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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: Judgment Creditor omitted facts "allegation founded upon" from Affidavit for Order for Appearance and Exam of 3rd Person

I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More

James L. Arrasmith
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answered on Apr 26, 2024

In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.

According to...
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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: Should I file a motion to deny the continuance request filed by the Debt collector suing me due to false information?

Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
Q: What legal rights do I have for doing mechanic work at my house on someone else's car

I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 24, 2024

First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Washington on
Q: I sold pieces of silver to a local jeweler. The check bounced. For two months he kept promising to make it good.

For two months he promised to make it good in a "few days". For the last month he has not returned my calls or texts. What are my options? Since he has done this recently to multiple people at what point does this become criminal? The transaction occurred in Sequim, Washington

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2024

It is probably criminal now. Report it to the police (do not threaten to report it to the police as that might be a crime). Check your states laws on giving notice on bounced checks and your rights to recovery in small claims for damages in addition to the amount of the check.

2 Answers | Asked in Small Claims, Civil Litigation, Collections and Public Benefits for California on
Q: Are there civil attorneys that deal with credit-card debt claims for disabled veterans?

My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More

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2 Answers | Asked in Collections and Tax Law for Michigan on
Q: A collection agency has court ordered my husband to hand in his tax returns for the last 2 years. They are joint returns

I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?

James L. Arrasmith
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answered on Apr 20, 2024

When a court orders tax returns to be provided, especially if it's part of a legal process involving debts or collections, both parties whose information is on the joint returns are typically required to comply. This includes cases where the tax returns are jointly filed, as your and your... View More

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2 Answers | Asked in Collections and Tax Law for Michigan on
Q: A collection agency has court ordered my husband to hand in his tax returns for the last 2 years. They are joint returns

I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 20, 2024

A collection agency did no such thing. The creditor to whom your husband owes money obtained a court order requiring your husband to turn over tax records. Unfortunately for you, you have no say in the matter because these are joint tax returns. The creditor has every right to the records.

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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2024

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people...
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1 Answer | Asked in Social Security, Consumer Law and Collections for Arkansas on
Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee... View More

James L. Arrasmith
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answered on Apr 17, 2024

To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Collections on
Q: How do I file for exemption of my income in a debit collectors complaint file in civil court?

My only source of income is social security disability. I do not own any real estate property, burial plan, or Plot. I do not have life insurance policy. My car has a lien on it and I make monthly payments. I need to file for exemption of my income and bank account. How do I do this without a... View More

James L. Arrasmith
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answered on Apr 17, 2024

If you are being sued by a debt collector in civil court and your only income is from Social Security Disability (SSDI), you can file for an exemption to protect your income and assets from being garnished or seized. Here are the steps you can take:

1. Respond to the lawsuit: File a written...
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1 Answer | Asked in Tax Law and Collections for New Mexico on
Q: Can state of NM come after tax debt 10 years later?

My husband use to live in NM and now lives in texas. Last month we received a letter from the state saying they were putting a lien on our house for a $13000 unpaid tax debt from 2013. My husband said he didn't even file taxes that year but the state claims he did and also claims he made a... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you are in a challenging situation with the New Mexico tax authorities. Here are a few key points and suggestions:

1. Statute of limitations: Generally, states have a limited time period to assess and collect taxes, known as the statute of limitations. For New Mexico, the...
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1 Answer | Asked in Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit....
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1 Answer | Asked in Contracts, Civil Rights and Collections for Massachusetts on
Q: My case is the defendant admits in a hand writing confession saying that she takes money and she didn't return it.

she gave the confession to the court..now it s been one year I didn't get a solution to my issue ..do I have to address an other court? I have all evidence and preuve in the court ..the defendant own 2 houses under her name. One year now pass the issue still not resolved.do I have to hire a lawyer?

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that you have a strong case against the defendant, as she has admitted to taking the money and not returning it in a handwritten confession. However, it is concerning that one year has passed without a resolution to your case.

Given the...
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1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How do I collect fees owed me from an attorney who won't pay? (Virginia)

I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.

Can I complain to the Virginia Bar? Or is a civil... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More

3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Collections for Colorado on
Q: I’m being sued by a collection company for a doctor visit that would have been covered by my insurance

The doctor office never billed insurance, did not notify me of the outstanding bill for a year despite me have numerous visits after the unpaid date. By the time I was notified it was outside the contracted time for the insurance to pay. The bill is excessive, $800+ for one infant checkup. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

You can argue anything you like, but you could have also paid it or entered into a payment plan with the doctor's office well before suit was filed. If your response is that you didn't have the money, that's not a legal defense to the complaint. Additionally, you are responsible for... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More

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