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Matthew J. Ausley

Matthew Ausley’s Answers

12 total


  • What is the actual possibility of this seller suing me?

    Matthew’s Answer

    The big fact that will determine whether the seller will sue is the amount of money he feels you owe him. If you purchased a $100k car, he is probably going to sue you. If you bought a $10 yo-yo, you can sleep soundly. My point here is that lawsuits are expensive and time consuming. So, unless this seller is out a lot of money, I would speculate that a lawsuit is unlikely.
    One thing you can do to help protect yourself is return whatever item you did receive.

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  • What legal requirements must I follow in Florida to start a Financial Coaching Business?

    Matthew’s Answer

    This answer is going to hurt a little, but this is the advice I would give to any friend who asked me this question. You are asking how to run a business that requires licenses without obtaining the licenses you know are required. As a non-profit, this idea might work. However, if you want to make any money, all the money in the financial-advice business is in selling products or managing money. It is so easy to get licensed to do that, there is no reason not to get the proper licenses. Once you do, you could chose not to make any money and give out free advice to people who can’t balance a check book. That is the right way to do what you want to do here. If you have issues in your background that would prohibit you from obtaining financial licenses, you may be better off looking for a different line of work. Good luck.

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  • What are my options?

    Matthew’s Answer

    I agree with the other attorneys, you should consider refinancing if you can. Because you say that you have paid for 10 years, you may be at or near the maturity of that loan. If you don't already know, you should check your note for the maturity date. If you go past the maturity date you may go into default. If that happens, obtaining new financing will be much more difficult. So, plan ahead.

    One final thought, most loans allow the borrower to pay more than the interest-only payment. If your maturity date is far in the future, and you have the ability to pay more, pay more each month. This will cut down on the interest you pay because you should only pay interest on the balance of the loan. Good Luck.

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  • How can I take action in fixing this problem?

    Matthew’s Answer

    It is possible to get judgments overturned, but whether that is possible in your case depends on what exactly happened and when. It wouldn't take much work for an attorney to answer your question once the attorney has all of the facts. Good Luck.

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  • What recourse do I have as an owner ?

    Matthew’s Answer

    Condo associations are notoriously resistant to pressure to act when it comes from a member. But, if you want to read up on Florida Law, Florida Statutes Chapter 718 can be found online. Also, you should obtain a copy of the condominium's declaration, articles of incorporation, and bylaws. Those will tell you the rules specific to your association. If you do intend to try to fight your association on some issue, you will absolutely need an attorney. Good luck.

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  • Can the mortgage servicer denied the grantee reassignment of the property if the monthly income is sufficient to pay the mortg?

    Matthew’s Answer

    I agree with Mr. Bruckman's answer and would add that you have other legal issues you should consider. For instance, a quit claim only means that the person giving it gives up whatever interest they had in the property, if they even had any. Without doing a title search and obtaining title insurance, you could end up paying off the mortgage only to find out that you still do not have clear title to the property. If I were you, I would want to know that sooner than later. A real estate attorney can help you identify issues you may not even realize you have! I hope it works out.

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  • Statute of Limitations and a Unpaid Debt with a Engagement of Services Agreement Received by Client

    Matthew’s Answer

    Florida Statutes Chapter 95 contains the rules of limitations of actions. If you are interested in looking at the statutes, they can be found online. There are some things that toll (or postpone) the running of the limitation. Also, if your debtor made signed written promises (emails), those may be enforceable even if the limitation has passed (with some additional limitations and exceptions). Any attorney would check the limitation first, before they did anything else, to make sure they could help you with your claim. It never hurts to ask an attorney to take a look and determine whether they can help.

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  • If I sued a person (small claims) in Florida ( I live in NY) a few years ago & they still haven't paid me is there a way I can

    Matthew’s Answer

    Unfortunately, post-judgment collection is very difficult for a layperson to navigate. But there are lots of legal tools that can be used to collect information and ultimately get at the assets of the judgment debtor. Sometimes, just getting an attorney involved can result in a settlement offer from the judgment debtor.

    Typically, after performing as asset search, an attorney would start with interrogatories (written questions) and requests for production of documents (tax returns, bank statements, paystubs, deeds, etc.). The Judgment Debtor has to respond to these information requests or risk sanctions from the court. If that fails or does not yield enough information, proceedings supplementary is the next step. In proceedings supplementary, your attorney can examine the judgment debtor in front of the court and request the court do things like reverse fraudulent transfers, pierce the corporate veil, and many other things.

    Once assets are identified, it is just a matter of taking the proper steps to obtain them. These steps can vary widely depending on what kinds of assets have been identified and the their location.

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  • I need to know what type of license do I need to operate my business online as a retailer. Please help me

    Matthew’s Answer

    There are many factors to consider when deciding what licenses you may need. For instance, what you sell matters. Selling cars requires a different license (and other things as well) than selling T-shirts. In what county are you located? Some counties may not require a license at all. If you live/work in city limits, your city may require a license. Also, depending on what you are selling and where you are shipping it, you might need permission to do business in the place you are shipping to. A business attorney should be able to run down the answers and help you with the applications for a small fee.

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  • How do I legally run my future buisiness

    Matthew’s Answer

    The answers to your questions are highly fact dependent. So, they can’t be answered fully without more information. You should schedule a little time with a construction attorney to consult with you on how best to proceeded. I am sure that you know the general rule that a subcontractor may perform construction work under the supervision of a person who is certified. It isn’t clear from the facts provided whether that is your situation. I am not sure how to answer your 2nd and 3rd questions without more facts. What I can say is that having a written business plan that includes compliance with licensing, tax, and other law is critical to long term success. A few hours with a good attorney can help to set you on the right path for future success. Good luck!

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