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Thomas Richelo

Thomas Richelo’s Answers

1,257 total


  • I bought a fixed upper in Atl, ga. City won't let me install a metal roof.

    The street my home is on has boarded up homrs, tarped roofs etc. They say the neighborhood is historic and metal roofs aren't allowed. But if there were more metal roofs they would preserve the homes better. They bring up home value, save on en...

    Thomas’s Answer

    Have you ever heard the expression, "you can't fight City Hall?" If there is historic zoning in place, my sense is that it would not be worth the effort to fight the battle to get a metal roof. Sure, metal roofs are better, but if the community has decided that it wants a certain uniformity of look, based on historical appearances, then you are going to face strong opposition.

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  • How do I enforce a judgment payment agreement?

    2 months ago I obtained a judgment against someone for a significant amount in Florida and after filing for garnishment of bank and wages the debtor wanted a payment plan to have the garnishment lifted. I agreed to a payment plan. I drafted it up ...

    Thomas’s Answer

    Judgment collection is something many attorneys specialize in because debtors in our system have learned there are ways to fight a creditor even after a judgment is collected. You situation is not unusual, and in fact is a typical place to find yourself at some point. No attorney can answer your question with a short response here because collecting a judgment is like playing chess: There are many options (moves) available to you and many options (counter moves) available to the debtor. Entire books have been written on the subject of your questions. You do have a few specific questions, but they are just the next steps in a process that will involve many steps along the way. So, to go back to the chess analogy, your question is like asking, "what's my next move?" which then will be followed by the whole rest of the game.
    You indicate you've been doing well so far; I take it that means figuring out the system/process and getting to this point. But, if I understand your post, you haven't collected anything yet. You have just gotten to the hard part. I think if the judgment is large you should be consulting with an attorney and even consider turning this matter over to one.

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  • No pets allowed as-per lease. Landlord finds cats and has them thrown outdoors without tenant knowledge or consent. Is it legal?

    Cobb County, Georgia. Tenant is away from home and can't be reached. Landlord enters premises unannounced for random inspection/repairs and discovers cats in the home. "No pets allowed on premises at any time" is stated in lease. Landlord ha...

    Thomas’s Answer

    Who committed animal neglect: the landlord, who enforced a written lease, or the tenant who negligently put a cat in an apartment where it wasn't allowed?

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  • Do I pay the balance in full by Monday (not sure how) or remain a sitting duck? Will they pursue legal action if I resign?

    I incurred $5k of travel related expenses on my corporate Amex card, which is in my name. I received a majority of the reimbursement for the expenses but had a personal emergency occur and used the reimbursement money to pay for it. I had every i...

    Thomas’s Answer

    The minor errors in your mileage reports shouldn't matter. If you have a substantial number of expense reports that are accurate it should show you are an honest person. You may consider discussing the personal emergency you had, if it is legitimate, and then ask for payment terms that you can handle. I agree with Mr. Riddle that you also need to be looking for another job.

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  • Resale of foreclosed house

    I bought a foreclosure with limited warranty dead stating that I can resale the house for fixed price within 90 days. If I transfer the title to another person, does this rule apply to him also? Thanks.

    Thomas’s Answer

    The answer to your question would require a review of the documents that went with your purchase of the property.

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  • How can they charge me interest and fees for something I never signed up for?

    Amex applied pay over time charges without my permission several times. I had to call and have it removed 5 times. Then the balance got high enough I had to pay the all the charges in one month even though I had asked to be removed from that pro...

    Thomas’s Answer

    You don't need a bankruptcy attorney, unless you are going to consider bankruptcy just because of this one debt. It sounds like it's small enough that you should negotiate something and not take out an Amex card again.

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  • So am trying to figure out if they have to tell me their limits but no one sees to be able to answer my question!! Please help.

    My sister was in an accident in Georgia with a car from Nevada and one from Georgia, She was seriously injured. She has been contacted by the insurance companies, but keeps having me talk to me. They want to talk settlement but won't tell me how m...

    Thomas’s Answer

    A lawyer working on your sister's behalf knows how to invoke the statute that requires them reveal the insurance information, usually in the form of a declarations page. That shows limits of coverage. She should get an attorney because she doesn't know what's involved in settling this sort of case.

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  • How do I get an eviction filing off my rental history?

    Im finding it hard to get a new apartment because I have an eviction filing on my rental history from last year. There is no balance owed. I still live on the property but the eviction filing is just as bad as an actual eviction.

    Thomas’s Answer

    It's a fact as to something that happened in the past, so it's not going to go away. You have to continue to look for a landlord to whom this doesn't matter or one who will trust you with a second chance. Eventually as time passes landlords will see that one infraction years ago is of less and less relevance.

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  • Can I represent myself, if so, how or where do I get information on what I need to know or do once I file the papers??

    I have been married for 20 years, with two girls ages 10 & 11, my husband and I are separated currently, we have little to no assets, can i get a divorce without a lawyer?? If so, how do I get information on how and what I need to do or know to re...

    Thomas’s Answer

    I agree with my colleagues that a divorce in these circumstances is way too complicated to try without an attorney. Entire books -- even series of books -- have been written to answer the questions you will face. But like a game of chess, knowing how each piece can move does not make you a skilled player. It takes years of training to be good at it, and you don't have that option.

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  • Can landlords be sued for an illegal lease provision even if they have not and will not try to enforce it?

    We rent one home. Our tenants stopped paying rent after they purchased a new home. We have begun formal dispossessory procedures in accordance with Georgia law. Our tenant (a consumer lawyer) has give us notice that he plans to sue us for substant...

    Thomas’s Answer

    I think this is a case of a lawyer trying to take advantage of your not being a lawyer. Get counsel yourself, and it seems that the upper hand would shift to you right away.

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