I loaned my father appx $34000 dollars in 2010. We signed a contract using his house as collateral. This loan was supposed to be paid in full within six months. However he didn't fulfill the contract and I didn't execute the contract but we orally...
The time period to sue runs upon default (non payment). I would assume (without having conducted any due diligence) that the monthly payment agreement superseded (over rode) the original written agreement. Your dad failed to perform on that agreement last month so you still have time to sue if you must. It sounds like your problems with your dad are more than about money. I would encourage you to have a sit down and try to talk to him face to face and see if there is a way to work through your differences including the payment plan he broke last month. (by the way the time period to sue on a verbal agreement (monthly payment plan) is three years from the date of the breach (non payment)See question
To make a long story short a doctor's office started a line of credit in a co signers name and not the primary. The account ended up going into default and now the co signer is being sued. The supposed breached contract has not been provided by ...
Answer to your first question: the existence of the contract, consent to it and breach of the agreement are necessary proof at a trial. The amount owed must also be proved to determine the amount of the judgment. If the case is in small claims court you'll just have to show up and ask for the necessary proof
If you are in District Court you will have the right to obtain information before a trial. You can ask for proof of the information needed through the courts discovery process.
I believe you have another question that you haven't yet asked. It sounds like you believe that they are seeking more than what is due it sounds like you believe that they are seeking more than what is due.
You should speak with the person who is the beneficiary of your agreement to cosign and have them show you proof of what they paid and what was charged beneficiary of your agreement to cosign and have them show you proof of what they paid and what was charged.
Our company builds decks, pergolas, pavilions, that sort of thing and we signed a contract with a man (who is also an attorney) for a privacy fence/arbor type structure. He drug his feet for weeks trying to decide what they wanted and then FINALL...
No need to panic. Gather up your documents and proof and bring them to court with you. I believe you have 72 hours before the hearing to file a counter claim if you have facts supporting that the homeowner breached your agreement. You have to go to the Clerks office and pay the fee and serve the papers on the homeowner. The small claims affidavit normally states the amount he is suing you for. Show up to court on time and expect that the court will hear all the uncontested cases first. You may be in for a long wait. On the other hand, there may not be much on the docket and the Judge could hear your case fairly quickly. The other side goes first and you will be allowed to state your side next. Don't panic or overreact to the statements of the homeowner. Don't interrupt the homeowner while he is speaking to the Judge. Respond to the Judge and not to the homeowner. Let the judge ask you questions and answer them directly. When its your turn, don't get in a rush to tell your story. Just tell the truth as best you know it. You didn't give enough information to evaluate whether you will win or not. This advice is intended to give you the best shot at presenting your evidence in a way the Court might respond favorably. Our courts are open to everyone. Don't be intimidated. Its your courthouse too. Good luck.See question
I have several clients with mental health challenges that work for a company on a contract that is specifically set up for people with challenges. The new manager is not working well with this population. Specific examples are asking one of them "...
Thank you for bringing this question. Generally, the party to any suit would be the one harmed by the other party (the one who is being sued). Here, the contract would need to be reviewed by an attorney before any decision could be made. Other issues include the capacity of the beneficiary of the contract (clients) to sue or if they need to be assisted by a guardian. Other avenues to address your concern would include a complaint outside the organization to the state or federal entity that is paying for the services to be provided under the contract.See question
A year ago, my ex fiancé and I cosigned on each others vehicles. Well he has decided to stop making payments and is about to lose his car. I, on the other hand, have made all my payments on time and am even paying over my due amount to reduce the ...
you are in a dark place in a legal sense. you have no power and your only way out is to negotiate an arrangement with the lender to get your name off the contract as a co signer. The take away lesson is DONT COSIGN FOR ANYONE EVER NO MATTER WHAT.
its a tough lesson to learn and we can only hope that others will learn from your mistake.
If they say no, you are stuck. Good luck!
In Oklahoma it is hard to find tree removal services that do not require the entire fee up front. I have found one that does payment plans. I did the initial payment/downpayment and they started the job. That was a week ago, they keep putting it o...
Did they agree on when they would complete the work when you made the deal to hire and pay them? If so, that is the answer to your question. If they didn't say when they would do the work, and took your money, you might want to question their business ethics. I would call them and demand the work be completed in 30 days (generally the time period for completion of a small project if there is not a specific time limit agreed to up front) If they don't complete the work, report them to the OK attorney general public protection unit and the BBB, although neither one will represent you in court. You may need to file a small claims suit. Keep on them!!See question
Notice of Default
This is important and you need a lawyer to look over your situation. Without that information, I can say that the Notice of Default is a warning that if the loan is not brought current, then foreclosure proceedings may start.
If you have a signed, agreed and written loan modification that is accepted by the loan servicer and if payments are being made, that would mean the loan is brought current. There are many open issues and you have to be really careful to document everything you do. This includes sending in all documents properly signed and notarized by the correct persons AND keeping postal and other records to PROVE you did your part. You would be surprised at the lame reasons loan servicers sometimes give for denying loans and rushing into foreclosure.
Mortgage was discharged in Ch. 7 Bankruptcy in Nov 2013. Mortgage collection company offered a lieu of foreclosure and sent the documents to me; I sent them to my bankruptcy attorney who advised me to not sign them. They harassed me for days tryi...
If you obtained a discharge order from a US Bankruptcy Court, you don't owe anything on the mortgage. Anyone seeking to collect from you is either engaging in extortion or wrongful collection on a debt that is not owed. If the collector ever sought money from you it would be wrongful.See question
Not our fault, we should not have to pay for their mistakes.
Loan modification cases can be factually intensive disputes. There is a lot more information needed before an answer can be given. Some cases result in substantial justice for borrowers, but each case depends on its own facts. You would be wise to seek out an attorney who has a depth of experience representing borrowers. Best wishes in your search for justice.See question
chapter 7 was discharged, however, service provider was not a legal entity and did not own the home when they filed a pre petition foreclosure. what kind of action can we do stop them from harrassing us?
home mortgage loans in Oklahoma are almost always the subject of judicial foreclosure. When you say "pre petition" foreclosure, I have to assume you mean a letter. If you do not owe the amount being sought, you should tell them every time they call you that no debt is owed. You should mail them a certified letter, return receipt requested, stating that no debt is owed because of the Chapter 7 discharge. Tell them to stop calling and stop collecting on the debt. Keep a copy of the letter and the return receipt. If the wrongful collection continues, seek a reputable attorney. Be wary of paying any up front fees and be sure you are dealing with a licensed Oklahoma attorney with an office in our state. For more see hwh-law.com and check out the pages on wrongful foreclosure. Good luck!See question