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1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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2 Answers | Asked in Collections and International Law for Texas on
Q: I owe money to someone in a foreign country, can they enforce the judgement in the US?

My business partners back in my home country started suing me for money just after I left to the USA, my dad hired an attorney but lost 2 cases and now they want me to pay over 150k USD, can they uphold the judgement of that foreign country in the Middle East and come after me here in the US? I am... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, the enforceability of a foreign judgment in the United States, and particularly in Texas, depends on several factors. Generally, U.S. courts may recognize and enforce foreign judgments under certain conditions, but this process is not automatic.

Texas, like many states,...
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3 Answers | Asked in Banking and Collections for Texas on
Q: where can I lookup default judgements on myself?

money went missing from my bank account and credit score dropped. indication of a creditor lawsuit likely. where may I lookup default judgements?

James L. Arrasmith
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answered on Feb 25, 2024

If you suspect that a default judgment may have been entered against you, there are several steps you can take to look it up. Start by checking the public records in the county where you live or where the creditor may have filed the lawsuit. Many court systems offer online access to their records,... View More

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2 Answers | Asked in Collections and Banking for North Carolina on
Q: I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open

I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 25, 2024

A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More

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2 Answers | Asked in Collections and Banking for North Carolina on
Q: I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open

I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More

James L. Arrasmith
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answered on Feb 25, 2024

It's understandable that you want to start fresh with the State Employee Credit Union and open a new account after 18 years. However, if they have a record of an outstanding loan from your previous account, they may require you to settle the debt before opening a new account. Debts, including... View More

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1 Answer | Asked in Consumer Law, Collections and Car Accidents for Mississippi on
Q: How do i pursue action against auto body shop that cashed insurance check and has now filed bankruptcy

My car was involved in an accident in Sept and went to a insurance agent referred shop. The shop owner gave the runaround about waiting for parts for two months. Finally the shop owner said he had 95% of parts and would work on the car. The next month the owner claimed his shop was closing. Fast... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 23, 2024

Since he has now filed for bankruptcy, you will need to pursue the matter through the bankruptcy court. I recommend that you consult a bankruptcy attorney to determine whether a proof of claim needs to be filed, to get you on the list of creditors, etc. Be aware that you will probably not receive... View More

1 Answer | Asked in Small Claims and Collections for Texas on
Q: How do I answer a suit against me by a CC co. when the debt is mine but I don't have income? Do I lose automatically?

I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young,... View More

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Alabama on
Q: Can a storage facility suspend your gate code when you have two units where one is current and one is past due?

I have two separate units with Red Dot Storage. The units were rented several weeks apart. One unit is past due, but the other is current. I went to get some things out of the unit that is current but when I entered my gate code, it denied me access. The gate code was given to me by Red Dot when... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Alabama, the specific terms of your storage facility contract with Red Dot Storage will dictate the rights and obligations of both parties. Generally, storage facilities have the right to impose certain access restrictions if there are outstanding payments or if the rent for any of the units is... View More

1 Answer | Asked in Civil Litigation and Collections for Illinois on
Q: I pawned a diamond ring at a pawn shop and made a few payments on it 12 years ago. Can I be sued now for the balance?

They’re claiming the debt was sold and they’re trying to collect now, but won’t provide me with documentation.

T. Augustus Claus
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answered on Jan 18, 2024

In Illinois, the statute of limitations for written contracts, including debts arising from pawn transactions, is generally 10 years. If you pawned a diamond ring and made payments on it 12 years ago, it's possible that the statute of limitations has expired, and the debt may be time-barred.... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Identity Theft for California on
Q: Unlawful Pawnshop Release and Forgery - Northern California

Discovered mom forged my signature, pawn shop released jewelry to sister's boyfriend. No proper identity verification. Mother's false domestic abuse story hinders retrieval. She sent me a photo with the jewelry. Surveillance footage shows her handing it over when I pawned it. Manager... View More

James L. Arrasmith
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answered on Jan 17, 2024

In your situation, several legal issues arise under California law, including forgery, identity theft, and potential liability of the pawnshop. California Penal Code sections 470-483.5 address forgery and identity theft. If someone forges your signature without authorization, it's considered a... View More

1 Answer | Asked in Collections and Banking for Texas on
Q: I’m not sure what type of lawyer I need. Shell federal credit union is suing me for debt collection.
James L. Arrasmith
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answered on Jan 14, 2024

In your situation, seeking the assistance of a consumer protection attorney or a debt collection defense attorney would be advisable. These attorneys are experienced in handling cases involving credit unions and debt collection matters.

