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Michael J Corbin

Michael Corbin’s Answers

7,462 total


  • Annulment

    My husband filled a divorce in CA.I asked for Annulment there in CA..but I had to leave CA course of the situation he put me in .now can I fill in my home states .MN.

    Michael’s Answer

    If your husband has already filed for divorce in CA, and that case is open, you can't file for anything here in MN - CA is the correct jurisdiction. Further, annulments are very rarely granted - you'd have to prove there was a legal reason why the marriage should have never been allowed in the first place - like you were forced to do it, you were legally incapable of doing it (drunk, on drugs, too young, etc.), and the like. Just because you want an annulment doesn't mean you get one.

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  • Divorce case has been reopened, due to fraud. Can either of us get remarried in another state during this process?

    He was convicted with fraud and recently just reopened. He plans to remarry with in a week in Wisconsin. We were divorced in 2013.

    Michael’s Answer

    It depends on whether or not the entire divorce decree was vacated or just some portion related to property. If the former, then no, you're still legally married. If the latter, then, yes, he can remarry.

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  • Can my mother sell my diamond ring I asked her to keep in her safe deposit at the bank. She sold it without my knowledge.

    I had it appraised when I left Texas. I had it mailed to her house while I relocated. I had the appraisal done by a reputable jeweler in Iowa. She would not return the ring when I asked for it back. She just called and asked if I got her check...

    Michael’s Answer

    What your mother did is illegal - if you clearly asked her just to hold onto the property, and she agreed to do so, she had no legal right to do anything else with it. If she sold it, then she basically stole your property. Call the police and file theft charges. Also contact the store when she pawned it and advise them that it was stolen and that you've filed a police report on it. Do not cash the check.

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  • I am a minor hoping to sue for emancipation, how?

    I am a young girl, who lives in the state of Minnesota. My mother is extremely irresponsible, and I think I would have a better future, and possibly better mental health if I were to be on my own. I am stressed at even the thought of returning to ...

    Michael’s Answer

    There is a legal procedure for emancipation of a minor in every state, including Minnesota. But, just because you're unhappy with the situation with your mother doesn't mean you're going to be successful. If your parents won't agree to your emancipation, then it is nearly impossible for you to get it - you'd have to be employed, capable of paying your own bills, have your own place and transportation, etc. - no living on a friend's couch or working part time for minimum wage. A better choice may be your father seeking to obtain custody of you instead of your mother.

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  • Garnishment in MN

    I received a letter a few days ago that my wages were going to be garnished. The debt is from 2011 and is from American Express. I only make about $1400 a month net after taxes. Then my car is $300/ month and rent is $750. Then if they take 25% of...

    Michael’s Answer

    Either accept the garnishment or file bankruptcy. The creditor is under no obligation to make any kind of deal with you - clearly, they already have a judgment against you, and garnishment is perfectly legal as a collection practice. There's nothing you can do to stop them short of filing bankruptcy. You can certainly try to negotiate a deal with them, but I doubt they'll make one with you. Your personal financial situation is not a factor in this - the bank doesn't care about your car payment or your rent - the law allows them to do this. I'd consult with a bankruptcy attorney ASAP.

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  • 10 years ago my ex husband applied for a walmart card, he also asked for a card for me,even tho we were divorced, because he was

    sick and sometimes asked me to get things for him. he maxed out his card and declared bankruptcy. after that, walmart has been trying to get me to pay it. i never signed anything,so am i responsible for the debt? and it was 10 years ago.

    Michael’s Answer

    You need to get the actual account application paperwork and see if you signed it as a co-applicant. If you did, you owe the money. If you didn't, then you don't. Simple as that.

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  • What are my options for a judgement against me?

    I just found out 2 days ago that i have a judgement against me that was filed 3 years ago. I called the bank but they wont settle for anything less. I cant afford $9100.

    Michael’s Answer

    Unlike prior responses, I find nothing unusual at all in this occurance. It happens all the time. I'm guessing this is some sort of credit card that you had. At some point years ago, you stopped paying on it. Then, you moved? Eventually, the bank came looking for you. The creditor/plaintiff undoubtedly had you "served" with a summons and complaint, probably at your last known address - they probably "served" whomever answered the door. While you could certainly argue the "service" was bad, there are several flaws with that approach. First, the bank had no way of knowing you'd move since I'm guessing you didn't update your address with them. Second, let's say you do challenge the service and try to get the judgment vacated. All that will do is force the bank to reserve you with a new lawsuit, and your balance will increase with all the additional litigation costs. Third, if you challenge the service, the judge is going to ask you a very simple question - "Do you dispute the claims of the lawsuit?," meaning do you have any actual defense to the meat of the issue - you borrowed the money and didn't pay it back? If not, they aren't going to vacate the judgment even if the service was questionable.

    The creditor is under no obligation to make any "deal" with you. You owe them the entire amount. So, if they don't want to make an arrangement with you, then they'll simply undertake collection efforts when they choose to do so. It's not unusual for them to wait years. Happens all the time. So, you'll either need to accept that they'll try to collect, or you need to file a bankruptcy and clear the debt off.

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  • Can I file a lien notice against a house, even after it was just sold?

    I didn't file a lien notice with the county that I had signed by both parties. The owners just sold the property, and because the lien wasn't formally filed with the county, the owners pocketed the proceeds from the sale. I've submitted a receip...

    Michael’s Answer

    If you were looking to guarantee your payment through a lien on the real property, then you needed to file it prior to the transfer being recorded. The new owners don't owe you this money, and if you try to file the lien now, they'll get it removed, and they'll come after you for the expense in having to do so. You've missed that opportunity. So, you'll have to try to collect against the previous owners any other way you can - lawsuit, judgment, and collection efforts. It'll be up to you, though, to find any assets, income, etc. to collect. You should have filed the lien much sooner.

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  • My daughter has refused to let me see/talk to my grandson Iam divorcing her father My grandson and i were close i raised him

    What rights do i have as a grandparent

    Michael’s Answer

    The short answer is that you have no "rights" as a grandparent. The mother does not have to allow you any contact at all. You can initiate what is called a third-party custody/visitation case wherein you'll have to prove to the court that your need to see the child is very important and outweighs the mother's right to determine access. Unless the mother is a complete train wreck as a parent, this won't be an easy case to win, and you'll need an attorney.

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  • I am due to have my child in 7 weeks and need advice on whether to put fathers name on birth certificate and / or Parental form

    father has a complicated situation and want to know the pros and cons and also whAt steps to take to ensure best interest for my baby

    Michael’s Answer

    Honestly, why wouldn't you? I think I can guess what you mean by "complicated situation," the truth is that either you put the actual biological father's name on the paperwork or no one's. If you ever collect any kind of welfare, medical insurance, or anything else for the child, the county is going to demand that information anyway. Further, if in the future, the father wishes to obtain a custody/parenting time order, having his name on those papers will at least avoid having to undergo a paternity action as well.

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