Archived
11 yrs ago filed Chapter 7 and never reaffirmed mortgage. Continued to make payments. Now listed on my credit report. Incorrect?
David's answer
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Answered on April 09, 2014
I agree with all these folks, but I would consult the lawyer who handled your 11--in all likelihood you can recover sanctions. That will also...
Archived
How do I get return of monies held in trust account that we paid to attorney on judgement overturned by Indiana Court of Appeal
David's answer
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Answered on April 07, 2014
Ask for it.
If the lawyer doesn't return it, have your lawyer file a motion in the trial court for order requiring return.
Archived
On my paper work it says I have an Omnibus hearing but there was no specific time set. What should I do?
David's answer
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Answered on April 06, 2014
This sounds like a docket call. Check with the clerk of the court where your action is filed for an explanation. These hearings may be set by...
Archived
What's a fair price for a chapter 7 and a chapter 13 including filing fees?
David's answer
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Answered on April 06, 2014
Fee structure varies district to district as pointed out by the colleagues who have commented herein.
For instance, here in the Northern...
Archived
In an Appeals Court when the initial brief is filed and there is no reply and its been over 3 months waiting
David's answer
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Answered on April 06, 2014
Being from Jacksonville, you are dealing with the First District Court of Appeal in Tallahassee. That court has the heaviest case load of all the...
Archived
How many days do you have to respond to Request for Updated Disclosure?
David's answer
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Answered on April 06, 2014
The rules are the same throughout the State of Florida. Dade county has no special rules affecting answer dates.
You have a reasonable time to...
As a defendant, can I sue plaintiff's attorney for not doing due diligence for correct info before filing a frivolous lawsuit?
David's answer
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Answered on April 06, 2014
You can sue anyone! Is it going to fly--that depends on the facts and the law
Your representation of the facts is sparse. Do you own the...
Archived
Can I file a Lender Liability Suit for wrongful following of a Ch 11 agreed court ordered plan?
David's answer
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Answered on April 05, 2014
Each of these lawyers have given you explicit and correct advice. I would go to myh Chapter 11 lawyer and explain what has happened. He can the...
Archived
What is the likelihood of receiving payment on a judgement for money damages(unpaid rent, attorney and court fees) from tenants?
David's answer
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Answered on April 05, 2014
I would certainly consider seriously reducing the amount owed to money judgment by finishing up the law suit. Then record a certified copy of the...
Selected as the best answer
Archived
Can the HOA garnish rent? How do we avoid it?
David's answer
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Answered on April 05, 2014
Collection of past due home owner's dues are a creature of local statute. What is allowed here in Florida may be completely different from what is...
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