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Joel S. Wadsworth

Joel Wadsworth’s Answers

20 total


  • Is it legal what I am doing currently?

    I have a nonprofit organization. And I assist many individuals in my area. Since day one, we have been providing our volunteers with a momentary donation for their assistance in raising funds for the organization. We have, and the volunteers have ...

    Joel’s Answer

    The matter seems to be a straightforward contract issue and on its face seems legal. The facts are sketchy so I would have to hedge until I had all the facts including your incorporation, the employee agreement and the charity and venue agreements.

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  • Judgement Debtor filed Chapter 11 while there was pending litigation. Judgment came after filing, is it dischargeable?

    I filed a small claims suit on my landlord for having committed fraud. Filed in mid March, judgement from the court occurred in late April. The debtor filed a Motion to Vacate and failed to appear so the court denied the motion. I am the Judgeme...

    Joel’s Answer

    The judgment was entered in violation of the automatic stay which is part of bankruptcy. the judgment is void and need not be discharged as a judgment but the underlying debt is based on fraud and may be non-dischareable under bankruptcy law but that would require a challenge in bankruptcy court. You have no judgment but the debt can survive the bankruptcy but you will need a lawyer. The actions of the state court are useless.

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  • Needing a real estate attorney specializing in mortgage modificcation issues such as non compliance with HAMP, auto signing, etc

    Had contracted a real estate agent and listed my home for sale in 2009, then offered a hree month trial modification the lasted 13 months, then received a backdated foreclosure for a few days, then another modification for 2.5 times the monthly am...

    Joel’s Answer

    You have described a classic pattern of abuse and violation of your rights under state and federal law. the answer to your question would be a book. I have cases in Georgia and several other states totalling more than 30 currently. I would discuss affordable fee arrangements. I don't care to publish the fullanswer for the lenders and competition lurk everywhere.

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  • I am in a debt resolution program.Recently I received a summons in civil court from 1 co,will judge allow me time

    to pay off thru the debt resolution company, or will they allow my wages to be garnished and bank account taken.

    Joel’s Answer

    Unless the creditor is under contract with you or the debt resolution company to abstain from actions for collection the action must be defended by a motion to mediate through program and full defensive pleadings. The plan was contractual.

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  • Bank of America loan

    I made "future payments" in 2010 and 2011 that were not applied as requested in a detailed letter sent with statement... I would like to sue to get my money returned to me or the payments applied as requested - Note: future payments were to cover...

    Joel’s Answer

    Large Banks typically have tight documents or agreements that they can modify by giving you notice included with your statement and if you continue to use the credit card or draw on a line of credit they say you have agreed, even if you were not expressly aware. The documents control and without review this question cannot be definitively answered. Some loan agreements stipulate that early payments are applied to the last payments due under the loan no matter what you stipulate. Read your documents, including statement inserts you may have trashed without doing so. The documents matter!

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  • I am renting 2 rooms in a private residence; the homeowner has turned out to be an irrational and moody tyrant, verbally abusive

    It's an extremely stressful and dysfunctional living arrangement, the atmosphere in the home is very negative and tense; I'm concerned for my physical safety. Any attempts to have a rational conversation have proven futile. He has threatened to re...

    Joel’s Answer

    The storage should be moved to public storage. This Landlord will hold your things ransom in the event of a dispute which seems already in the wind. Remove all you can of value before any talk or notice of moving. The practical answer is he will do things not contemplated bt statute. You do not want your things tied up in litigation. He will claim a lein for unpaid amounts for items you have not yet discussed or thought of. Frankly, my best advice is not legal advice. Simply move as soon as reasonably possible. To waive due process, a constitutional right, you must do so knowingly. That it was in your original agreement augers away from you. You have a control person who will make up his version of justice when a dispute arises. It seems like your situation compares to a handgrenade with the pin out and no one knows the timing of the dispute. Move before there is one, even pay to break the lease and save yourself grief. Litigation over this level dispute is costly and avoidable. If you would get documents reviewed before they were signed it would not likely have been so landlord oriented or you would not have moved in with your things under padlock. You will need a lawyer only if there erupts a dispute.

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  • Registering a business as an LLC

    What are the tax and legal bennifits. Pros and cons. Also what kind of info is needed to provide when applying for this.

    Joel’s Answer

    In addition to liability and tax aspects, the organic or formation documents such as the operating agreement need to be visited if you EVER take in a member for investment purposes or as part of a sale structured as a non taxable event. The tax ramification issues and bankruptcy issues can be huge if you later add members or owners.

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  • Do i have a case to file a lawsuit on a doctor who told me to go cold turkey after i had being taken morphine for 2 years.

    I had been taken morphine for 2 years, from my pain management doctor and had to change doctors because of medical insurance and went to my new doctor they assigned me. Well this doctor told me that my old doctor was giving me to much morphine and...

    Joel’s Answer

    The damages or lack of tangible damages makes this case difficult. The addictive qualities of morphine tend to outweigh therapies for chronic diseases. Terminal disease makes morphine in final stage illness the norm. Methadone could have been offered or titrating slowly off the drug with diazepam to ward off withdrawal syptoms. This said, there is a general lack of jury and judge sympathy that would devalue settlement or trial value. Basically you have a wrong without an express remedy and suit without jury sympathy to some extent.

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  • What can I do about a mentally ill neighbor who is making me feel very unsafe

    I have live in my apartment for 4 months, and learned after i moved in that my upstairs neighbor was once in a group home, on social security for his mental instability issues and on medication and needs outside care. he frequently goes off his me...

    Joel’s Answer

    Unless you can show that there is danger to himself or others, contact his immediate family. Report incidents to the police so there is documentation. You have no direct right except a protective order which is usually not useful if the neighbor is unstable. Get a Doctor to observe neighbor during an over the fence or social situation so you have the basis for a professional opinion to back up a protective order or a intervention. Your required level of proof from your vantage can be huge. PROOF and relevant to the issues above.

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  • I want to know if I should shortsale or forclose on my house? I owe $240, but its worth $160? My payment went up drastically-

    If I sell my house for $160 shortsale will I have to owe the $80 remaining? Will I have to pay taxes next year on this?? Right, now I cannot afford my mortgage, I have no other option except forclose or shortsale? then once I forclose, do I then f...

    Joel’s Answer

    If you do a short sale, negotiate your release from the mortgage as part of the short sale. If you short sale, or allow foreclosure, there is likely no point in bankruptcy unless there are other debt issues.

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