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Jonathan H. Stanwood

Jonathan Stanwood’s Answers

110 total


  • What's the time frame to file a court order for debt. This debt is from 2008. And how can the lawyer charge interest?

    Need legal representation. Lawyer hasnt paid the creditor. I Already paid the 3000.00 and they're billing for an additional 2000

    Jonathan’s Answer

    Requestion sounds oddly familiar and is kind of all over the place. You are asking about a statute of limitations and you are also mentioning that you pay the lawyer $3,000. Are you saying that you gave an attorney money to settle the case and he or she has not paid the creditor? That could be a disciplinary board issue. To answer your question, the statue of limitations generally is four years in which time does to a person but there are several factors that need to be considered in order to have that calculation makes sense. I hope that helps.

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  • What are my options

    My brother beneficary to mom funeral money,since the furneral took over 30days to collect there portion my brother had the insurance co. Release the whole check to him 2 years past and now lawyers rep. Furneral home is coming after me for whole ...

    Jonathan’s Answer

    I agree with Mr. Geisenberger (as is usual) but in addition, ask you a question. What does your brother say? Why doesn't he pay it?

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  • How can i stop.this sale? I wasnt.imformed.the.payments werent being made.

    House i live.in is.up.for sheriff sale but.the mortgage is held by my.mother

    Jonathan’s Answer

    I believe we answered this yesterday. Please see my response.

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  • Do i have any.rights and can the sale be stopped and if so,how?

    The house .i live in but mortgaged my mother is up for sheriff sale in a few days. Is there anyway it can be stopped? I thought the mortgkage was being paid. joseph

    Jonathan’s Answer

    I would agree with my colleagues to act quickly, but you have to understand that it's your mother who must act if her name is on the house and mortgage. If you are not, you are not what we'd call an "interested party." You can get around that if she grants you the authority to act on her behalf (called a Power of Attorney). An emergency motion to postpone the sale should be sought OR a bankruptcy may work but it could be a bad choice. There are too many factors to consider here, but you could perhaps use Avvo to seek out the counsel of an attorney familiar with both procedures to assist you. All of this takes time and effort (and $$) so get moving.
    Good luck!

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  • Do I file for bankruptcy? Isn't filing for bankruptcy expensive? What can I do?

    I was notified 5 days ago by my credit card company (I have a credit notification set up with card company) that a Civil Judgment (different bank credit card) is now placed on me and on my credit report. I was never served papers, didn't know they...

    Jonathan’s Answer

    Yes, it may be expensive, but you may qualify for some sort of reduced fee or even pro bono program where you live. You should contact the Erie County Bar Association (Address: 302 W 9th St, Erie, PA 16502
    Phone:(814) 459-3111) to see. You actually don't need a lawyer to file - it is something that some people can figure out - kind of like working on your car. You can change the oil with a few tools, but you still have to figure it out, and go through the hassle of doing it, cleaning up, disposing of the oil, etc. That's why we have professionals to do it. So consider whether you want to navigate unfamiliar waters on your own or hire a professional.
    Good luck!

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  • Although bankruptcy has automatic stay, can I sue in small claims for poor workmanship and cost of replacement?

    Kitchen Remodel. First part of the process was having new flooring installed. Hired a contractor who sub contracted the installation. They installed a product that was new to the market. They finished the installation and everything seemed fin...

    Jonathan’s Answer

    I agree with my colleagues - unless you have actual notice, like a notice in the mail, words are just words. I will say that if he (or his attorney) says "I filed for bankruptcy" you may then be on notice of a bankruptcy, so please be careful.
    Also, grout alone won't cause what you're saying - it sounds like the thinset was mixed incorrectly, or it may be a below grade installation or even issues with the subfloor/substrate. You should have a reputable pro look at it and give his estimate (i.e., opinion) to fix the job. It may have to be completely removed.

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  • Can I go from a joint checking acct to separate while filing bankruptcy?

    My husband and I are filing for bankruptcy. Currently we have a joint checking account. He wants to get separate checking accounts (we're separated but still live together and share expenses). Is that even a possibility right now or should we wait...

    Jonathan’s Answer

    My advice: Do nothing. You haven't specified how much is in the account but if you close an account and open a new one, you'll have to disclose both and the trustee may want to know why, how much, etc. You can get into fraudulent conveyance issues unnecessarily, so why raise any eyebrows?
    Talk to your lawyer...

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  • If you own a home jointly if only one files bankruptcy does that stop foreclosure action

    Can you stop foreclosure if only one of joint debtors files bankruptcy

    Jonathan’s Answer

    "Stop"? Not necessarily. It stays it temporarily and that may be permanent depending on what chapter and what happens in the case. But I would hesitate to use the word stop.

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  • Can is save my home from tax sale through bankruptcy this way?

    My home is going to tax sale December 17th. I need to pay $1,770.00 to stop the sale. I am truly temporarily bankrupt. Obviously since I can't even come up with that amount right now. I want to know if anyone can help me , I guess you would call i...

    Jonathan’s Answer

    • Selected as best answer

    There aren't enough details to fully answer this, but the short answer is, Yes, absolutely. You're welcome to contact me for a better, confidential discussion.

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  • My wife recently died leaving huge medical bills. Am I responsible for them? Can they put a lien on my home? I live in PA.

    She had insurance but was in hospital for 4 months.

    Jonathan’s Answer

    First of all, sorry for your loss.
    If you are not obligated under a contract for services you are not obligated on the debt, however, as my colleague pointed out below, necessities, such as medical treatment, may be. But the question is whether they will actually sue you for the debt. If they sue you AND get a judgment, then yes, it will be a lien on your home.
    Since you posted this under bankruptcy, it may help you to file and you should probably consider consulting with a bankruptcy attorney so that you can understand your options but I don't see it as something you will actually have to do.

    Good luck.

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