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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • What is the statute of limitations on a breach of contract (auto loan) originally signed in Georgia, but I now live in Florida?

    Voluntary repossession in Georgia in November 2008, car was sold sometime in 2009. I was recently served with a summons to appear in a Florida courtroom regarding the $10K balance as the debt was transferred or sold to another collection agency i...

    Preston’s Answer

    The contract is governed by its terms, which will state which laws govern the contract. Florida has a statute of limitations of five years on a breach of contract under Section 95.11, Florida Statutes. You will need to ask a Georgia attorney regarding the statute of limitations in Georgia. Based on your financial situation, you may want to consider bankruptcy as an option.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Does bankruptcy wipe out private student loans?

    These are loans from private banks....not sally mae.......

    Preston’s Answer

    No. Talk to a bankruptcy attorney before considering bankruptcy.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • If someone filed for bankruptcy, but had a previous title loan before the filing can the title company still come take your car?

    My truck was taken even though I had filed bankruptcy. Is this an error I their part?

    Preston’s Answer

    If they have a lien on the car and you do not reaffirm the obligation to pay, then the only recourse they have is to take the car, which they will likely be allowed to do.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Do I have grounds to break my lease

    There are roaches that we complained about but we complained about electrical problems for 2 months before the problem was fixed but it wasn't until the electrical company came out and told us the problem and it was fixed a few days later

    Preston’s Answer

    Before you consider breaking your lease, you must provide the proper notification to the landlord to make repairs. I think you should talk to an attorney and give them more information regarding this issue before you take any further action.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Can I sue a homeowner for a scam performed by his tenant using his property?

    Homeowner's girlfriend scammed several people stating the home was available for rent and she took my $1000 deposit, however, i was informed by the homeowner after about a month of trying to contact the girlfriend the property wasn't actually for ...

    Preston’s Answer

    Contact state attorney's office for assistance, but I do not think you can go after the homeowner unless he was in on the scam.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • My oldest brother past n our family home with a loan from a bad Atty that is dead also but the bank still has a claim on it.

    the loan is just on a piece of it but they says it's on the house when it's not just the land. We have proof. Can I get a quick claim deed and keep them from taking our home & how much is it to file one. Please can you help me.

    Preston’s Answer

    Before you deed anything, you should talk to an attorney about the mortgage and a probate of your brother's estate.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Will my case be dismissed if I do not send entire tax refund to trustee?

    I forgot, until I received a reminder notice in the mail, to send my tax refund to the trustee of My Chapter 13 case. I do have some of it but inadvertently spent some. I spent it on car repairs so I can't get a refund. Should I just send what I h...

    Preston’s Answer

    If you do not have a bankruptcy attorney, then you should talk to one. Your Chapter 13 Trustee is entitled to take your tax refund and dispurse it to creditors, but will typically work with a debtor to resolve this kind of issue.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • How do I remove my name off a lease

    I have apartment in my name but me and my boyfriend was living together his name is not on the lease just mines I've made several calls to the landlord but he has done nothing, now I'm out the apartment he stays there and has turn it to a drug hou...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when a tenant needs to relocate. Generally, landlords are not allowed to require tenants to move to another location, but it may be that the landlord would be willing to work out a deal. If you former boyfriend remains in the house, but is not under the Lease, then all the liability at the house rests with you. You should inform the Landlord immediately of your relocation. I also recommend you talk with an attorney about your situation.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I gave my landlord a partial bank statement (including all deposits and beginning and ending balances ) for the 7 months request

    ed. She wants the complete statements. At $5 dollars each, this is expensive. i live in low income and am disabled. do you know why she would need this and am i legally forced to give it. have lived here 3 yrs +

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Some lease agreements require tenants provide financial records, but I am suspicious about the need for financial records 3 years after you move in. I recommend you talk with an attorney about your situation.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Can we be evicted?

    My room mate and I moved in app four months ago. We are renting from a friend. However, they are under contract to sell to a local investor. There is a neighborhood association in our community. The chairman neglected to run our paper work. We sub...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the tenant needs to be approved by the association. If the landlord allowed you to move into the property without approval, then this is not your fault and you could be damaged if forced to move before the Lease term expires. I recommend you talk with an attorney about your situation and to review the Lease.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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