Eric Simon Mashburn’s Answers

Eric Simon Mashburn

Oakland Probate Attorney.

Contributor Level 6
  1. FL debt collection law, paying off a credit card judgment

    Answered almost 6 years ago.

    1. Eric Simon Mashburn
    1 lawyer 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...

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

    Answered almost 6 years ago.

    1. Eric Simon Mashburn
    2. James Arthur Gorton
    2 lawyer answers

    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...

    2 people marked this answer as helpful

  3. Ethics with regard to dual legal representation

    Answered almost 6 years ago.

    1. Eric Simon Mashburn
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered almost 6 years ago.

    1. Eric Simon Mashburn
    1 lawyer 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...

    1 person marked this answer as helpful

  5. Business litigation

    Answered almost 6 years ago.

    1. Eric Simon Mashburn
    1 lawyer 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...

    1 person marked this answer as helpful