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Jacqueline L. Simpson

Jacqueline Simpson’s Answers

17 total

  • I am being sued by a company over credit card debt. What should I do?ARCHIVED

    Jacqueline’s Answer

    I agree with Attorney Hittel and I also recommend getting your lawsuit paperwork evaluated by an attorney. There may be defenses and/or exemptions available to you. Most attorneys offer a free consultation. If legal fees are a concern, consider contacting your county legal aid office or you can visit the self help legal center at your local county courthouse.

  • Mailed I 485 app And they received it on Nov 1 2016. How long before we hear from them as to wether they except it or not?ARCHIVED

    Jacqueline’s Answer

    Your question contains a lot of unanswered questions.

    Your case was recently filed so I doubt that you have received a receipt notice from USCIS. Until then, you will need to remain patient.

    Secondly, you said you filed an I-485, but you did not indicate whether or not you filed an I-130 petition. If you did not file an I-130, you have a problem. I suggest you contact an immigration attorney to discuss your options asap. The attorney will address your visa issue.

    After you receive your receipt notice from USCIS, you can check current USCIS processing times by visiting here:

  • Can I file for just divorce and not child custody in Texas?

    Jacqueline’s Answer

    If you are a Florida resident and you don't know where you spouse lives you can file for divorce by publication. If everything is filed properly, you will receive a divorce, but the court cannot make any decisions regarding child custody, child support or division of property. Technically, you will have custody because your child is with you, but you will not get a COURT ORDER awarding you custody. The issues of child custody, child support and division of property will remain "open" until you can properly locate and serve your husband.

    You should consult with a family law attorney for more information.

  • Can you legally hide money to be approved for Medicaid, by paying off your adult children’s credit cart bill directly to the cre

    Jacqueline’s Answer

    If you are asking about nursing home medicaid, there is no legal way to "hide" money, but there are asset protection strategies available. Nursing home medicaid applications are carefully scrutinized for abuse. All of your financial accounts and documents will be reviewed and any non-allowable gifts or transfers of assets made within 5 years of the date of your application are subject to penalties. As such, following through on this plan to pay your adult child's credit card bill is not recommended.

    You should consult with an elder law attorney to find out what asset protection strategies are available to you.

  • Does State of Florida require witnesses to get married?

    Jacqueline’s Answer

    A Civil Marriage ceremony can be performed in the Marriage Division of the county courthouse. Witnesses are not required for a civil marriage ceremony in Palm Beach County and Broward County. The staff will take care of everything.

    If you don't live in these counties, call to confirm.

  • Must you first request admission of bank records? Or can you subpoena them immediately? ARCHIVED

    Jacqueline’s Answer

    Rule 1.370(a) and rule 1.280(e) of the Florida Rules of Civil Procedure addresses Request for Admissions and the Sequence and Timing of Discovery and it states the following: Except as provided in subdivision (b)(5) or unless the court upon motion for the convenience of parties and witnesses and in the interest of justice orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not delay any other party’s discovery.

    The type of subpoena that you are referring to is called a Subpoena Duces Tecum without Deposition of a non-party witness and is governed by rule 1.351. Pursuant to rule 1.351(f) a subpoena does not affect the right of any party to bring an independent action for production of documents and things or permission to enter upon land. This would apply to Request for Admissions as well.

    What methods would you use? You would gather all of the evidence that supports your allegations i.e. photos, social media postings, emails, documents etc..

  • If I receive an award after a car accident of $250000 but I was on Medicaid way before the accident, do I have to report it? I ARCHIVED

    Jacqueline’s Answer

    I would advise you not to pay or gift money to anyone without speaking to a Medicaid/Public Benefits or Elder Law attorney first. Medicaid/Public Benefits planning and the drafting of special needs trust is complex and should not be handled without proper legal advice.

  • If they win the suit, can I file bankruptcy and not owe any money? ARCHIVED

    Jacqueline’s Answer

    If you are eligible to file bankruptcy, most of your debts including any lawsuit judgments will be discharged. However, some types of judgments are non-dischargeable in bankruptcy such as debts obtained through fraud and debts for willful and malicious injury. You should consult with a bankruptcy attorney to review the details of your lawsuit to advise you accordingly.

  • If I do not pay on an agreement on a charge off, what actions can the bank take that will affect me and my credit report? ThanksARCHIVED

    Jacqueline’s Answer

    In the event that your case results in a lawsuit and you lose, a Final Judgment will be entered against you.

    A Final Judgment will give the bank the legal authority to ask the court for permission to take a portion of your paycheck, money in your checking or savings account, or seize your personal property until the judgment is paid. In addition, a Final Judgment is a public document. As such, it will be recorded in your county's local official records and this will often trigger the reporting of the judgment to credit bureaus. A judgment can remain on your background and/or credit report for many years and will most certainly affect your credit score.

    If you can not afford to comply with the terms of the agreement, it would be wise to consult with an attorney.

  • Can I still take them to small claims court even though they have filed for bankruptcy.ARCHIVED

    Jacqueline’s Answer

    Generally speaking, if a lawsuit is filed before or during bankruptcy proceedings and it’s a no-asset case, the lawsuit will be dismissed or discharged.

    If a lawsuit is filed after a bankruptcy discharge, the creditor can pursue and attempt to collect the debt. In addition, the creditor must keep a watchful eye on the statute of limitations law for the claim.

    You should consult with a debt collection or bankruptcy attorney to learn how to protect your creditor rights.