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Paula Brown Sinclair

Paula Sinclair’s Answers

8,003 total


  • My husband filed for divorce. We have agreed on all issues & a paralegal drafted our agreement.

    Since we have an agreement with everything, I will not be filing a response and we will proceed as a default, attaching our agreement to the default paperwork. Can I have my former name restored in the judment? I see on the judgment form (FL 180...

    Paula’s Answer

    What, exactly, does this paralegal practice? Para-law?

    Most respectfully, you are playing with fire. Neither your reliance on the assistance of a non-licensed person engaged in the unauthorized practice of law, nor "advice" from a public information forum is wise.

    A far better strategy will be to find local experienced family counsel who offers "unbundled" services to provide the assistance you need to complete the divorce process.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • I have just found yet another document where my husband's lawyer is notarizing (as a Witness) my signature.

    I keep uncovering document after document in several states, and the latest is a transfer of a property that is labeled "Witness": 'Sam Smith' who then also is the Notary Public (solely) on this same document, that bears my "signature" (forged, I...

    Paula’s Answer

    This description merits immediate review and action by counsel experienced in the area of law involving the false documents. Such conduct may need to be reported to the bar that has licensed the attorney, and damages may need to be claimed against the Notary's bond.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Another case

    I am in a military and was accused of a rape case. The accuser refused to check her organ and because of that the case was dropped. But now the army still finding a new case to file against me i think its fraternization and adultery. What can you ...

    Paula’s Answer

    I can say that making statements about this situation on a public forum like this is unwise in the extreme. Contact Avvo customer service to delete this post. Contact your JAG office immediately to arrange adept defense counsel, and make no further statements to anyone other than your own attorney.

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  • I won in a small claims court 10 months ago and the lady was ordered to pay $1300. She has not contacted me to pay. Whas next?

    I won my small claims court almost 1 year ago (the lady didn't even show up to court & tried to manipulate court files the day before sending them to my house saying the court date had changed! I still went to court...the court date had NOT chang...

    Paula’s Answer

    Most respectfully, it is unreasonable to expect a judgment debtor to make an effort to contact you. Most often it is the judgment creditor who must rather aggressively execute the judgment. That process is not very intuitive, and the assistance of experienced counsel is typically needed. Where the judgment debtor is an attorney, collection may become particularly difficult. Contact local experienced litigation counsel for collection assistance (and ask whether the judgment debtor's false claim that the court date had been changed should be reported as a complaint to the Bar.)

    Best wishes for an outcome you can accept, and remember to designate a best answer.

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  • Can someone do something to lose social security?

    Not disability but the one you get at age 62 or whatever. At whatever age you are to collect it. Retirement Insurance Benefits. Can someone lose that? If so how?

    Paula’s Answer

    • Selected as best answer

    Social Security "early" retirement benefits are subject to limitations related to earned income. All Social Security wageearner benefits are suspended if the worker is incarcerated for thirty (30) days or more. Here is the link to the official Social Security publication on this subject: http://www.ssa.gov/pubs/EN-05-10133.pdf

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What document would I need in case something happens to me?

    I am the guardian of a two year old boy. What document would I need to allow his paternal grandmother to take custody of him in the case of something happening to me? Also what document would I need to allow her to take him to medical appointments...

    Paula’s Answer

    If "something happens to you," meaning death, the guardianship of the child would need to be reconsidered by the court that appointed you. In a last will and testament, you can state your preferences for a successor, but that is just a nomination, and it will be the court that decides who will success you as guardian. For assistance while you are alive, the document would be a power of attorney, but there is no specific form to meet the needs you describe. The assistance of local experienced family counsel will be needed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Do you need to send these forms to the court for Chapter 7 Bankruptcy or do they prepare them?

    Form B205 Notice to Creditors Form B9A

    Paula’s Answer

    These forms are prepared, filed, and served, by court clerks or Bankruptcy Noticing Center.

    Most respectfully, you are over your head. if you are attempting to navigate bankruptcy procedure without skilled legal assistance you are risking costly and highly unwelcome consequences. Bankruptcy is a minefield of opportunity for irrevocable self-inflicted injury. Find a way to retain enough assistance to avoid disaster.

    Best wishes for an outcome you can accept, and please remember to designate a best answe.r

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  • We have just finished a settlement meeting. Why do I have to pay for all my attorney's fee?

    My husband filed for a divorce. We were married for almost 8 yrs. He's on a retirement age, self employed & stillworking, he has 401K & does his own investment. We live in a house worth less than a million dollar, he bought a house in Costa Rica w...

    Paula’s Answer

    This public forum is ill-suited to advising strategy in a specific case. That is what flesh-and-blood attorneys are for, and you have one. For virtual attorneys to second-guess your personal attorney's advice will not help you.

    What we can do here is offer reliable information about the law and legal procedure. To that end, we can say as a general rule that assets acquired prior to a marriage in a community property state are separate property and, unless transmuted in character during the marriage, are not subject to division in a divorce. How much community property a party properly receives in that divorce may be affected by the amount of joint debt the other party assumes. The ongoing income of the other party will be highly relevant in the determination of mandatory child support and spousal support (alimony), if allowed for such a short marriage under state law. And, yes, your attorney is entitled to be paid for the services she provided you.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Me and my girl friend have car loan and both are on the loan if we break up who gets the car and who gets to pay the loan

    She is a single mom no other vehicle and I have a car leased through my company that I work for

    Paula’s Answer

    Too much information is missing here. Whose name is on the title? If just one name, that person owns the car. Who is liable on the note? That is the persons who "gets to pay the note," and if more than one name, each is fully liable to pay off the car.

    Here is a life lesson: unmarried persons who buy valuable things together "on time" create for themselves a substantial risk of losing possession of the collateral while remaining fully liable to complete paying for it. The legal status of marriage creates a structure for sorting out such ownership rights and payment responsibilities that simply does not exist outside of a marriage.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Is there a way to protect our assets from a nursing home seizing them should we need care prior to our deaths?

    We own our home, a house in the mountains, 2 rental properties, money in the bank, and IRA's. We are in our mid 70's and in fairly good health. We have 5 children, and we would like to find a way to protect all we have from a nursing home seizing...

    Paula’s Answer

    It is a too widely-held myth that someone confiscates property when nursing home care is needed. This is just not how it works.

    The Medicaid program pays for medical care needed by the elderly and disabled who have little in income and assets. Federal law and regulations impose eligibility penalties where persons "self- impoverish," that is, give away valuable assets. Further, giving away assets surrenders control over those assets.

    Here is another point of view: where is the fairness in expecting the taxpayers to pay for your care so your children can inherit your assets?

    For the needed detailed analysis of your situation, consult with an experienced local elder law attorney. Be prepared to pay a reasonable fee for the valuable information you will receive.

    Best wishes for an outcome you can accept,and please remember to designate a best answer.

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