lot of things that can get missed if you are not familiar with the process.
We tried to call and see if they’d settle for a lower amount to keep it out of court they declined and are threatening putting Liens on property and taking wages over $1300
answered on Sep 7, 2021
What is your question? They are not required to settle. Once they have a judgment they can garnish your wages for 25% and put a lien on your property. If you allowed the property to be repossessed years ago you might have a defense but you would need to speak with an attorney. Good luck!!
In oklahoma
answered on Aug 24, 2021
Whether you remember the check or not is irrelevant. However, if the bogus check was from 15 years ago and they have made no efforts to collect (lawsuit, garnishment, etc.) then they would be past the statute of limitations.
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