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Robert Edward Tardif Jr.

Robert Tardif’s Answers

337 total


  • Choosing an Attorney-2 Questions. Thank You!!!

    I have a client in North Carolina. I did some writing projects for him remotely and it was all performed online and via phone “without” me going to North Carolina. It was executed by a written proposal but no contract noting jurisdiction. He paid ...

    Robert’s Answer

    I agree with the answers provided before me. Assuming the attorneys' fee rates are comparable, you should lean toward suing in NC. If you sue in FL, you will undoubtedly receive a motion about jurisdiction. And while you may prevail on that issue, you're just spending extra money, because no such argument would arise in a suit in NC. In addition, if you originate a suit in FL, you cannot collect in NC without domesticating the judgment in NC. That's an extra step, requiring extra money, that you avoid if you originate the suit in NC.

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  • Should I file bankruptcy

    I am divorced, no income - I'm unemployed, taking care of my mother that just had surgery. My ex-husband has taken my daughter which was living with me.

    Robert’s Answer

    It's a bit difficult to answer your question. You seem to be uncollectable, but you haven't really provided all of the detail needed for a lawyer to make a more firm judgment. Many bankruptcy attorneys provide a free initial consultation. You may benefit from sitting down with an attorney and he/she can take more detailed information.

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  • Does an employer have to notify the employee about a Writ of Garnishment?

    I received a Writ of Garnishment in the mail from the Plaintiffs attorney. It has my employer listed as the Garnishee but, I have not received anything from my employer. I am able to see my upcoming payslip in my self service and I can see that th...

    Robert’s Answer

    Although employers often notify employees concerning receipt of a writ of garnishment, there is no legal obligation to do so. Florida Statutes set out the process of issuing, serving and notifying interested parties about the writ. The party that is responsible by statute to notify you of the writ is the judgment creditor.

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  • Can my individual bank account be levied for a debt included in bankruptcy that was joint with my husband?

    I filed bankruptcy in 2010, included my home loan which is joint with my husband (he did not file bankruptcy). I did not sign a reaffirmation agreement with the lender, and we have now decided to let it go. Can the bank levy my personal account ...

    Robert’s Answer

    Agree the question is a bit confusing, but it sounds like what you're asking is whether a creditor can garnish "your" personal account if your husband is not listed as an owner. If that's the question, a creditor - especially one discharged in bankruptcy - cannot garnish an account only in your name.

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  • If my mortgage was included in the Bankruptcy in 2008, if I stop paying my mortgage will Wells Fargo be able to foreclose.

    My mortgage, insurance, homeowners and maintenance runs about $850 and if anything breaks it has to come out of my small savings. Insurance will pay only for major catastrophe.

    Robert’s Answer

    A bankruptcy discharge relieves you of the personal obligation to pay, but does not invalidate an otherwise valid lien.

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  • My HOA past due balance was sent to a collection agency. Do I have to pay their certified mail fee, & review of title?

    I'm five months behind my HOA payments. I know I only owe from those five months $1620. This was sent to a collection agency, now they're charging me late fees, attorney fees. Which I totally understand, but now they have a last page "Exhibit A...

    Robert’s Answer

    It sounds to me that the HOA sent this out to a "lawyer" and not a collection agency as you indicate. If it was sent only to a collection agency there would normally not be a large breakdown of charges. If they referred it to an attorney and he/she incurred the fees/costs you are probably liable for payment. And just FYI, reviewing title is not just looking at a single piece of paper. Rather, it is an examination of land records having to do with your property.

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  • FILE A MOTION TO DISSOLVE THE WRIT

    MY ACCOUNT IS ON HOLD BY THE ORDER OF COURT FOR MY CREDIT CARD DEBT, COUPLE OF DAYS BACK I DEPOSITED A CHECK ISSUED BY THE INSURANCE COMPANY FOR REPAIR OF THE ROOF ,THE MONEY IN THE BANK IS NOT MINE, THE CHECK WAS IN THE NAME OF MY MORTGAGE COMPAN...

    Robert’s Answer

    Definitely would explore a bankruptcy filing with the goal of seeing whether you can recoup the funds via use of exemptions as opposed to asking state court to dissolve the writ.

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  • Medical lien from auto accident survive chapter 7 bankruptcy?

    Just wondering. Debt was discharged in bk and now he got a small settlement.

    Robert’s Answer

    Generally a bankruptcy filing does not affect valid and perfected liens.

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  • I am owed $440.00 on the sale of a mobile home. Can I foreclose on him and what steps do I take to do so.

    He was supposed to have it paid off in 2009. I have asked him twice in the last two months for the balance and have not recieved one word from him.

    Robert’s Answer

    I agree with Mr. Corbin. Beyond the technical lien issue, you are bound to spend at least a 1/4 of what you're owed just to file the suit. Why don't you offer to accept half and call it quits. Half is better than nothing after 3 years.

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  • Can my landlord impose an additional fee on top of late fees for late rent payment?

    I can't find anything in reference to fee in my lease agreement

    Robert’s Answer

    Generally, this will be controlled by the terms of your lease. Should also check the landlord/tenant statutes as well.

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