Archived
I loaned an ex-girlfriend a sum of money. I hold a ring as collateral. She is in default. Can I liquidate w/o notice?
Eric's answer
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Answered on October 26, 2014
The terms of the note will likely control. However, Florida's version of the Uniform Commercial Code requires a party disposing of collateral to...
Archived
Is it legal to include stipulation in a contract saying a customer has to cancel a monthly fee contract in person?
Eric's answer
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Answered on October 24, 2014
Almost anything is negotiable via a contract. This does not sound so egregious that a court wouldn't enforce it.
Archived
A collector was constantly calling my work to collect a debt.
Eric's answer
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Answered on October 24, 2014
Something sounds fishy with this. Debt collectors will do anything to make you pay them. Ultimately if the collector gets a judgment, they could...
Archived
How do I get a debt collection payment hearing after a judgment if the Judge denies my letter request?
Eric's answer
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Answered on October 24, 2014
This is why you never make payment until you have a written agreement in place. The collection attorney can argue with a straight face that he was...
Archived
Quick question on commercial sales contract?
Eric's answer
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Answered on October 23, 2014
It is not an enforceable agreement until both parties have signed. If he signed the counter-offer that he sent back to you, then once you sign it,...
Are contracts that are written in English legally enforceable if the signer only speaks Spanish (or other language)
Eric's answer
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Answered on October 23, 2014
I agree with my colleague. One other factor that often plays into it is whether one party knew the other did not speak English. If they knew that...
How can a judge give a non party a judgment?
Eric's answer
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Answered on October 22, 2014
This is why you need an experienced consumer defense attorney to help you. With an attorney there, I am very confident you would have won the...
Can I reinstate my auto loan after it has been charged off?
Eric's answer
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Answered on October 21, 2014
Your rights and their obligations are likely set out in the purchase contract. Typically, these contracts contain several options where they can...
Archived
Am I liable for an unrequested service?
Eric's answer
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Answered on October 20, 2014
Generally, no you would not be liable. However, there are some cases where an inspection is required by a homeowner's association, your condominium...
Archived
About a repo
Eric's answer
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Answered on October 20, 2014
You should definitely consult with an attorney. Seeing the letter and what it says is very important. Lenders routinely seek deficiency judgments...
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