Tim A Pribisco Jr.’s Answers

Tim A Pribisco Jr.

Contributor Level 8
  1. Chapter 7 Form B8 - I am surrendering a Condo and leased vehicle. When do I contact the Creditors in these two instances?

    Answered almost 2 years ago.

    1. Michael Edward Schuchat
    2. Tim A Pribisco Jr.
    3. Steven Anderson Leahy
    4. Ashley Anne Digiulio
    5. Derek R. Caldwell
    5 lawyer answers

    Your creditors should know of your intentions. It will now be up to them to claim the collateral (Condo and Car). They will contact you.

    7 lawyers agreed with this answer

  2. Can an hoa evict me for dues not paid by owners of my condo already in foreclosure by the bank

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    2. Barbara Billiot Stage
    3. Sergio Cabanas
    3 lawyer answers

    Section 718.3116(11), Florida Statutes provides a condo association (COA) the ability to demand a tenant who is leasing a unit to pay rent directly to the COA. This law is in place to protect COA in circumstances where a condo onwer is receiving rent from a tenant in a unit, but the assessments are not being paid. If the COA followed the proper notice procedures, it can avail itself to the Chapter 83, Florida Statutes concerning landlord/tenant law. Once the COA is acting as a landlord, it...

    6 lawyers agreed with this answer

  3. With a foreclosure can they do anything to you besides ruin your credit?

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    2. Joshua Jonathan Tejes
    3. Sultana Louise Haque
    3 lawyer answers

    Having a foreclosure judgment against you can do more than ruin your credit. A foreclosure judgment will result in a foreclosure sale of your property which could result in you being liable for the difference between the amount you owe and the sales price at a foreclosure sale. Additionally, if the property is your homestead the protection of the Mortgage Debt Relief Act (MDRA) will expire December 31, 2012. If the property is sold after the end of this year, you could be taxed upon the...

    6 lawyers agreed with this answer

  4. How can we collect delinquent rent from a commercial lease where the renter supposably went of out business with no notice?

    Answered over 1 year ago.

    1. Alan Smith
    2. Marshall C Deason Jr.
    3. Tim A Pribisco Jr.
    4. Jimmy Allen Davis
    5. Alec Larkin Weber
    6. ···
    6 lawyer answers

    You should retain a local real estate attorney to write a formal demand letter and then commence lawsuit if the informal demand does not work. Provided the lease is valid, the lease obligates the tenant to pay. However, if the tenant does not choose to fulfill its obligation, prevailing in a lawsuit against the tenant to recover the unpaid rent will allow you obtain a judgment against the tenant. This judgment will allow you garnish bank accounts, and levy assets. The judgment will attach to...

    5 lawyers agreed with this answer

  5. Can creditors come after my companies?

    Answered almost 2 years ago.

    1. David Lloyd Merrill
    2. Tim A Pribisco Jr.
    3. Deborah F Bowinski
    4. Ashley Anne Digiulio
    4 lawyer answers

    The answer your question depends on the type of business. If the businesses are LLC's in which you are the only member, a partnership, or a sole proprietorship, the bankruptcy court could liquidate the assets of such business forms to satisfy your personal answer. If your business is a corporation, your personally held shares could be subject to liquidation to satisfy creditors. Otherwise, the general rule is that assets of another entity in which you are a party or that you own will not be...

    5 lawyers agreed with this answer

  6. HOA did not cash checks for fees, filed against me.

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    2. Charles B. Upton II
    3. Matthew Michael Loker
    3 lawyer answers

    In order to start a valid foreclosure against your unit, the association must have properly notified you (via certified mail) of its intent to lien your property. You should have been provided 30 days to cure the arrears. If you failed to cure within that 30 day window, the association then needed to provide you notice (via certified mail) that it would foreclose if the outstanding dues are not paid within an additional 30 days. If the association did not follow this procedure and you can...

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  7. Chapter 7 Filed. Condo HOA Lawsuit for past dues was pending trial. HOA attorney did a Motion to Stay, not a Motion to Dismiss.

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    2. Alison Nicole Emery
    3. Joshua Jonathan Tejes
    4. Derek R. Caldwell
    5. Deborah F Bowinski
    6. ···
    6 lawyer answers

    It is a bit unclear from the facts you present with regard to the status of the HOA dues. If the case was pending trial there likely was lien filed or perhaps the HOA sued only for a money judgment and not foreclosure. In any event, HOAs are becoming increasingly more aggressive in moving foreclosure cases along. Because an HOA will get paid some of the outstanding dues when the property is sold at a foreclosure sale, an HOA has incentive to Move for Relief from Stay (meaning asking the court...

    4 lawyers agreed with this answer

  8. Does someone need "Power of Attorney" to do walk through of property with tenant if owner is out of state?

    Answered almost 2 years ago.

    1. Tim A Pribisco Jr.
    2. Carol Lynne Zimmerly
    2 lawyer answers

    Since the tenant has mailed the keys and it appears he has vacated, obtaining a power of attorney (POA) may not be an issue. When you receive the keys, I would instruct your agent who went to do the prior inspection to go back and try to do the inspection. If he has not vacated, you may want to get a (POA) just to make the process easier. This is a scenario that you arguably need a (POA) if the tenant is being unreasonable in not allowing your agent to do the inspection without a POA. If the...

    4 lawyers agreed with this answer

  9. Can a bank joint bank account be garnished in Fl if the person who the debt is against doesnt work or contribute to the house?

    Answered almost 2 years ago.

    1. Shawn Michael Packer
    2. Tim A Pribisco Jr.
    3. Sergio Cabanas
    3 lawyer answers

    There are exemptions which can protect the property (bank account) of a person who is not head of household. In most instances, the bank account of head of household is exempt from garnishment. However, unless the creditor does not meet certain notice requirements, or if certain exemptions do not apply, a non-head of household's bank account may be garnished.

    4 lawyers agreed with this answer

  10. Small Claims court -What would I need to show judge if I'm filing for bankruptcy and have plaintiff listed as a creditor? Thanks

    Answered almost 2 years ago.

    1. Gregory Howard Wiley
    2. Kenneth Allen Parker
    3. Dorothy G Bunce
    4. Glen Edward Ashman
    5. Tim A Pribisco Jr.
    6. ···
    8 lawyer answers

    Your small claims action will stop once you file bankruptcy and notify the small claims court by filing a Suggestion of Bankruptcy in that case. You will list the plaintiff as a creditor in your bankruptcy schedules.

    5 lawyers agreed with this answer

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