They can provide guidance on how to respond to the...
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2 Answers | Asked in Real Estate Law and Collections for Texas on
Q: Common law married couple, wants to make it legally binding wife receives all proceeds from sale of home

Common law couple wants to sell their home they will be making about $450,000 on the home after mortgage is paid off, etc. They were going to split it down the middle however judgment has been set against the Husband. Is there anyway to make it legally binding that when the home is sold the wife... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

If the home was occupied by the couple and declared as their homestead, the home and the proceeds from the sale of the home are exempt from the claims of creditors anyway. Just be sure not to commingle the proceeds with any other joint management community property funds or with any of the... View More

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1 Answer | Asked in Car Accidents and Collections for Virginia on
Q: 10 yr collection from a car accident (I was 16yo). Pay $17,000+ in order to get my license reinstated. Can I fight this?

I was involved in a minor accident at 16 with permit. No injuries or emt required on site. Afterwards, get a letter stating license suspended until payment of $14,000 to GEICO. 10 years have passed and total is now $17,000+. I feel this is unacceptable to ask being that I was a minor and a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 11, 2024

The law is that if you cause an accident, you have to pay or face license suspension. The fact that you were a minor, or that you have kids, or you were a student has no bearing on anything. You didn't get a letter - you received a copy of a judgment. The judgment is now 10 years old, and now... View More

1 Answer | Asked in Divorce, Family Law and Collections for Florida on
Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added...
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1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Texas on
Q: Can a storage manager remove any of my items before auctioning my unit off?

I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More

1 Answer | Asked in Divorce, Collections and Family Law for California on
Q: Is a CA Order/Judgment considered 'victim restitution' when it's for retirement benefits ex-spouse misappropriated?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order for stolen retirement benefits considered... View More

James L. Arrasmith
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answered on Jan 10, 2024

In the context of California Family Law, an order or judgment for misappropriated retirement benefits is not typically classified as "court ordered victim restitution" in the same sense as it is defined for criminal cases. Victim restitution generally refers to compensation awarded in... View More

3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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1 Answer | Asked in Estate Planning, Family Law and Collections for Alabama on
Q: How should I deal with the people that call looking for the person in charge of my wife's Estate.. She had no will.

My wife passed in August 2023. She had one personal loan and two credit cards in her name only.

James Blount Griffin
James Blount Griffin
answered on Jan 5, 2024

This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More

1 Answer | Asked in Civil Litigation and Collections for Kansas on
Q: sued by a debt collector,sent certified letter for arbitration to court and attorney a month ago no response,what to do?

Shown up to court each time was rescheduled, next date in Jan

Took all proper steps before the arbitration letter, mo response from court or the debt attorney, should I just file with AAA since I'm not getting answer

James L. Arrasmith
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answered on Jan 1, 2024

If you've sent a certified letter requesting arbitration and haven't received a response from either the court or the debt collector's attorney, it's important to review the arbitration agreement to ensure compliance with its terms. Sometimes these agreements specify how to... View More

1 Answer | Asked in Military Law and Collections on
Q: looking in to US code 5 5514, i am a military member with DOD debt. I have never received a debt notification.

I was overcharged pay last year in the USMC, and have never received a debt notification letter. DFAS does not see any debts or credit in their system and neither does my local office. i have already had loss of pay and now a payment plan started. i was look in the US code 5 5514, and believe that... View More

James L. Arrasmith
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answered on Dec 29, 2023

Under U.S. Code Title 5, Section 5514, when a federal employee, including a military member, owes a debt to the United States, there are specific procedures that the government must follow before starting to collect the debt through salary offset. One of these procedures includes providing the... View More

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