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Robert Jan Suhajda

Robert Suhajda’s Answers

1,689 total


  • Do I need to be on the lease?

    After we married, I moved in with my wife. We made it known to the Management Company. They said if I wanted to be on the lease, they would need to screen me for $30. We declined. It has been two years since, and they never asked again. We are now...

    Robert’s Answer

    To properly answer the question requires me to know facts like who was named in the lawsuit and who caused the damage. I do not see an advantage to assuming a potential liability even if small. I would just state you were not required to be on the lease.

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  • I have a contract for purchase of real estate. do i give the seller a 1099

    I gave seller a1099 and they got angry and returned it to me. Am I supposed to dothis? They say no, but I think I am suppose to. They say they don't make enough to file and now they will have to

    Robert’s Answer

    If you are the person closing the transaction then you are the real estate reporting person and you should issue a 1099-S for proceeds from a real estate transaction. In lieu of a 1099-s you can get an
    exemption certificate which says the Seller is exempt from taxation. If you are not the real estate reporting person then the person the closes the transaction should issue the 1099 or get an exemption certificate. Ask a local real estate broker or escrow for the exemption certificate.

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  • Can a creditor attach my child support or alimony or take my income tax return?

    I am currently unemployed and receiving only child support and alimony. Can a creditor garnish either of these? Can they take my income tax return?

    Robert’s Answer

    A creditor cannot levy anything without taking you to court and getting a judgment unless it is the state of federal govt.

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  • In a corp in default what are risks of officers being sued personally by piercing corp. veil?

    We have Nevada C Corp. It is currently in default as we are in liquidation and have not filed current officer list. Also have not paid $800 Franchise tax (I think to CA or that may be federal--not sure). We have creditors who would sue the C Cor...

    Robert’s Answer

    • Selected as best answer

    Based upon the facts presented and my interpretation of them, I do not see a personal liability issue. The shareholders are liable if they personally guarantee a loan, personally induce a person to loan money, do not follow corporate procedures like commingling corporate funds with personal funds, and as already stated, results in an major injustice. So I would shore up weaknesses in the corporate shield and not sign anything without consulting an attorney. You need to lay out a strategy and a plan to move ahead.

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  • I pay my adult daughter's car insurance on an auto she holds the title. Am I liable if she causes am accident in California?

    I also claim her as a dependent on my Federal income taxes as we have supported her modest salary due to a medical condition. She lives independently in our state of CA.

    Robert’s Answer

    Based on the facts and my interpretation of them, you will not be liable unless your negligence some how contributed to the accident. The facts do not show any negligence on your part but my answer cannot be substituted for the advice of an attorney who deals with these matters.

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  • We live in a house that landlord lost to back taxes, talked to all the right people still no answers, no one knows anything

    called court house and tax accessor no one knows anything we were also told that know one is collecting rent don't know who to pay or what to do. last communication was that house was going to a second auction in oct. and even if someone gets it, ...

    Robert’s Answer

    You are not relieved from the obligation to pay rent because you owe it to someone. First read your lease if you have one to see if it addresses the question. Second, ask the landlord for the status of the foreclosure. Third, you don't state that you tendered payment to the current landlord. How did you pay rent in the past? If you are concerned that your rent is in jeopardy, hold it in a separate account.
    Fourth, you can also check with the county assessor who is on title or it title has changed.

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  • My ex and I alternate claiming our child for tax purposes. Can I allow her to claim on my year in exchange for monthly support?

    Can I make an arrangement with my ex so that she can claim our child this year in exchange for the monthly support to be deducted from tax credit? It may take up to a year for the monthly payments to be consumed with the credit. Is there some docu...

    Robert’s Answer

    Look at IRS form 8332 and the instructions. If it applies to your situation, have her sign it and get an agreement in writing. As noted it may contradict the divorce decree and I am unable to determine what that portends. You may want to consult with a family law attorney.

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  • Can I spend my tax refund even though I'm filling out papers through legal services to file bankruptcy?

    Nothing has been filed in the court yet I just have the packet of papers to fill out to start the process. I really need the refund as I owe a good bit of it out. Thanks

    Robert’s Answer

    If you file for bankruptcy before you get your refund the trustee gets it for sure. Act fast and consult an Ohio bankruptcy lawyer.

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  • What defnes a secured loan modification

    I am being charged for 2 secured loan modifications but have received no written confirmation. Does verbal mean the same as secured?

    Robert’s Answer

    A written security agreement defines a secured loan modification. There is a paucity of facts so I cannot go further.

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  • Judge said clients must be present if attornies dont have authority for Stipulation for admisibility of exhibits in meet/confer

    This is for purpose of setting a trial for divorce. If i see that exhibits are not complete , 1-can i not agree to stipulate till exhibits are complete? 2- the judge has given a date to complete discovery and exhibits. What happens if i d...

    Robert’s Answer

    You have to ask the judge for more time and state why you are not ready. What is the reason your are not prepared. Also state when your exhibits will be ready and also explain what other exhibits you need to prepare. I would say you need counsel or better counsel,

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