We are faced with this occasionally. There is less than $15000 in an account, no funeral expenses, or last medical bills, no surviving spouse, and multiple children. Do we split the funds between the next of kin or does it go to the first one that contacts us?
You have to comply with the Intestate Succession Statutes T.C.A. Sections 31-2-101 et seq. Claims against a Decedent are rarely your concern, and you will know one by a Court Levy. Giving money to the first claimant all the time will get you sued for Conversion. Hire a competent attorney on...Read more »
I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.
You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.
I deposited checks into a different financial institution as the void date is near. I went to the bank and they stated there was nothing they could and referred me to a property claim website. In looking on the site there were no claims attached to my name. In speaking with the treasury department... Read more »
Cashier's Checks are the issuing Bank's own Note. Hire a very competent attorney to sue the Issuing Bank for wrongful dishonor, possible breach of contract, etc. You may have to sue the Bank in its own jurisdiction. Is the Bank still in business? It sounds like it folded and...Read more »
My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »
The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.
The personal property and bank accounts of the...Read more »
Take out some cash to pay off some bills. I have approximately $60,000 in a retirement account another $30,000 in cash. What would be the best avenue to take in my quest? Your thoughts would be greatly appreciated.
If you put a Deed of Trust against that real property, the lender will foreclose immediately upon any default, not just non payment of the Note. I recommend not borrowing against the home and do not suffer a Judgment against you. The Judgment will be executed against the property.
I called them to complain about this error and get the money back because they had left 3$ in my bank acc and they said 7 days to get a check... okay whatever 10 days later I called turns out they processed the check. I read TN penal codes and nothing discusses this issue only what the check cashed... Read more »
No.. You gave them a check, and they cashed it at their leisure. This happens all the time, and the payee is not breaking a law by negotiating the paper early. You could try to sue the payee for breach of contract, but it is not advisable.
I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?
Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.
I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.
Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... Read more »
If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as...Read more »
Someone came to my roommates house today and dropped papers off for me and it just so happen to be a civil summons in regards to a c.c bill I defaulted on when I lost my job. I know they can take whatever I own in order to satisfy a judgement but it also says that if I want property exempt from... Read more »
Hire a competent attorney that understands notes and exemptions. Few know how to exempt property, which is what you should do now and in the future for at least 10 years. The attorney should attempt to make the contract debt as painless as possible, then properly exempt your chosen personal...Read more »
The contract can have whole statutes or partial statutes. It can be whatever the draftsman wants and the parties agree. Hire a competent attorney to examine it and see if it is enforceable, complete, unambiguous and non-contradicting.
If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the...Read more »
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