If a creditor uses any type of coercion in attempt to collect a debt, does the coercion afford the debtor a complete defense?
Barry's answer
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Answered on April 07, 2025
No, but unlawful coercion may provide a basis for affirmative defenses or a countersuit. In 25 years of practice, I have yet to encounter a bona...
In discovery, can a debt buyer Plaintiff ask me why I stopped making payments on an account they allege are theirs now?
Barry's answer
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Answered on April 04, 2025
Yes, it probably falls within the scope of discovery. If you want those documents, you'll need to ask for them in the manner prescribed by...
Lawyer did not want to represent me and had the Judge approve his Motion to Withdraw, Now he is billing me, how should I fight?
Barry's answer
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Answered on April 04, 2025
The fact the court approved your claim of indigency has no effect on whether you owe your attorney his fee. The Clerk is not going to pay his fee,...
I have a debt collection company that filed a suite against me.
Barry's answer
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Answered on April 03, 2025
You have no countersuit on these facts. The fact the law firm has not responded gives you no basis for a dismissal, and your demands are not...
Why would I not receive surplus funds if my house was foreclosed on and bought by the original lender if it sold for more money
Barry's answer
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Answered on April 03, 2025
Here's how the statute works: the house is foreclosed upon and sold. The first people to be paid are the plaintiffs. The second people to be paid...
Can I sue a homeowner for breach of contract?
Barry's answer
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Answered on April 03, 2025
You have the right to sue them for whatever you choose. The question is whether **the attorney whom you retain to handle this matter for you** can...
Is my accountant obligated to provide W2s for a time period when he managed my payroll ?
Barry's answer
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Answered on April 02, 2025
You severed the relationship and he provided you the information you need to do your W2s. He has fulfilled his obligation to you by giving you your...
Breaking a lease 3-4 months early?
Barry's answer
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Answered on April 02, 2025
You have no legal reason to break the house lease. You are now obligated to pay rent for two places. You are what we call in the legal profession,...
Can wages be garnished for the same amount from the applicant and co-applicant?
Barry's answer
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Answered on April 01, 2025
Generally usually normally, each person on the lease is 100% responsible for all obligations under the Lease. It's called "joint and several"...
Questionable traffic ticket
Barry's answer
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Answered on March 31, 2025
The police can run a tag at any time for no articulable reason. Your citation is valid because you had a plate that didn't belong on your car. You...
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