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I am being sued by a person who claims that I owe him money. He did work on my boat in Jacksonville, Florida. I may have signed a contract to him to confirm this work agreement but I am not sure. I have paid him some of his fees and had him sign receipts to me. He deliberately signed gibberish... View More
answered on Aug 26, 2016
If you had a contract honor it. He also has an argument that he partially performed, being he did work and you paid part, solidifying the contract even if it was or was not signed. This is not a criminal law question though.
My roommate, who was not on the lease, agreed to pay me $560 upon moving out. I have it in writing (on text) that she proposed and agreed to that but now she's only offering 200$ is there anything I can do?
answered on Aug 26, 2016
Sue but it will cost you nearly the $360 difference just in filing fees which you will not get back as there is not contractual provision between you for attorney's fees or cost. It may also raise issues with your landlord about illegal subleasing that you dont want raised.
also the bank reported to the IRS a cancellation of debt. Isn't there a 1 year period that the bank had to this ? now the bank wants to garnish wages and all assets
answered on Aug 26, 2016
Yes a 1 year period from the foreclosing bank (the 1st here) to come after you for the money. The 2nd has years to sue you from the breach. Lawyer up ASAP.
What is the best way to find a lawyer? I need representation against a very bad condo association for so many clear violations of law taking place in our association.
I can pay the amount due in 2 weeks. They sent a repo guy to my house and told my child they were going to put a warrant out if i didnt return car. I dont want to return it when i can pay it off in 2 weeks. Can they issue a warrant? What can they do?
answered on Aug 24, 2016
They can repossess the car if you fail to pay when due. If they are unable to peacefully repossess it, they can get a court writ (which your child may have incorrectly understood as a "warrant").
Within two years of foreclosure due to cardiac surgery but got behind on payments yet again due to subsequent heart surgery. Was approved for Mod but 3 days later Suntrust sold mortgage to Carrington who tried to reopen original foreclosure case but stopped by order of judge. They in turn sold it... View More
answered on Aug 23, 2016
Missed payments will be on your credit, regardless of a court case. A credit card company doesn't have to wait to sue you to report a missed payment on your credit. And they are not beyond the SOL; foreclosure SOL is 5 years in Florida and about to be longer once the FL Supreme Court rules... View More
Would the surviving spouse be obligated for medical debt acquired during marriage? In Florida
answered on Jul 13, 2016
No, the surviving spouse should not be responsible for that debt unless the surviving spouse guaranteed the medical debt. Estate debts are only paid out of the available estate assets.
Joint ownership of home deed
I have a home in foreclosure process with a summary judgement hearing pending and want to buy another home on cash in another county, my question is the bank from the home in foreclosure can put a lien in my second property if i file homestead? The bank is a federal agency. Thanks.
answered on Jun 21, 2016
Yes, they can perfect a lien if they first obtain a deficiency judgment and then file that judgment in the county in which you purchase the other home. If, at that time, you have established the other home as homestead property, their lien would be subject to your homestead exemption.
plan. Being a single mother of two children soul support, I was placed on a payment plan and always made my payments on time. Last year my company dropped my hours down to 32 hours. I was placed on another payment plan my original loan was for 10,500. it is now down to 5,050. I couldn't afford... View More
answered on Jun 17, 2016
The SBA loan might be secured by a lien on your home. If not, it is probably dischargeable in bankruptcy. Your credit card debt is also dischargeable. I suggest that you consult with a bankruptcy attorney.
Parent died with a mortgage with equity (78K, value $154), car is paid off (value 7500), and 20k plus in credit card debt. Daughter was living with mom, she wants to stay in house, still pay mortgage thru either act but has no money to pay moms debt. The will states 50/50 to dependents (total... View More
answered on Jun 11, 2016
The will would have to be probated so as to convey title to the home and the car to the heirs. In the process, the creditors would have to be paid. So it appears that the car should be sold, leaving some $12,500 in claims to be paid. The other heir's interest in the home has to be taken care... View More
My kids father was awarded a large lump sum of money from a law suit and is ordered to pay me 14,000 in arrears he text me a picture that the law suit was awarded about three weeks ago but I still haven't received any money for my kids. Do the attorneys that work for him deal directly with... View More
answered on Jun 5, 2016
They will not necessarily pay you. You might very well have to obtain a writ of garnishment and serve it upon the party that is to settle with him. If you need help with this you might want to send me an email with the details.
i am 13 i live with my dad who is a big drug dealer and has guns that he shouldnt have, he is very abusive. is it possible for me to move in with my mom and then have my mom give me over to my friends mom who is willing to take me in to her home. My mom is 6000$ in debt with child support if i did... View More
answered on Jun 1, 2016
No. Your mom owes the $6,000 to your father. If you were to move in with someone else, your mom's ongoing child support obligation would continue until a court orders that someone else be liable. It is possible that your parents could be ordered to pay CS to whomever takes care of you from... View More
The mediation agreement amount included the principal amount, interest, attorney fees and costs. Now the plaintiff has come back and gotten a default judgment for a completely different amount. The mediation agreement also stated that if no further action was taken in 180 days the case would be... View More
answered on May 20, 2016
It appears that the mediation agreement wasn't filed with the court for some reason. You should move to set aside the default judgment, based upon the agreement.
I have to pay twice for the equipment because the owners of the debt came to pick up the equipment which is part of my business.
answered on May 19, 2016
The persons who sold you the equipment would be liable to you for the amount you were required to pay off the lien and get the equipment back. They might also be liable for consequential damages (amount you lost when you didn't have the equipment, costs, attorney fees, etc.).
The case was closed while he was in prison. He was never notified that the case had been closed or what he was required to pay. After he was released from prison, he went to the child support office. They then gave him a letter that simply stated the case was closed because his son's mother... View More
answered on May 19, 2016
Case closed is not the same thing as not owed. There may be a statute of limitations defense, but other than that he still owes it.
my parents put our home in their name because at the time of purchase, my husband's credit wasn't good enough and i have no income since i'm a stay at home mom. his credit has drastically improved, since all his old debt is now more than 7 years old. we want to put our names on the... View More
answered on May 18, 2016
Unless they have a judgment against you, no. With certain exceptions that don't apply, liens cannot be created without first obtaining a judgment. But keep in mind that transferring property securing a mortgage is technically a violation of the "due on sale" clause of the mortgage;... View More
A lien was placed on my car by a creditor on behalf of my old landlord. I have ten days as of now to file a notice of objection or they are going to repo and auction off my car. How do I go about filing a notice of objection? What format is needed?
I spoke with the company trying to claim a... View More
answered on May 13, 2016
I suspect that someone is trying to scam you.
A creditor cannot repossess your car on the basis of such a "lien". Automobile liens are shown on the title. Is there a lien shown on your title or registration? Are you late in your payments? Contact the person or company shown on... View More
answered on May 12, 2016
I don't believe so. Has someone attempted to file such a lien, and if so, does it recite a statute?
WE have a large judgment against a defendant who used to live in Northern VA area and had properties in DC and FL. The judgment is recorded both in VA and DC. Defendants has moved to FL (West Palm area) . He has a lot of real estate in FL area beside his own home. we are interested to find a... View More
answered on May 11, 2016
You are not likely to find a firm willing to advance the considerable costs involved, solely on a contingency.
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