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Evan Alexander Moeller

Evan Moeller’s Answers

21 total

  • Need help regarding stepmom being controlled

    Stepmother inheriting money from her dad's estate. My dad passed away three years ago and he took care of her whole adult life. She has never had a drivers license, quit school in 9th grade and has never really handled money very well since he pas...

    Evan’s Answer

    Since she is a joint account holder, my guess is your sister is making the withdrawals.

    If your stepmother gave someone her PIN, there is no theft and she should change her PIN.

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  • If a defendant file a "Motion to Dismiss',Do the fed.rules allow a response with a Rule 60 motion as an answer

    Can I file a rule 60 motion for an answer to a defendant's 'Motion to Dismiss' in an adversary appeal pending in federal District court complaining about fraud documents presented by defendant to obtain a judgement from the the bankruptcy court

    Evan’s Answer

    No, file a response to the Motion to Dismiss on or before the date it is due under the local rules, addressing each of the grounds upon which Defedant is seeking dismissal.

    A rule 60 motion makes no sense based on the circumstances as you have presented them.

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  • Spouse being sued for credit card debt as co-signer in Austin, TX. DLA per credit report is June 2009. When is SOL up? Thanks

    CC loan originated Oct 2006. Spouses' relative either charged more or late fees added so went up to $5000. Creditors called a few times but didnt hear from them until now when being sued. Both names are on the document. We couldnt reach her after ...

    Evan’s Answer

    Assuming they sued you for breach of contract, the limitations period is 4 years.

    It is essential that you file an Answer to the petition as soon as possible if you have not already done so. By simply filing an Answer (whether pro se or through your counsel), you will buy yourself some time to negotiate or consider a litigation strategy.

    Since the collection industry is built upon the default judgment, it is not in a collection attorney's business model to try cases. Therefore, a motivated defense attorney could likely save you a substantial amount of money on a fixed fee basis.

    Try Weston Legal in Austin.

    Good luck.

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  • Can i sue a hospital from another state

    i was in a hospital and was ordered to take a shot. i refused because all i did was start crying i didn't feel it was warranted they called in about 8 people to give me the shot i blocked the door with my matress when they came in they were swingi...

    Evan’s Answer

    If all of this occurred in another state, you will likely have to sue the hospital in that state.

    If you attempt to sue the hospital here, upon the hospital's plea to the jurisdiction, the Texas court will likely find that it does not have personal jurisdiction over the hospital.

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  • If i filed for a protection order & received the court date, how do i cancel the process?

    I don't want to go through with the protection order

    Evan’s Answer

    Call the court and pass the hearing then send written notice to the respondent (his counsel if he has a lawyer) notifying him that you have passed the hearing.

    If you want to be super formal, you can file a pleading with the court withdrawing the application for protective order.

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  • MY INCOME TAX REFUND WAS DEPOSITED INTO A WRONG BANK ACCOUNT AND THE HOLDER SPENT THE REFUND, WHAT ARE MY OPTIONS

    THE ACCOUNT HOLDER SAY HE DOESN'T HAVE TO PAY IT BANK THE IRS SAYS IT IS OUT OF THEIR HANDS

    Evan’s Answer

    You can civilly sue the recipient of the funds for Money Had and Received.

    Since the essential inquiry in a Money Had and Received suit is whether the defendant has received money that rightfully belongs to another, it is very likely you will prevail, assuming the facts as you have stated them are correct.

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  • I borrowed money to my husband and he gave me check. Now we live apart, there is no money on his account, how can I get my money

    I borrowed money to my husband and he gave me check. Now we live apart, there is no money on his account, how can I get my money back? can I sue him? can I use collector to collect my money?

    Evan’s Answer

    You likely can't do anything other than ask him for it.

    Texas is a community property state, meaning all money accumulated during the marriage belongs to both you and your husband. Legally speaking, there is really no such thing as loaning your husband community funds.

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  • Can judgment from Missouri, garnish wages from Texas paycheck?

    I lived in Texas when I lost my job. was unable to pay credit card bills. Moved to Missouri to see if I could find work after two years, I was still unable to find anything. A job became available in Texas in Texas,so moved back to Texas. I have w...

    Evan’s Answer

    Pursuant to federal law (31 C.F.R. Part 212), the Bank will establish a "protected amount" equal to the Social Security funds deposited during the "lookback period," which it will not freeze in response to a writ of garnishment. No action is necessary on the part of the debtor to protect these benefits.

    See the link below for an illustration of how this works.

    http://www.bankersonline.com/regs/31-212/31-212-appc.html

    Because you are a signatory on the joint account and, therefore, the bank is legally indebted to you for all sums on deposit, the remaining funds above the protected amount, if any, are subject to garnishment.

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  • What is an interlocutory order

    Bank sued and I countersued my counter suit was partially granted with DTPA and mental capacity. This was ruled on in Summary judgements which gave me standings on these areas now bank is sending an interlocutors order to overrule summary judgemen...

    Evan’s Answer

    An interlocutory order is an order which does not dispose of all parties and all claims, and therefore, is generally not immediately appealable.

    For example: Bank sues you to collect a debt. You countersue under the DTPA. Bank moves for summary judgment on all claims. The court grants the Bank's motion for summary judgment as to its collection claim against you, but denies its motion as to your DTPA claim against the Bank. That summary judgment would be an interlocutory order because it does not dispose of your claims against the Bank. Those claims would then proceed to trial. After the trial, both the summary judgment ruling and the jury's (or the court's) findings at trial are reduced to one judgment, disposing of all parties and all claims, which either party may appeal.

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  • How do I respond to a intent to file a civil lawsuit notice from Michael J Scott?

    I recently recieved a notice from Michael J Scott's office that they decided to sue me over defaulted loans from over two years ago if I don't respond in 10 days. The advice I read from other forums is to send them a certified letter of validation...

    Evan’s Answer

    You should do both, and if you retain an attorney quickly enough, have your attorney send the validation letter. If not, sending it yourself is fine. See 15 U.S.C. 1692g(b) to see what you should be asking for.

    If he makes any further effort to collect from you, prior to sending you the information described in 1692g(b), you can sue him and collect a minimum of $1,000 in statutory damages plus attorney's fees.

    Good Luck.

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