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1 Answer | Asked in Banking, Civil Litigation, Collections and Small Claims for California on
Q: California creditor entered garnishment and accepted my exemption without going before a judge but a payment was taken

The courts still had possession on 3 of the payments but released one to the creditors are they supposed to return it do to acceptance of the exemption and if not does that payment start the 7 year clock over?

James L. Arrasmith
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answered on Dec 26, 2024

When a creditor accepts your exemption claim, they generally must return any funds that were garnished after you filed the exemption paperwork. The timing of when the payment was taken relative to when you filed your exemption is crucial - if the payment was taken before you filed the exemption,... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Missouri on
Q: Can I sue the company Love's travel store because they won't stop taking money out of my bank for services I don't get?

I'm an owner Operator of 1 truck trucking company. I gave Love's $3,000 for a secured credit to get fuel. After the 1st week I didn't like it. I called them to cancel. I only used $2,500 of the $3,000. They owe me $500. I was told I won't receive that and they go into my bank to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2024

Unless your contract has an arbitration agreement that precludes a lawsuit, then you may sue. If your company is the plaintiff you may represent it in small claims court, but if a trial de novo is sought you’ll end up having to hire counsel and spending a lot of money fighting over a small sum.

1 Answer | Asked in Landlord - Tenant, Civil Rights and Small Claims for Florida on
Q: My landlord is witholding my security deposit illegally. I informed her in time and left the Apt. in optimal conditions

I took the apartment in uninhabitable conditions on February, 2023. Under the agreement to make the necessary repairs and pay a monthly rent of $1,634.00 adjusted to meet the cost stipulated by the Miami Beach Housing Authority (see attached agreement sheet) And that the total cost to be paid for... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by gathering all your documentation, including the lease agreements, communication with your landlord, receipts for repairs and treatments, and any photos that support your case. This evidence will be crucial in proving that... View More

3 Answers | Asked in Bankruptcy, Small Claims and Family Law for California on
Q: Bankruptcy and lawyer fees

I recently went through a divorce, and a family member was covering the cost of my attorney. However, I wasn't seeing any progress, and my family started to feel that the attorney was taking advantage of the situation by dragging things out to increase their fees. As a result, they stopped... View More

Timothy Denison
Timothy Denison
answered on Dec 23, 2024

Yes. You can.

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0 Answers | Asked in Lemon Law and Small Claims for Georgia on
Q: When you have an auto that you purchased with a warranty that you purchased up front and the warranty and dealership

The warranty company and dealership are at conflict. And suggests fraud.

0 Answers | Asked in Small Claims for Michigan on
Q: My ex 3 years ago borrowed money from bank to help me with car repairs. We have since broken up and she wants pay back

She first told me that it was from a savings account but later told me it was “standby money” from the bank and she had to pay back the loans and it’s been 3 years after break up she is seeking the money back but never asked for it back during the relationship can she legally sue me although... View More

0 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law and Small Claims for Massachusetts on
Q: What are the steps to and evidence necessary to sue landlord and the city for collusion and criminal neglect ?

Property manager was caught lying about alot so after finding her useless and my place unacceptable I brought into the local BOH, over 9 inspections over the last 19 months they cited many violations , including state minimum sanitary code , the property manager ignored every work order and... View More

0 Answers | Asked in Small Claims for Florida on
Q: I was conned out of my deed from a guy who has aceimnql history of this he claimed to get me a200,000 loan in my house s

I'd have to sing over the deed as soon as that was done he came here cut my trees and is trying to make me move out he gave me a phonr contract with a real lawyer that's in his pocket

1 Answer | Asked in Small Claims for California on
Q: I’m homeless bought a 2002honda accord transmisión. Damage fake papers
James L. Arrasmith
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answered on Dec 22, 2024

If you need help with vehicle registration and documentation in California, you can visit any DMV office for legitimate assistance. They offer fee waivers and payment plans for people experiencing financial hardship. Additionally, many counties have programs to help with vehicle repairs and... View More

0 Answers | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: If someone enters my house with a key, takes an damages stuff an ran up an electric bill but I have no tangible proof

I asked for key to be returned in Oct via police, but was given wrong key. And I didn't want to have landlord change locks so I didn't mention it to them. But I was gone about 3.5 weeks to return an pack my stuff an it was missing as well as damaged stuff. Law enforcement said it... View More

1 Answer | Asked in Small Claims for California on
Q: I'm suing Sears and their Installer in Small Claims Court. Their installer of an HVAC system became an LLC AFTER causing

