David C. Haar’s Answers

David C. Haar

Myrtle Beach Real Estate Attorney.

Contributor Level 13
  1. Can a judgment that was entered in 2001 from a credit card (probably not used since 1996) garnish wages?

    Answered almost 5 years ago.

    1. David C. Haar
    1 lawyer answer

    Generally, NC does not allow garnishment of wages except to pay taxes, student loans, child support, alimony, and payment for ambulance services. However, if garnishment is allowed in the state where the judgment was rendered (MD), it is not illegal for an employer to abide by a Court Order out of Maryland garnishing your wages. I assume the order of garnishment is or will be issued by a Maryland Court, in which case, you would need to speak with a Maryland Attorney about fighting it and...

    1 lawyer agreed with this answer

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  2. Locate former tenets to serve papers

    Answered over 4 years ago.

    1. David C. Haar
    1 lawyer answer

    It sounds like you need to hire a "skip tracer" or private investigator to locate the former tenants. If you have attempted service through the sheriff's office and/or by certified mail, you may issue service by publication. But even if you go that route, you will still need to physically locate them if you want to try to collect on any judgment you may obtain. Good Luck. I hope this information is helpful. David Haar, Esq. Spirakis & Haar, PA Myrtle Beach, SC www....

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  3. What do i need to do if a mechanic did some work on my car and cause more problems than i had

    Answered over 4 years ago.

    1. David C. Haar
    2. Ronald Lee Burdge
    2 lawyer answers

    If your second mechanic can state the negligence of the first mechanic caused your "additional problems", you can sue the first mechanic for negligent workmanship.The second mechanic would need to be willing to testify in court about the first mechanic and the reasons for the additional problems. Your new mechanic's testimony would be expert witness testimony and there are evidentary rules and foundations you must address before he will be allowed to testify about his opinion. This is not...

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  4. Assaulted at work

    Answered almost 5 years ago.

    1. David C. Haar
    1 lawyer answer

    I cannot predict an outcome; however, it does not sound like a case of her word against yours. It sounds closer to a case of your word against hers and her mothers; but you may not know what other evidence she may present, pictures, medical reports etc. I would recommend, at a minimum, speaking with a local defense attorney whenever you are facing criminal charges. A simple assault charge is a class 2 misdemeanor; but if you get two more simple assaults in the next 15 years, you could...

    1 lawyer agreed with this answer

  5. Junk debt collector bought debt, going to arbitration, I answered and counterclaimed, should I admit debt for sol purposes?

    Answered almost 5 years ago.

    1. David C. Haar
    2. Shawn B Alexander
    3. Mark Hankins
    3 lawyer answers

    You should be careful here before admitting anything. First and foremost, speak with a local attorney at once! If you did not raise SOL in your answer, move to amend your answer immediately, do not wait for the arbitration hearing. Statute of Limitations is an affirmative defense. If it is not raised, the defense is waived. Statute of Limitations on a simple contract is three (3) years. However there may be other issues to consider, for instance, the limitations on a sealed instrument...

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  6. Employer sold company & no longer exists.Is non-compete from original company valid if new company didn't hire me?

    Answered over 4 years ago.

    1. Robert John Murillo
    2. David C. Haar
    2 lawyer answers

    Courts disfavor non-competes; however, courts will uphold them if they are properly executed, supported by valid (usually substantial) consideration and reasonable in terms of geographic scope and time. I would not simply assume yours is valid from the outset. The only way to be certain is to have an attorney review it and talk with you about how and when it was entered, what consideration you received for it and whether it is reasonable in time and scope. There are no set numbers on...

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  7. Does Court granted Guardianship superceeds an existing Power of Attorney.

    Answered over 4 years ago.

    1. David C. Haar
    1 lawyer answer

    The Court ordered guardian has the power. If there is another person with a Power of Attorney, that person would have to challenge the Court Order. This statement can be a bit misleading, because a third person relying on the Power of Attorney, acting in good faith and without notice of the Court Approved Guardian, will probably be protected. I hope this information is helpful. David Haar, Esq. Spirakis & Haar, PA Myrtle Beach, SC www.SpirakisandHaar.com * *This is general...

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  8. Can you transfer parental rights to a non-relative in South Carolina?

    Answered over 4 years ago.

    1. David C. Haar
    2. James D. Mosteller III
    2 lawyer answers

    Yes, parental rights are transferred through an adoption. You will need to speak with an adoption attorney and go through an adoption proceeding. I hope this information is helpful. David Haar, Esq. Spirakis & Haar, PA Myrtle Beach, SC www.SpirakisandHaar.com * *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship...

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  9. Spouse n hospital n 2007; had insurance which paid & we paid our part. In 1-10 got collection letter for $875. Have to pay?

    Answered over 4 years ago.

    1. David C. Haar
    1 lawyer answer

    Given the time line, I would recommend your husband dispute the debt and demand verification of the debt which you are entitled to under the Fair Debt Collection Practices Act. When I request verification, I also like to be very specific. In your instance, I would request “Please send verification of the debt, including but not limited to, a listing of all credits and debits to the account and when they were made with a description of each, and their source. If any charges on the account...

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  10. Is a tenant allow to rent one of the rooms to someone else that is not in the contract?

    Answered over 4 years ago.

    1. David C. Haar
    1 lawyer answer

    You need to look at the lease and see what it says. If it specifically only lists you, girlfriend and mother as being able to live there, you would have a breach by bringing in an unnamed roommate. Read specifically what the lease says. However, even if it requires the landlord’s written approval to replace one roommate, I would be surprised if the landlord would be upset or refuse you to do so, especially if you will default on the lease if you do not bring in a replacement. The...

    1 person marked this answer as helpful