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David Luther Woodward's Answers

David Luther Woodward
Pensacola Litigation Lawyer.
Contributor Level 11

1

Attorney answers:

  1. David Luther Woodward

Texas Eviction after foreclosure

Asked by a user in Arlington, TX - almost 4 years ago.

The answer to this question is very similar to the answer to "how far is up?" Don't count on any grace nor lenience. The constable may show up with what is called a writ of assistance at any time and put your stuff in the street. Find a new place to live ASAP, and turn in the keys!

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2

Attorney answers:

  1. David Luther Woodward
  2. Will Murphy

Form 1.977

Asked by a user in Lakeland, FL - over 3 years ago.

If you do not fill in the form and return it, the plaintiff can seek an order requiring you to complete it, and the plaintiff can also ask that the court assess the fees and costs involved from you which you will be ordered to pay under paint of contempt. It would get it completed and returned, know that they are after your money.

5 people marked this answer as helpful

2

Attorney answers:

  1. David Luther Woodward
  2. Matthew Scott Ritchie

Canadian income tax on court settlement

Asked by a user in Denver, CO - about 4 years ago.

The taxation of settlements depends upon the type of case in which the settlement was reached. You have not given us enough facts to provide a proper answer.

3 lawyers agreed with this answer

2

Attorney answers:

  1. David Luther Woodward
  2. Fran Brochstein

Divorce to a military husband

Asked by a user in Lexington, TX - over 3 years ago.

Service persons are protected from certain forms of litigation by what used to be called The Soldiers and Sailors Civil Relief Act. It now has been renamed in a politically correct manner, but it lives. If she has hired a lawyer, and it appears that she has, it seems that he is stating the law correctly to her. Hey, we are progressive, but no divorces on the internet--not yet!

1 lawyer agreed with this answer

3

Attorney answers:

  1. David Luther Woodward
  2. Margery Ellen Golant

Renters rights in Florida

Asked by a user in Lake Worth, FL - over 3 years ago.

The answer to your question is more complex than you think. Until the foreclosure is complete and the land sold on the court house steps, you still owe your rent to your landlord-----with one exception! If the court appointed a receiver for the case, and that often happens on rental properties, the receiver should have contacted you about collecting the rent. If it is convenient, I would visit the court house (there are several branches in Palm Beach County) and obtain the name of the...

2 people marked this answer as helpful

3

Attorney answers:

  1. David Luther Woodward
  2. Louis B Vocelle Jr.
  3. Chelsie Marie Lamie

Fitness Injury

Asked by a user in Fort Lauderdale, FL - over 3 years ago.

Yes, you should see a lawyer, and you should follow the instructions given. By all means document, document, document. If you can, get statements including names, addresses, phone numbers, etc., from each of your 8 witnesses. Now what is the likelihood of suing? Anyone who has about $300 can go to the courthouse and file a suit in is called "in proper persona". Can she get a lawyer to represent her in this claim? That depends on how well she tells her story to him! But it sounds...

1 lawyer agreed with this answer

1

Attorney answers:

  1. David Luther Woodward

Credit card debt

Asked by a user in Kountze, TX - almost 4 years ago.

You bet they can! Nothing has changed the fact of the debt, just who owns the debt. Don't let them take a default against you if you are sued! Go in there and make them prove it up.

1 lawyer agreed with this answer

1

Attorney answers:

  1. David Luther Woodward

TX foreclosure second trust deed

Asked by a user in Fort Worth, TX - almost 4 years ago.

If you think that a foreclosure of a second trust deed will bring money, and the first is not in foreclosure, then the purchaser at the sale is buying the property subject to the first mortgage and you get the funds. On the other hand, if the first is bid at or before yours because it is also in foreclosure, the lien of your trust deed is wiped out. If your trust deed is the only item at issue at the sale, and you do not get adequate funds to pay off the note, then you will have to sue...

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Attorney answers:

  1. David Luther Woodward
  2. Alan James Brinkmeier

Can I legally cut off all branches on my side of the property line?Does he share any of the cost to remove the branches ?

Asked by a user in Orlando, FL - about 3 years ago.

The simple answer is yes, but if it removing the limbs you cause the balance of the tree to change and it falls on his house, then you might well be liable to him. You are right to be concerned because oaks are notorious for small root balls, unlike some other trees. (Is it a Live Oak?) One way to find an answer is to see if a reputable tree service will do the job under the circumstances. If they won't you are probably stuck as a practical matter. Have you talked to the neighbor....

1 person marked this answer as helpful

1

Attorney answers:

  1. David Luther Woodward

Ex husband is filing bankruptcy, both of our names are on the title of the car. How can I keep the car so its not repo'd?

Asked by a user in Delray Beach, FL - about 3 years ago.

Answer these questions: 1. Did you and your husband buy the car while you were married to each other and finance it in both names? 2. When you got the divorce was the ownership of the car determined either by an agreement between the two of you, or by the judge when the divorce decree was rendered? If the answer to No. 1 is "yes", then we move on to No. 2. (If the answer to 1 is yes, we also move on to 2!). If the answer to 2 is yes, to whom did the court give the undivided...

1 person marked this answer as helpful