If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help
I was served correctly. I filed the answer in a timely manner. Months went by. I called to inquire about my court date at least 3 times over those months. No court date was ever set. 7 months later, I received a default judgement signed by the judge. How could a judgment be given without a court... Read more »
If I have a bank account in my name and my ex is a sub person on the account but her checks are direct deposited to my account and I close the account due to her hacking in and changing all of my information on my bank account where I could no longer get into my account. As well as my emails and... Read more »
It would depend greatly on what you mean by “hacking in” to determine whether you have a cause of action. If she is/was also an authorized account user, she would be/is legally permitted to make changes to the account. However, if she has defrauded you or misappropriated/stolen funds, you may...Read more »
It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.
This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.
There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.
You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that allows you to...Read more »
Can any be objected to based on relevance such as employment, medical records, medications, household expenses if community assests have not be used to pay expenses and an no requests have been made to alter original judgement?
She has said through text messages numerous times that she was going to set up payment arrangements to pay the rest off. She still owes about 6000 and has not set any arrangements. I am having to try to pay it off so it does not continue to affect my credit. She has recently moved to Michigan. I... Read more »
If your situation is as clear and simple as you state, than most likely, "No." BUT: I do not think your "situation" is as clear and simple as stated. You may be referring to your Parent's Trust or Living Will, under which you were/are to get the home.
I am Italian but I have a curiosity about American law: In Italy, when someone is the person damaged by the crime who intends to assert his claim for compensation or restitution before the criminal judge, he becomes a civil party. How does it work in America?
Your question bridges two areas of practice under U.S. law. You ask about restitution. That is a remedy provided for under criminal law, where the criminal must pay the victim for losses they caused (medical expenses, lost wages, property losses, and others). There are also crime victim...Read more »
After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to "serve"...Read more »
I'm sorry for your difficult situation. If you have an interest in the property and want to prevent foreclosure, you must act without delay. Four weeks have gone by and your post remains open. Time is of the essence here. If you need to prevent foreclosure and have not already acted by now, start...Read more »
I cannot find what claim, if any, I might have for being sold a property via General Warranty Deed, that ended up not having a legal right of access. What, if any warranties would this be a breach of? The Deed did not expressly provide that the property would be conveyed without access.
In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted...Read more »
I let someone live at my house to get their life together and they haven't. I have told them time and time again that I do not want them here, and they refuse to leave. They are living here full-time and refuse to leave on their own. There is no agreement of any sort stating that they may live... Read more »
You can still follow the normal eviction process, even without a written lease. You give them the required written notice to vacate, and if they don't, then you file the eviction. Check your local court web site for the eviction process, or use the Find a Lawyer tab to retain a local attorney to...Read more »
She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.
All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most probably researched the...Read more »
You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to...Read more »
My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can he... Read more »
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