Griffin Klema's answer You are approaching the end of the statute of limitations for breach of contract (four years). Unfortunately, you're probably beyond the time period for filing a lien on the property to secure payment for your services. Nevertheless, I strongly recommend you either file a suit yourself in small claims, or engage the services of an attorney quickly before the statute of limitations runs out. I would be pleased to discuss your case further. 202-713-5292.
Bruce Alexander Minnick's answer No experienced lawyer I have ever known was ever surprised by the things insurance companies do to avoid paying benefits. If Medicaid will pay for your methadone you should use it; if not, you should stay on top of your situation because whatever any insurance company says today is subject to change tomorrow. Meantime, since you need your medication every day, it is far wiser to accept the payment plane and then, after everything is said and done, you can try going back against the health...
Terrence H Thorgaard's answer No. If, at the pretrial conference you discuss settlement possibilities with the plaintiff's attorney (with or without a mediator), such discussions cannot be considered an admission of liability on your part, should settlement be unsuccessful and the case is set for trial.
Adam Savett's answer It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered a deceptive practice, and that might violate Florida's consumer protection law.
"MasterCard does not permit merchants to set a minimum transaction amount to accept...
Griffin Klema's answer The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
Barry W. Kaufman's answer There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is...
Barry W. Kaufman's answer Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Terrence H Thorgaard's answer You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.
Jeffrey Schatzman's answer Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax returns. If your judgment did not include a provision for the defendant to complete a FAS, you can file a motion for the court to enter an order requiring the defendant to complete a FAS. This should...
Barry W. Kaufman's answer Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a hearing. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
Alex McClure's answer They cant take your social security. See a consumer protection attorney if you wish. Document all calls from the collector (date, time, name, what was discussed) and save all letters and other correspondence.
Barry W. Kaufman's answer Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Terrence H Thorgaard's answer Show up at the hearing. Bring with you your bank statements, showing where the money on deposit came from. Be prepared to testify as to that, your dependents, and any other income for your household. You should be fine.
Be sure to get an order from the judge dissolving the garnishment, don't leave the hearing without it, and bring it to the bank immediately.
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