Archived
Owned a home for over 8 years and have rented it out recently in CA. Not paying mortgage + doing loan mod. Rent skimming?
Mitchell's answer
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Answered on August 07, 2010
You should read your mortgage and lien documents. The lender may have a lien on the rental income and could sue for it. Also, if you were required...
Archived
Do extensive call log notes constitute "proof" in an affidavit?
Mitchell's answer
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Answered on August 07, 2010
The documents will not serve as evidence because they are hearsay. The participants of the conversation, however, can testify about the content of...
Archived
What relief does a condo ass. have when people continue to win the foreclosure bid but back out when discovering the bank lien?
Mitchell's answer
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Answered on August 07, 2010
First of all, I am not a Florida attorney and can only comment generally.
The previous answer highlights the problem with the mortgage market...
Archived
Am I limited to suing for what's listed on the summons?
Mitchell's answer
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Answered on August 07, 2010
You need to consult with a Kentucky attorney. Generally, you get what you sue for and nothing more, though amendments are allowed. Again,...
Archived
Asset seizure due to a credit card judgement
Mitchell's answer
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Answered on August 07, 2010
Because you did not properly claim the exemption by sending the notice to the court, you did not claim them. This is the reason for at least...
Where can I find Indiana law concerning garnishment? My mom's monthly income is SS & retirement pension is she judgement proof?
Mitchell's answer
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Answered on August 07, 2010
Social Security income is protected by federal law. Pension income is not. While it cannot be garnished at the source because it is protected...
Archived
I am being sued by a second party collector. I am on disability. Can they garnish my wages.
Mitchell's answer
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Answered on August 07, 2010
You can be sued. If you are sued, you might want to consider responding with whatever defenses you may have. If a debt collector is suing, make...
Archived
I am a resident of NJ. I am being summon for a lawsuit in the state of CT Should I get an attorney in CT or NJ.
Mitchell's answer
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Answered on August 07, 2010
If you are being sued in CT, only an attorney licensed in CT can represent you in the CT courts.
If you file for bankruptcy, you must file in...
Archived
Mortgage and BK
Mitchell's answer
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Answered on August 07, 2010
Your personal obligation to pay was discharged (assuming that there even was one in California on this loan). The lien was not removed, though. If...
Employer charging stop payment fee on stolen paycheck
Mitchell's answer
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Answered on August 07, 2010
Your amount of wages will not affect the answer. Unless California has a specific law addressing this issue, I know of nothing stopping your...
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