Do I do an appeal because I have a summary judgment against me Because I did not have an affidavit at the summary judgment hearing the judge granted the sun me judgment but in fact the person that did an affidavit for the company that is chargin...
Mr. Bollinger is correct. The Judge considers only the papers on file, including affidavits, at a Summary Judgment hearing. Oral testimony is not considered. You needed to file an Affidavit which controverted their affidavit in order to present a contested issue of fact. Sadly, I very often see many pro se parties who lose a summary judgment because they think they can testify at a summary judgment hearing, or cross examine witnesses. Many pro se do not understand the Court rules, which is why at least having a lawyer look over a Motion For Summary Judgment and advise how to respond is so important. You can appeal, but you will lose.See question
I was in chapter 13 converted it to a 7 just had my meeting and I was wondering can I pay the car loan off or not before my discharge.
I agree that your attorney is the first person you should ask. In general, you can "redeem" your car loan after conversion from a Chapter 13 to a Chapter 7. Your Statement of Intention needs to be amended and if you and the lender cannot agree upon the redemption (payoff) amount, a Motion will need to be filed to get Court approval. Because you converted from a Chapter 13 there are probably other issues present and you should get some advice specific to your situation from your lawyer.See question
We were served with a 4 day notice to pay or quit. I was under the impression that the state of North Carolina requires 10 day notice to pay or quit. Is this not the case?
You need to give us more information. Has the landlord already obtained a summary ejectment judgment and if so, how many days ago? If not, what are the terms of your lease? Are you on month to month, week to week, or if you have a lease contract, when did it start and for how long was the lease? Also, please confirm this is a residential lease and not a commercial (business) lease.See question
Disabled infant (newborn) and spouse live with me, fulfilled year lease, renting month to month now. Curious about rules, tenant rights, how to prevent or prolong the sale, or any other housing remedies. Also, is my landlord (and realtor for landl...
The first place that you go to review these issues is the written lease. What is in the written lease controls such things as when the landlord can enter and how they give you notice. The written lease is your contract. If the lease is silent about when they can enter, they pretty much can enter whenever they want. There is not specific North Carolina law saying when a landlord can enter the property or how much notice they have to give. They cannot interfere with your "quiet enjoyment" of the property, so if they come in too often or in an unreasonable manner, that's crossing the line.
You cannot prevent the landlord from selling the property. You are on a month to month lease and all they have to give you is 7 days' notice to leave.
Here are some websites you may find helpful:
I hope this helps!See question
LAMDLORD IS REFUSING TO FIX ANYTHING IN MY HOUSE AND SEPTIC TANK IS FULL AND SHE WONT FIX IT. I AM WITHOLDING RENT BUT SHE IS SAYING SHE IS GOUNG TO START EVICTION. I AM IN NC. PLEASE HELP.
As usual, Mr. Robinson is spot on. Get caught up with the rent, send her a written demand to fix the septic, and if she does not, bring suit in small claims court.See question
My house in NC that had a USDA backed rural development loan through Chase was foreclosed on after I had to move find employment in UT. Chase bought the house at the foreclosure auction and has not been able to sell it yet even at 50% of the mortg...
Yes. Consult with a UTAH attorney if you are currently living in Utah. The location of the property in NC makes no difference. You file Chapter 7 in the state where you have lived the majority of the last 6 months.See question
I purchased a car for a significant other (he is not on the title/loan at all). A year later we separated but he continued paying me for the car (while I paid the insurance he could not afford). He has come on hard times another year or 2 later ...
You and your ex have an agreement that you will transfer the title to him and he didn;t have to give you any more money for the car? It sounds like he can't follow through on his part of the agreement. You can get a substitute title and sell the car as the other attorney suggested, but you should probably give him his fair share of the proceeds because of your agreement. Your share is substantially higher than his, but he still could claim a very small interest.See question
We moved into a place about two months ago my roommate and I began to notice little black bugs jumping all around and soon after called the land lord he responded with there were no dogs ever lived in the house that's not allowed but yet we still ...
No. You cannot withhold rent due to the landlord's failure to maintain the property. Send your landlord written notice of what unsuitable conditions you want corrected. Verbal notice is not enough. Get a receipt for your written notice. Priority mail with delivery confirmation costs the same or less than certified mail return receipt requested and you will get proof of when the notice was left in landlord's mailbox. If that fails, you can sue in small claims court, but that will cost you about $180 court costs that you may not get paid back. You could also try an inexpensive flea bomb for now and request he provide regular pest control in the future.See question
I am financing furniture. I initially purchased a couch to make payments on. There was one or two payments left on couch when I purchased new furniture from them. I purchased couch in Jan 2016. I purchased new furniture in July 2016. The company c...
Yes. This is allowed with a few minor limitations on the refinance fees charged, so long as what they are doing is fully disclosed. The lender should have given you, and had you sign, a disclosure which described what they were doing. Unfortunately, most people do not bother to read these disclosures. If your Chapter 7 is still pending you need to immediately amend your schedules to correct the omission of this creditor.See question
I filed a ch 13 5 Dec 1 pro se. Dec 31 one of the unsecured creditors reported late payment to credit agencies. I wasn't late prior to filing bankruptcy. As well, last Friday this same creditor filed a claim in my case and lists more than what my ...
Mr. Kight is correct in all respects. The best way to make objections about the amount this creditor claims, in my opinion, is by filing an objection to the proof of claim, rather than focusing on what they are telling the credit bureau. If your Chapter 13 is not confirmed and is dismissed, those late fees will continue to accrue. Most pro se Chapter 13 cases end up being dismissed. Just take one step at a time. Focus on getting a workable and confirmable Chapter 13 plan, and hire a lawyer if it is necessary to make that happen.See question