Leonard R. Boyer's answer You need to retain an experienced civil litigation attorney to represent your interests in this matter. There is a straight forward way that an attorney who is experienced in both civil litigation and real estate can take to protect your interests. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially...
Robert Lopez's answer Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be regulated by that state's Attorney General's office. The actual names of the departments/divisions will vary in each state. The cost of each license will also vary, but it may cost you somewhere...
Richard Winblad's answer Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.
Timur Akpinar's answer It sounds like you acted with the best of intentions in handling the award. From your description, it looks like you may have settled the case yourself. Even if an attorney was involved in handling the award under an infant comp order, it's hard to say if they would have done better with a more financially fruitful route. Only a financial or investment professional could make that call in hindsight. Whatever is done is done. Maybe the present sum could be discussed with someone at a bank to...
Adam Alexander's answer More information is required to provide you with an answer. Is there a judgment against you? If so, what court, have they filed a writ of garnishment, have they taken any collection actions?
I suggest you provide a new question including very detailed dates and facts. That way you will receive a response that will be much more helpful.
Timothy Denison's answer Go to the courthouse, have them pull the file and you will be able to see if they have s judgment and is so, what collection efforts are underway against you. You may want to hire a lawyer to help you try and settle the case.
Griffin Klema's answer Your question is somewhat confusing. If the borrower and the contractor are on "opposite sides of the v." or are both a plaintiff or a defendant but adverse to one another (such as a cross claim) then a release should be able to accommodate whatever settlement structure the parties desire or can negotiate for. If both the borrower and the contractor are not parties in the action, then getting a settlement agreement (contract) that includes the goals you describe may be more difficult. It may...
Daniel John Christensen's answer I am so sorry to hear about this happening to you. While this is not the type of law we practice, I would encourage you to contact the State Bar Lawyer Referral Service and ask for a business litigation attorney. Good luck.
Rahlita D. Thornton's answer I’ll assume the home was purchased after marriage. In that case it is community property regardless of whether your name is on the loan. If you are now pursuing a divorce you can ask that these funds not be used until everything is sorted out. Let us know if you need our help. 888/343-4529 or 888/3434LAW.
Anthony Marvin Avery's answer Probably they can, especially if you agreed to it by signing the Note and the Deed of Trust. If they gave you some specific reason why they did not want your business, then it might be something to report to HUD, but I doubt there is any merit. Also you are talking about going after the Lender that you just gave a Deed of Trust to, who might just decide to foreclose.
Michael David Siegel's answer It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.
I am not sure this is a banking question but, in any event, it would be helpful to have some additional information. Who is the payee that is handling all of your finances currently? How was that person appointed? Have you spoken to him or her about whether you can again control your own finances? If so, what did he or she say?
Ronald J. Eisenberg's answer Your question is not one that can be meaningfully answered in a couple of sentences. It's like asking, "How do I build a house?" or "How do I perform an appendectomy?"
The short answer to your question is that you file a petition in an appropriate court asserting a proper cause of action, assuming you haven't entered into a binding arbitration agreement covering your situation. But that answer doesn't do you much good.
While you have the right to file a lawsuit without an...
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