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Eric Simon Mashburn

Eric Mashburn’s Answers

5 total

  • Ethics with regard to dual legal representation

    This is a question of an ethical nature. I am involved in a case as the respondent and the question concerns the petitioner's counsel. The following will appear as quite the maze, however, I will do my best to keep it simple. My ex-husband's ...

    Eric’s Answer

    Your question is not sufficiently clear to give a definite answer. I am unsure of your standing to raise any ethical questions in this matter. Did the attorney in question ever represent you? It doesn't appear so. If not, then I don't think there can be any ethical violation by that attorney as to you. There must be some ethical issue as to you before you have the right to raise his conduct as grounds to have him disqualified from representing your husband in his case against you. A litigant does not have the right to raise unrelated ethical matters with regard to opposing counsel. So even if the attorney has a conflict of interest with regard to your husband and his ex-wife, but not as to you, it is of no consequence to you in the litigation in which he represents your former husband against you. I don't see any obvious conflict of interest in an attorney representing your former husband and his ex-wife in unrelated matters and your former husband acting as a witness in his ex-wife's case. Conflicts of interest can arise when an attorney represents a client against an existing or former client or concurrently represents clients whose interests are in conflict. Neither of those situations seem to apply to your case. So regardless of whether the attorney may have some conflict of interest issues with regard to his representation of your former husband and his ex-wife, I don't think you have any standing to raise the issue in your litigation with your former husband.

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  • A friend made out a Will and codicil which I did not file, how can I get a copy of his Will

    My good Friend made out a personal will years ago. His wife preceded him in death and he died about 5 days ago. In 2004 he added a codicil to his will stating that the truck that is in his name will belone to me, Margie Lancaster. I have the or...

    Eric’s Answer

    State law requires the filing of the original of the will of a decedent with the clerk of court in the county where the decedent resided. If that has been done, you can obtain a copy from the clerk. If not, then you would need to contact the person whom you believe to have possession of the original of the will and inform the person that he or she has a legal duty to file the will. It the person refuses, there is probably a procedure in your state for the court to issue an order requiring the person to file the will. That person may be responsible for the costs incurred, including attorney fees, in obtaining such order. If the original of the will cannot be found, then there are procedures for re-establishing a lost will. You would need to consult an attorney in your state regarding the procedure and proof needed to re-establish a lost will. If you have the original codicil and it is properly signed and witnessed and it states the truck goes to you, you may not need the original will. Also, you should contact the Department of Motor Vehicles (or equivalent government agency) to see if the title to the truck can be transferred to you without the original will and without probate proceedings.

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  • FL debt collection law, paying off a credit card judgment

    I have a credit card judgement against me and need to cash in my some stocks that I have to sell to catch up on my mortgage and some other bills. So my question is will the broker have to pay that judgement before they can give me the money? Thank...

    Eric’s Answer

    Probably not. The entry of a money judgment against a person does not automatically create a judgment lien against the non-exempt property of the judgment debtor. The judgment creditor is required to take certain action to "perfect" the judgment lien. The procedures vary depending on the property in question. Recording a certified copy of the judgment in the public records of a particular county creates a judgment lien against any non-exempt real estate owned by the judgment debtor at that time or acquired during the life of the lien. Publicly traded stock is a form of intangible personal property. In order for a judgment creditor to levy on such stock, it would have to first record the judgment with the Florida Department of State. Such recordings can be accessed online at www.sunbiz.org. Next, the judgment creditor would have to request the Sheriff to levy on the stock pursuant to a Writ of Execution. If so directed the Sheriff would deliver to the holder of the stock a notice of levy which would initiate a sale procedure. Until such levy is done, there is no judgment lien attached to the stock and the broker can sell it free of any such lien. The broker can then deliver the sale proceeds to you. Unless the judgment creditor intervenes somewhere in that process in accordance with proper procedure for enforcing a money judgment, there is no obligation to pay the judgment creditor from the sale of the stock. So sell it quick before the creditor does something.

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  • What is the liability of a personal who co signed on a student loan

    Hello I co signed a personal loan for a student loan. Received a phone call today regarding payment 15 days late. Last time payment was late apparently March 2007. According to bank it has been in deferred payment and became active in Novemb...

    Eric’s Answer

    Since you co-signed the note you have liability to the lender for the full unpaid amount. The lender can pursue for collection and report it against your credit record. Since the benefit of the loan went exclusively to the student, you have a right of contribution from him or her for the amount you pay the lender to satisfy the loan. But collecting from the the student may be a problem. Unless the parents signed something guaranteeing their child's debt to you, you do not have any recourse against the parents. You should try to make monthly payment arrangements with the lender to avoid the lender filing suit against you. Try not to use your retirement funds to pay this debt as those have tax benefits you can't replace. You could then contact the student and parents about paying the debt. If they refuse, you would have the right to sue the student for contribution. You refusing to pay the debt will result in a negative item on your credit report and possibly the filing of a lawsuit and judgment against you. At the minimum you will be hounded by a collection agency. Not good. Best to try to pay the debt and get reimbursed from the student. Unfortunately, your situation falls into that age-old category of "no good deed goes unpunished."

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  • Business litigation

    I own an HVAC Company with a partner S Corp, My partner decides he no longer wants a partner. He goes to our bank acct. takes all the money and closes the account. He also has taken both of the company vehicles, changed the locks on the doors to...

    Eric’s Answer

    You need to consult with an attorney immediately. The attorney may be able through a temporary injunction order (TRO) to prevent your partner from using or dissipating the Company assets before the dispute can be resolved. Although the lack of documents will be a hindrance in pursuing your claim, it is not fatal. The documents you do have will probably be of some help, but you can also prove by oral testimony and other evidence the full extent and nature of the agreement between you and your partner. It sounds as if you and your partner were equal, fifty-fifty partners. Regardless of the exact nature of your partnership, your partner did not have the right to appropriate to himself all of the assets of the company. A Court will recognize and determine your rights and interests in the company and order your partner to return property and/or pay damages. There is a proper legal way to dissolve a business, which protects all of the owners' rights. Your partner did not utilize the proper procedure and can be held accountable for the damages he has caused you. An attorney knowledgeable about business litigation is your best bet.

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