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Margaret Mitchell’s Answers

103 total


  • How could I have my son remove from our house if the was never a written contract between us.

    He has his music real loud in front om my yard and drinks and I don't like the way he discipline his 7 yr old daughter physically or verbally. It's causing my daughter and I a lot of conflict. We only decided to help them out cause he was the onl...

    Margaret’s Answer

    The other attorneys have touched on the legal steps to evict him; as he is a month to month tenant you have to give him one month's notice, but the real problem is the family dynamics.
    If he is being abusive to his child you have a duty to report it to the appropriate people. Do you have a method of finding affordable counseling? If you can get help, for you if he won't get help, you may have the tools to deal with his acting out more appropriately. Getting into conflict with others over his behavior does no one any good.
    If I were to give advice it would be the next time he is drunk and abusive, call the police. You cannot enable him. The question I have is how did you let this situation become so out of hand? Obviously there is an unhealthy dynamic in which you are participating.
    I would try to get your son to agree to a family meeting where you can calmy, without blame, discuss the outstanding issues. If things get tense stop and continue the discussion in front of professional counslers.
    I wish you the best. Tough love is hard, especially where there is an innocent child, but if you let these problems fester they will only get worse.

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  • I was hospitalized in May of 2013. I have no insurance. My bills (about 10 different ones) are $30,000. I send each mo $50.00

    At least 3 have turned me over to collections. I have regularly sent each month, sometimes more than 50.00 By only sending this amount can it hurt my credit? I am not employed, I am 56 yrs old, and not that it matters but my husband died almost...

    Margaret’s Answer

    • Selected as best answer

    See if you can reach an accord for a lesser amount. Very often if you make a more aggressive payment plan hospital's and physicians will cut a deal.

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  • Truck traffic keeps driving on the grass between my drainage ditch and the road also creating ruts near and on driveway.My prop?

    There is approx. 2.5 feet between my drainage ditch and the street, and has recently (1.5yrs) become an area for trucks to swing wide to turn into their business (shipping warehouse). I'm not sure what my rights are as to if this is my property, a...

    Margaret’s Answer

    Go buy some big decorative stones and when the drive up they hit the stone and blow their tire they will stop.

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  • When property is assessed at a certain amount, is that the absolute top dollar amount for which it can be sold?

    My cousins and I have some land that we want to sell. If the Tax Assessor's office appraised the land at $25,000, is that the maximum amount for which we can sell it? Bottom line, I guess what we're wanting to know is if the appraised amount is ...

    Margaret’s Answer

    I agree with my colleagues.
    I recomend you talk to realtors who specialize in the area and type of land and consult with them. Many will tell you what the comparables are (like property recently sold) which is the best indication of fair market value.
    I always use a realtor when I sell property. They are very helpful and make the transaction much simpler and safer for you. If you don't know what you are doing you can really mess up a land sale.

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  • I'm disable and i've a young man that has called me a retard and some other words and know one here wants to do anything what ca

    i'm disable and i've a 20? calling me names and causing me problems what can i do sence the aptments i live in don't want to do anything sence he's the maintenance son and the maintenance man sits in his car and all drinks it's in a white cup so n...

    Margaret’s Answer

    You have an absolute right to be free from this discriminatory conduct. The apartment is liable for their employee's violation of your rights under the Americans with Disabilities Act. They cannot retaliate if you complain.
    Document this conduct (cell phone video, witnesses, etc.) and talk to the management. If a polite conversation does not help (don't get angry or disrespectful), see an attorney who can write a letter to the management company, the owner, and, if need be, the management company's licensing agency or the fedreral agencies that enforce fair housing laws. Then you can see what happens. That should be enough.
    I am so sorry for this problem you are having.
    Do not let them get away with it.

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  • I took out a payday loan from one of the walk in places about 4 to 5 years ago.

    I now have a law firm calling stating that they are going to serve me at work. I do not have the money to pay but could make payment arrangements but they are harrassing everyone I know, they have my number to call me. Can they pursue this. I know...

    Margaret’s Answer

    If the last payment you made was more than four years ago the debt is barred by the statute of limitations. But if you pay anything the debt is revived for four more years from the time of payment.
    Ask them to send you the paperwork so you can "make a deal." Then check and see if the debt is time barred. If it is tell them if they harrass you any more you are going to sue for unfair debt collection practices and talk to an attorney.
    In the mean time take care not to get served.

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  • Can I decide how much to pay on a debt or can they force me to pay more?

    I was contacted by a debt collector for something from 10 years ago. They say I owe $10,000. I honestly told them I could only afford $50 a month. The person I was talking to tried to get me to pay $75. I stuck to the $50. He told me to look over ...

    Margaret’s Answer

    DO NOT PAY A PENNY!!!
    The debt is barred by the statute of limitations. Payment of any money revives the debt and the statute of limitations defense is waived.

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  • Is copies of sale affidavit, last 3 statements enough to sue?

    being sued for old charged off credit account by third party. I can not settle because I dont have the funds to do so. They do not have originals only electronic copies of statements and I do not know how this debt occured in the first place since...

    Margaret’s Answer

    You need to file a general denial immediately. If the debt was incurred more than four years before the suit was filed it may be extinguished by the statute of limitations. This is an affirmative defense that must be pled.
    You need to consult with an attorney as there may be other defenses.
    If the electronic statements are records kept in the ordinary course of business they may be sufficient proof to support the existence of the debt.
    Many lawyers on Avvo will consult with you for free.
    Without knowing any more facts I cannot tell you what might happen,

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  • Texas Mineral Rights Question

    I am in Texas and own most of the mineral rights on my property. Recently a neighbor said that Texas has a law that mineral rights will revert to the landowner if the owner of the mineral rights does not exercise them or live on the property for m...

    Margaret’s Answer

    Mineral rights are an interest in land. You have to look at your deed, and the deed that severed the rights, to determine all your rights and any exceptions thereto.
    I know of no such law as your neighbor alleges. There are statutue of limitations for adverse possession on some property rights, but you are not adversly possessing your coowner's mineral rights.

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  • I have good credit, but recently was hospitalized with no insurance. I can not pay, is this going to ruin my credit?

    What can I do? Can pay small amount each month, but they want more,

    Margaret’s Answer

    Three good answers so I'll just wish you the best.

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