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Robert Constantine Fafatas

Robert Fafatas’s Answers

28 total

  • Do I really need to show

    I am being sued for a credit card debt. Do I really need to show up for court. Will I be arrested for not being there?

    Robert’s Answer

    The company bringing the suit will win by default, meaning everything it alleges in its petition will be deemed true, if the defendant failed to file an answer denying the allegations and fails to appear.

    The company bringing the suit will get a judgment for the amount they claim is owed, and can then seek to enforce the judgment through various ways to recover the money. Further, a judgment can be filed as a lien against property the defendant owns or will own in the future.

    With credit card suits, often times there are many deficiencies in the pleadings and in the proof that, if contested, can defeat the lawsuit. Also, some credit card suits are brought by collection companies that obtain the debt long after the card is defaulted, and the suit is filed after the legal deadline to do so. None of these challenges can be made if a defendant fails to answer or appear.

    You should consult with an attorney about the allegations made and your defenses. You should also consult with an attorney about your deadlines to respond and other options you may have, including counterclaims against the credit card company.

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  • 2 year old divorce with no special warranty deed and trying to sell the property.

    I got divorced 2 years ago, the house was awarded to me and I paid my ex 5000.00. I re-financed the home after the divorce and removed her from the mortage. I am in the process of selling the property and the title co is asking me for proof that I...

    Robert’s Answer

    Your Divorce Decree may/should contain a provision that requires the parties to execute all forms and paperwork relating to the property division. This would require her to sign the special warranty deed if such was ordered in the decree.

    If you were awarded the home at the time of the divorce but simply failed to have an executed Special Warranty Deed, she should not be able to claim any interest in the home since the date of the divorce.

    If you and your ex were both represented at the divorce, you should consider speaking with your attorney about this and seeing whether he or she can get the Special Warranty Deed executed for you.

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  • Breach of contract/broken lease

    recently i moved out of a 1 bedroom apartment i lived in for 11 months. there was an 11 month lease which i completed, and i informed the office once by phone (40 days before the lease ended) and once by written letter (about a week before it ende...

    Robert’s Answer

    The language of your lease will determine whether you broke the lease. The lease language should include a provision regarding the required notice and when and how it should be given.

    You should have an attorney review the lease. If the landlord has breached the contract, or wrongfully withheld deposit/security, you may have a claim against your landlord.

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  • Do we have to visit an atty to draw up a power of attorney?

    My deceased mother is still listed as Power of Attorney for my dad. We'd like to get that changed to me and are looking for the best way to do that. Are there any online forms that we can download to do this ourselves or is it better to visit an...

    Robert’s Answer

    There are generic forms available. However, depending on your father's capacity and needs, it would be much better to consult with an attorney. First, you want to make sure the power of attorney does what you need it to. Second, youay need more than a power of attorney to adequately take care of your father.

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  • How do I get a Letter of Adminstation for my deceased son's banking accounts?

    My son died in an auto accident in 11/2006, w/o a will. He has several bank accts., checking, savings, CD, and a Secured Visa. I would like to consolidate his accounts to the CD for his daughter (divorced)when she comes of age. I live in Montana, ...

    Robert’s Answer

    Your daughter-in-law can file an Application to Determine Heriship and for Administration, to establish the heirs to your son's estate (his spouse and daughter). This will allow your daughter-in-law to obtain Letters of Administration to take to the bank, etc.

    Depending on the estate of your son (real estate owned, debts owed, etc.) there may be other ways to settle the estate and/or obtain access to the funds at the financial institutions.

    Your daughter-in-law should consult with a probate attorney here to determine specifically what her options are.

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  • Can the apt make me pay another month rent if my lease ended & I only gave 45 days & not 60 because I purchased a house?

    My lease at my last appartment expired at the end of last September and I was planning on purchasing a house. According to my lease I had to give 60 days notice of moving out but since I didn't know if I would get the house and still have 60 days...

    Robert’s Answer

    I can't tell from your question whether you were still under your signed lease at the time or were renting on a month to month basis. Your lease will govern whether you are obligated to pay the extra month. In addition, the Texas Property Code has provisions regarding month to month leases.

    The collection agency and their activities are a separate issue in that there are rules regulating their activities, even when the debt is legitimate and owed.

    As a practical matter, it may be possible (if you in fact owe the money) to simply work out a payment agreement with your previous landlord. That could stop the collection activities, preserve your credit and hopefully keep your former landlord as a positive reference in the future.

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  • Paying for a rat infestation

    About 4 days after we moved in we found a wasps. We have a 5 month old baby so this was a huge issue!. We called and they can out the next day. About three months later we found more. So we called again and when they came out the told us we had ra...

    Robert’s Answer

    Your lease should specify which party (you, the landlord or the association) is responsible for pest removal. If your landlord and/or the association is responsible, and they have not cured the problem, you may be able to claim the condo is uninhabitable, and therefore provide you an excuse to break the lease and find someplace else to live.

    However, determining whether the condo is actually uninhabitable will depend on several factors and would typically need to rise to the level where health and safety issues prevent it from being inhabited.

    The holes (caused by the rats?) should also be addressed in your lease. Depending on the cause of the holes, their location, size and what problems they are causing, could also be a possible cause of the condo being uninhabitable.

    In general, your lease will contain the language covering the various responsibilities and your rights. The Texas Property Code also provides certain rights and responsibilities for landlords and tenants.

    An attorney can review your lease and address these issues specifically with you.

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  • Child support question

    my wife and I have been paying child support for her daughter who recently turned 18 - she is graduating in May of this year - will our child support stop at that time? hre ex husband continues to think we will have to pay till she graduates colle...

    Robert’s Answer

    Typically, child support orders provide that the obligations continue until the child turns 18 or graduates from high school, whichever is later. The specific language of the divorce decree/child support order will control the child support obligations so you should consider having an attorney review it in order to give you a definitive answer.

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