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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Arizona on
Q: A bathroom remodeler wants to assess me with restocking fees because I want to cancel now after 4 mos., can they do that

Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

2 Answers | Asked in Criminal Law and Collections for Texas on
Q: What can I do about some one owing me loaned money with proof of loan

I have text messages and a signed contract with witnesses

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

If it's been a while and you haven't paid, hire an attorney to file a lawsuit, although depending on the amount and your preferences, you might want to do it yourself in small claims court.

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1 Answer | Asked in Real Estate Law and Collections for Virginia on
Q: Can I be sued for damages without any receipts that the plaintiff paid that money.

My landlord is suing me for damages. I received my bill of particulars but only estimates no receipts can the judge rule in the plaintiff's favor without any proof that is what she paid?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

You have to defend the lawsuit. If you allow a default to be entered, you're done.

1 Answer | Asked in Collections for South Carolina on
Q: Credit card co. has gotten an execution of property against my girlfriend in horry county, Murrell's inlet.

She used her card 2 years ago to cremate her 10 yr live in boyfriend, barely makes enough money to pay rent and utilities, nothing left after. I just helped her pay off her vehicle that they bought before he passed. Can the sheriff seize that vehicle to settle the debt or her bank account that has... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

If the judgment is satisfied before the sheriff executes, there won't be an execution. Subject to SC law, the sheriff may very well be able to snatch the car and her bank account. If you intend to satisfy the judgment, DO NOT go by the judgment itself. Contact plaintiff's attorney for an... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: Judgment approved on 6/9/17. Garnishment affidavit filed 4/22/22. Garnishment approved 6/14/22. 5 year SOL has passed.

If SOL expired before wage garnishment was issued is it legal to take my money?

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Contracts and Collections for Maryland on
Q: I would like to challenge the jurisdiction of a MD District court. I do/did not live in MD at the time of service.

Does payment to a credit card made from an address in the MD district in 2010 qualify as minimum contact? I currently live in FL and I lived in PA when the suit was filed in 2013. The only thing tying me to MD at all is this one payment.

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

No, unless the suit involves the transaction itself in Maryland, such as you entered into a contract to purchase a product or service in Maryland and paid the initial payment toward the contract there before leaving. Mailing a check to a credit card company from Maryland or paying toward the credit... Read more »

1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »

Timothy Denison
Timothy Denison
answered on Sep 20, 2022

Get all of your money out of the bank and keep it out until you hire a lawyer and get this problem settled.

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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: first time being sued what do i need to look for and what if i cant afford one upfront

being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Maryland on
Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?

The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... Read more »

1 Answer | Asked in Collections for Virginia on
Q: My father passed away he owes land tax now the county gonna take to court what do I do?

He left me his property and I have a will county transfered it to a lawyer and is threatening to sale property

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 18, 2022

Probably pay the land tax.

2 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

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