Archived
Can my landlord legally be allowed to live in the same rental house that I'm renting until they go through the eviction process?
Jeffrey's answer
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Answered on June 29, 2016
The landlord has breached the lease. You are entitled to have quiet enjoyment of the entire premises. If you are on a month-to-month lease you...
Archived
Can I retain an attorney and remain a civil indigent?
Jeffrey's answer
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Answered on June 29, 2016
The clerk makes the indigancy status based upon assets, income and living expenses. Your having an attorney is not a factor. I have had clients...
Archived
How would I list my minor children that are not my dependents for tax purposes on ch. 7 bankruptcy forms?
Jeffrey's answer
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Answered on June 29, 2016
Your lawyer is correct--all household income must be reported. Including child support. You yourself indicated that you use a portion of the...
Archived
What is proper notice period to given to tenant in event of non-renewal of lease?
Jeffrey's answer
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Answered on June 28, 2016
There is no law such as you describe. The statute does not require 60 days to give notice if there is an intention not to renew--it limits the...
Archived
How are statutory interest on judgments calculated in Florida?
Jeffrey's answer
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Answered on June 28, 2016
Mark Tischhauser is correct--it used to be easy. It if was entered in year X the rate was Y until the judgment was satisfied.
But what the...
Archived
A debt collector is contacting friends/family & disclosing debts & dollar amounts. They say they can since I'm a sole proprietor
Jeffrey's answer
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Answered on June 28, 2016
The issue is what type of loan is involved. If for primarily personal, household or family purpose, then it is a consumer debt and the FDCPA...
Archived
Can I use a RULE 1.150 motion to strike another motion
Jeffrey's answer
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Answered on June 28, 2016
Motions are not directed to other motions. Motions are not "stricken". They are heard and argued against.
Pleadings can be stricken. A Motion...
Archived
Did this lawyer violate his or her ethics?
Jeffrey's answer
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Answered on June 28, 2016
An attorney is entitled to rely on the representations made by the attorney's client. Due diligence does not require an attorney to make an...
Archived
What interest can I charge for a small claims debt?
Jeffrey's answer
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Answered on June 27, 2016
Most likely the pre-judgment will be 4.75% from when you paid the vet bill until 3/31/16, and 4.78% since then, with post-judgment interest at...
Archived
Does the Federal Fair Debt Collection Practices Act apply when debtor and collector are both in same state?
Jeffrey's answer
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Answered on June 27, 2016
Because the FDCPA is a Federal law, violations can be heard in both Illinois Federal and State Courts.
As Mr. Edelman points out, there is also...