David M. Axinn’s Answers

David M. Axinn

Duncansville Social Security Lawyers.

Contributor Level 14
  1. Hi i am a resident in pa. i have a payday loan that is 4 years old! The debt collection agency refuses to make a payment

    Answered 6 months ago.

    1. David M. Axinn
    2. Emily S. Gomez
    3. Robert J Adams Jr.
    4. Rachel Lea Hunter
    5. Shaye Larkin
    5 lawyer answers

    Payday loan collectors tend to tell a lot of lies. They do not have arrest powers - this is a civil debt. The lack of written communication may be a result of their desire to remain anonymous, which makes it harder for you to complain about them. They rarely, if ever, even sue people, since they do not comply with numerous Pa. and federal laws. You may also have a defense based on the statute of limitations. I will suggest that you consult with an attorney about this if you have further...

    8 lawyers agreed with this answer

  2. With a no fault divorce, can I now still request part of his retirement?

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. David M. Axinn
    4. Scheherazade B Rastegar-Djavahery
    4 lawyer answers

    Yes: you must make the request before the Divorce is final. His retirement is marital property, to the extent that it was earned during the marriage (between the dates of the marriage, and separation). There is a special form of court order which can be used to have a portion of the benefits paid to the other spouse.

    8 lawyers agreed with this answer

  3. HOW MUCH IS MY CASE WORTH ?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Ross Marvin Miller
    3. Jeffrey Mark Adams
    4. Kevin Coluccio
    5. Fareesh S. Sarangi
    6. ···
    9 lawyer answers

    The amount that you should receive depends on a number of factors, including whether you have fully recovered. In addition to easily measurable things like medical bills and lost wages, you are entitled to compensation for pain, suffering, and loss of enjoyment of life's pleasures. These damages are real, even if they are harder to put into numbers. You and your attorney should take the time to review the case carefully before reaching a settlement.

    8 lawyers agreed with this answer

  4. Can I be appointed executor of my aunts estate?

    Answered 11 months ago.

    1. David M. Axinn
    2. Jonathan Stuart Frank
    2 lawyer answers

    Rather than seeking to become the executor, it may be possible, depending on the amount involved, to file a petition with the court to administer this as a small estate, which is a simpler and less expensive process. A lawyer could advise you about this. If there is no spouse, and no direct descendants (children, grandchildren, etc.), then the heirs would be (in order) her Parents, and then her brothers or sisters. If none of these people survived her, you, and your cousins would be the heirs.

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  5. Bankruptcy

    Answered 4 months ago.

    1. David M. Axinn
    2. Sandra A Kuhn Esq.
    3. Lawrence S. Rubin
    4. Blake Owen Brewer
    5. Richard D. Granvold
    6. ···
    6 lawyer answers

    The answer depends on what chapter the prior and current bankruptcy are filed under. If both were chapter 7s, you must wait 8 years from the date the prior case was filed. If one of the cases is a chapter 13, the time limits vary greatly, from 2 to 6 years, depending on how much of the debt was paid in the prior case. You should sit down with an attorney to get a more individual answer, and to discuss your options in or out of bankruptcy.

    7 lawyers agreed with this answer

  6. Should I file chapter 13?

    Answered 6 months ago.

    1. Derek R. Caldwell
    2. Lawrence S. Rubin
    3. David M. Axinn
    4. Gary D. Bollinger
    5. Shaye Larkin
    6. ···
    6 lawyer answers

    Although you cannot discharge payroll taxes, in any chapter of bankruptcy, in Chapter 13, you can propose a plan to pay them over a 3 to 5 year period. You should sit down with an attorney to discuss your options, and review your overall financial situation before deciding what to do.

    7 lawyers agreed with this answer

  7. The father of my wife's children has agreed to sign over his rights. How do we go about making this happen?

    Answered 11 months ago.

    1. David M. Axinn
    2. Howard M Lewis
    3. Lee Alan Thompson
    3 lawyer answers

    Although your marriage is not (yet) recognized in PA, but adoption is possible - PA does allow adoption by same sex couples.

    7 lawyers agreed with this answer

  8. Who owns a home/property after a death?

    Answered almost 2 years ago.

    1. John B. Whalen Jr.
    2. David M. Axinn
    3. Charles Anthony Rick
    3 lawyer answers

    The property belongs to the Estate, and the executor is in charge. Although there are some situations where a will specifically devises property to an heir, this doesn't seem to be the case here, since there appear to be more than one heir, and the property is to be subdivided. A survey might be needed, approval by the local government, and then a deed might be recorded. The executor will need to take care of all of this. In the meantime, it is up to him or her what to do with the property.

    7 lawyers agreed with this answer

  9. Inheritance for my minor child

    Answered almost 2 years ago.

    1. David M. Axinn
    2. Robert Cronin
    3. Seamus M. Lavin
    4. Mitchell Allan Port
    4 lawyer answers

    What you should, or need to do initially depends on the terms of his uncle's will. In many cases, a will appoints someone to hold the money in trust for a minor child. That person would then have the responsibility to invest it wisely, and account for it later on. If there is nothing in the will, you, or some other person would need to be appointed as guardian for your son, in order to have the authority to handle the money. I would recommend that you consult with the attorney handling...

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  10. When divorcing, do all money accounts have to split?

    Answered about 2 years ago.

    1. David M. Axinn
    2. Howard M Lewis
    3. Barry Franklin Poulson
    4. Jacob Ryan Lauser
    5. John Karl Puskar
    5 lawyer answers

    In Pennsylvania, marital property is defined as anything acquired between the date of the marriage and the date of separation. Whose name is on the property doesn't matter for this purpose. Additionally, if something was owned separately before the marriage, the increase in value during the marriage may also be considered as marital property. You may have a claim on some portion of the house.

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