(cont) damage to my home. Do I sue the installer under his own name using 'DBA' and his company name without 'LLC' or do I use what is shown on the SOS.CA.GOV website with the 'LLC' and the Agent for the Service of Process?? My process server seems to think that since... View More

James L. Arrasmith
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answered on Dec 21, 2024

Based on the timing of events, you should sue the installer under his personal name and his business name (DBA) as they existed when the damage occurred in 2023. Since the LLC formation happened after the incident, the LLC structure doesn't protect the installer from liability for events that... View More

0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: Bought a car as-is, ad states that specific repairs have been completed, but haven't. Is dealer still responsible?

Purchased a used vehicle "as-is" on 12/09/2024. The ad the dealer placed stated "Car is in perfect condition and needs absolutely nothing. All services are done, with new brakes and rotors." I took the car to my mechanic on 12/13/2024. He said that the front brakes were new, but... View More

0 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: Purchased used car June 24 now it has wiring problems estimated at 10K. Do I have cause of action ?

The car was purchased in McKinney from a Dallas company, I was looking at two cars, one being out of state. I was told this car had no issues and they were local in case I had any problems. I purchased under this assurance ! The car is a Superformance Cobra built in 2008. The car did have problems... View More

0 Answers | Asked in Business Formation, Business Law and Small Claims for Iowa on
Q: I was wondering if I could pursue legal action against a car dealership, believe they withheld information about my loan

I believe they purposely withheld information about my auto loan. I never received a copy of our contract and it was only until recently that I downloaded the app to check my progress that I realized they were charging me 6k to finance through their bank. Leaving the total I need to pay more than... View More

2 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Collections for Montana on
Q: Confused by "Notice of Execution to Judgement Debtor" letter

I have a judgement against me for a $4400 medical debt. My pay stub from 1 week ago confirms that almost $300 was garnished for my creditor. Today I received the Notice of Execution to Judgement Debtor. It says they may levy more than once during the writ and some items are exempt. It lists items... View More

Timothy Denison
Timothy Denison
answered on Dec 18, 2024

You should be prepared for them to try and get what you do have. If they seize anything that is exempt under the exemptions as set out in the Notice, you should immediately file an objection with the Court. Otherwise, it appears you are pretty judgment proof.

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0 Answers | Asked in Contracts, Energy, Oil and Gas and Small Claims for Utah on
Q: I own lease for mineral rights thru SITLA. previous owner has NOI and bond still opened. Rec bond should be transferred?

I own mineral lease they SITLA, Utah state lands. I am required to file a NOI/reclamatiom bond with dept of oil gas and mining. Previous owner has had a NOI and posted bond to cover his disturbance and he is still liable for this disturbance until my NOI is approved by the state (and they get... View More

0 Answers | Asked in Identity Theft and Small Claims for Indiana on
Q: Car dealership signed my name to loan documents what can I do about this?

My son purchased a truck unseen from a place in Illinois, we live in Indiana. I was asked to co-sign for the loan. I filled everything out as a co-signer. I called the bank to ask why I was the only one receiving emails and not my son. I was informed that I am the only one on the loan and the... View More

0 Answers | Asked in Small Claims, Consumer Law and Collections for Connecticut on
Q: Debt buyer submitted 3 billing statements on an old debt. I disagree with the balance. Should I file a Motion to Dismiss

I received a civil summons on an old debt (The statute of limitations runs out February 1, 2025) that I have been disputing since 2020. I've requested a full transaction and payment history numerous times. They only provided 3 billing statements and verbally informed me that that's all... View More

1 Answer | Asked in Real Estate Law and Small Claims for Louisiana on
Q: If we do not have 78 members at an HOA meeting can we still vote for a new President? How long is the terms of office?

HOA help

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 18, 2024

More information than what is provided is needed to answer your question. The answer should be contained in the governing documents of your subdivision, most likely the bylaws, however it it possible the answer is in either the restrictions/covenants or the articles of incorporation. You would... View More

0 Answers | Asked in Contracts and Small Claims for Oregon on
Q: Ex Partner agreed to pay for using my car for months and now refuses to pay: Can I successfully sue? (Proof on text)

My ex-partner borrowed my car for several months, agreed to pay for me some money for using it, and agreed to renew the registration while using it, which did not happen. I have multiple text messages in which my ex promised to pay and offered $400. Ex partner now refuses to pay and says the terms... View More

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