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Terrence Michael Fogarty

Terrence Fogarty’s Answers

58 total


  • I received a summons for a credit card debt, I do not have money to pay fees to file for an appearance what can I do?

    I owe a lesser amount than what's on the appeal. The reason I have been unable to make payments on the account is because I lost my job. I have been unemployed for almost 2 years now and have not been able to find employment. They say I owe $2,...

    Terrence’s Answer

    You can certainly contact the plaintiff's attorney to discuss resolution.

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  • Judgment & Citation to Discover Assets

    Someone got sued in small claim court. Judgment was on defendant. Later Court dismissed Order for Citation to Discover Assets on defendant and discharged defendant. Does the defendant need to do anything anymore with this case after the defendan...

    Terrence’s Answer

    I agree with Attorney Goldstein. You don't need to anything more with the Citation; that is just a tool for the Plaintiff to gain information about the Defendant's ability to pay the Judgment amount. Dismissing the citation action does NOT affect the underlying Judgment; the money is still owed and the Judgment is still in place.

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  • Can i fight legal fees? Do I need an attorney?

    what are my options. i live in a townhome that is part of an association. i pay my dues promptly every month, same day but a few years ago there was a discrepany on one month as i had swithced banks and i was charged legal fees. I spoke to a perso...

    Terrence’s Answer

    In addition to the other comments: You need also to understand one underlying factor: they have a right to collect the funds you owe, and if they have to resort to hiring a lawyer, they will likely have a right to recover those attorneys fees as well. You can try dealing with the association directly, get the account settled, and they will call off the lawsuit, but the association may simply direct you to the attorneys.

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  • Quitclaim deed to children

    I made a mistake and quitclaimed my home to my two children. One would sign it back to me and the other would not. What can I do to get my home back?

    Terrence’s Answer

    I would also add that, depending on your motivation for having quit-claimed the deed and now wanting them to quitclaim it back to you, the damage may already be done. I and the other attorneys are not really sure what you mean by a mistake, but if it means that you are unhappy with certain financial consequences, then having them quitclaim it back will likely not remedy the situation; the damage may already be done. Consult an attorney who can look at the transaction, your motivations, and the possibility of a remedy much more in depth than an online forum.

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  • If a creditor is suing me for $1600+ and i don`t show up in court, what will happen? don`t have the money to file an appearance

    a creditor is suing me for $1600+ i have to file an appearance which cost and then appear in court i`ve been laid off i dont have the money to file the appearance. what will happen if i dont show up in court

    Terrence’s Answer

    To answer your direct question, If you do not show up to court, a default judgment will likely be taken against you for the amount claimed plus costs and possibly (probably) attorneys fees. Then the attorneys for the creditor will begin searching for your assets to satisfy the judgment, and likely bring you back into court at a later date.

    It is my opinion that you should avoid a judgment against you at all costs. I agree with attorney Goldstein; if you owe the debt, show up in court or contact the creditors attorney beforehand to discuss possible resolution. Conversely, if you do not feel you owe the debt or any portion of it, state this when you go to court. Not having the $$$ to file an appearance (if an appearance fee is even necessarily) is never a good reason to not fight/appear; court fees can often be waived for lack of ability to pay.

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  • Should I offer to reduce rent to my renter who did a repair to be helpful and tells me about it? fixed fascia on garage-wind dam

    He sent me some before and after picture texts (wind damage) and just wanted me to know about it. Should I offer a rent reduction or should I just say thank you and remember it? It gets a little sticky because just recently he wanted me to end u...

    Terrence’s Answer

    I agree. It sounds like you have a good relationship with your tenant, but you don't want to allow him to dictate the relationship nor do you want to set a precedent that you'll reimburse him for any repairs or improvements. You dont want him looking for ways to lessen his rent obligation. My personal (non legal) opinion would be to say thank you but not take any further action. You can always keep the repair in mind should any other issues arise.

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  • I just entered a question about a tree on my house-- Goodrich, TX but I misspelled my E-mail . Send to tlweis@eastex.net

    Sorry, I hit the wrong button. Just one off. Thanks again

    Terrence’s Answer

    I agree with the other attorney. Repost.

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  • With 24-hour written notice to inspect my property (as per now expired one year lease agreement), tenant refusing entry, refuse

    cert. mail 5day notice, refuse to pay rent for april and may (so far), and the property management company who put these folks in my house repeatedly violated the terms of our contract in that they did no background check (which i was chrgd $300 f...

    Terrence’s Answer

    • Selected as best answer

    I agree with attorney Goldstein; you have several issues that really can only get worse until you have competent legal help. Fire the management company ASAP if you have not already and then hire an attorney to get the tenants out and look into recovering losses incurred due to negligent management and the alleged fraudulent charges. An in-depth look at your situation is needed before any further advice can be given, but waiting to act is only prolonging your strife.

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  • Can DB's evidence be thrown out as hearsay/ questionable/ irrelevant/ or inadmissible? If so, how so?

    I have served the debt buyer interrogatories & request for production of documents & they answered it. 1.They claim to be the assignees of a mid west based national bank (North Dakota). Their records custodian claims that my credit card accou...

    Terrence’s Answer

    I agree with attorney Bowen. Your argument could be based upon the fact that the custodian of the debt buying company is not fit to testify to the records of the bank. They will claim they are testifying based upon business records, but these are not "their" business records; they were drafted and kept long before the debt buyer eve entered into the picture; how can they testify to the record's accuracy and integrity?
    It sounds like you may also be able to make a legal sufficiency argument that they have not proven the chain of title to the debt with their generic bill of sale and assignment. They may or may not be able to produce more specific documents.
    I am not a licensed NJ attorney; these arguments can be technical in nature and court rules and procedures differ from jurisdiction to jurisdiction. Consult a local attorney to obtain the best possible advice based upon a thorough evaluation of your situation.

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  • Co-buyer rights.

    I was supposed to be the co-buyer but instead i became the buyer now the person that has the car has almost 3000.00 dollars worth of traffic violations,1500.00 in missed payments, suspended license plate a boot letter, insurance laspe,left the sce...

    Terrence’s Answer

    I agree with the other attorneys who have already answered this post. You are trying to make a distinction where none exists between primary and co-signor. I think the real issue you should be looking into is why was the car registered and insured under your name if you believe it should not have been.

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