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Paula Brown Sinclair

Paula Sinclair’s Answers

8,996 total


  • Can a person go into a bar while on unsupervised probation

    Birthday tomorrow and we want to take him to the bar for a couple drinks

    Paula’s Answer

    What does the probation order say? No alcohol and avoiding places where alcohol are served are common provisions. Read it.

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  • Do you loose your property if you file for bankruptcy for tax debts?

    I owe Irs lots of taxes and I am not able to pay anymore so if I file bankruptcy in NJ will it save me from tax debt and if so would they take my house?

    Paula’s Answer

    Discharge of tax liability and retention of assets are two very separate issue in bankruptcy. Not all tax obligations are dischargeable, and retention of the house depends on the availability of exemptions to cover any equity in it. Determining the benefits and risks of bankruptcy is a complicated analysis that takes into account a variety of facts. For the assistance needed, consult local experienced bankruptcy counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Listing Creditors Chapter 7 Bankruptcy

    My car is leased and wish to keep it even though I intend to file for bankruptcy. Will I still need to list this creditor on the bankruptcy schedules? If so, will there be a place to indicate that I am still making payments on it and intend to do ...

    Paula’s Answer

    Yes, and yes. But, most respectfully, these questions are so fundamental it is clear that you are over your head. On this public forum the volunteer virtual attorneys can provide nothing more than general information about the law and legal procedure. Relying on this forum for advice in a specific case is unwise, maybe dangerous. Bankruptcy is a complicated procedure full of landmines that bring irrevocable and very unwelcome consequences. Nothing short of representation by local experienced counsel will meet your needs.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can domestic violence affect SSI?

    My son receives SSI, I am the payee in his case because his mother does not have legal status in this country. Earlier this year I was arrested for domestic violence and I was sentenced to probation and DV classes. I received a notification in the...

    Paula’s Answer

    A Representative Payee's criminal record itself does not affect the entitlement of the child to SSI benefits, but Social Security may be concerned about whether there have been changes in the child's living arrangements, income or assets, or whether your DV conviction casts doubt on your ability to function as Representative Payee.

    Best wishes for an outcome your an accept, and please remember to designate a best answer.

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  • I Can be charged with fraud for an unpaid credit card ?

    Someone from a law firm contacted a family member with a number to call, I called asap the man said I'm looking at fraud charges for an unpaid paid balance on a credit card. I asked how it's considered fraud. He said because it was issued through...

    Paula’s Answer

    This description is strongly suspicious for scam. Be assured that: 1) SSI benefits are exempt from execution even if the creditor spent the money to obtain a judgment; 2) with the little income and assets that qualify you for SSI, you are "collection proof;" 3) ordinary use of a credit card is not fraud; and 4) you may have claims against the "law firm" (which likely it wasn't, but the way) under the federal Fair Debt Collection Practices Act (FDCPA). There is no reason to worry (or send money!) until a summons is served. At that point a wise strategy would be to consult with local experienced consumer rights counsel about claims you have against the creditor.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Should I sign custody papers while incarcerated until 2017?

    I have legal custody of my daughter and her father and are not married. I am incarcerated until 2017 and her father is pushing for me to sign papers giving himself full custody. I am afraid I won't get her back when released. Please advise .

    Paula’s Answer

    When the parents of a child are not-- and have never been-- married, the biofather is not the legal father until his paternity is declared by a court. This is true regardless of how many people are 100% sure he is the "real" rather, and regardless of whether his name is on the birth certificate. Until paternity is legally decreed, the mother is the sole legal custodian and any "papers giving himself full custody" may not even be enforceable. A far better strategy would be to create a temporary guardianship in someone you trust. Nothing short of the assistance of experienced family counsel will meet your needs, and you should access that help immediately.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • How can I change a home deed?

    My mom died unexpectedly on June 30th and didn't leave a will. She owned 2 houses that we knew of. Both are paid off. One of them she had the deed and everything is up to date. The other one was my grandmas home. My grandma died over 20 years ago ...

    Paula’s Answer

    My condolences for your loss, and sympathy for having to navigate the legal system at this difficult time.

    Start with a consultation with local experienced probate counsel. One does not just "change a deed" after a the death of the owner. Depending on the size and inventory of your mother's estate, probate may not be a complicated process. Dealing with your grandmother's house will be part of it, and creditors claims will need to be addressed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • I am now divorced. I am 56 and my ex husband is 65. I was a stay home mom most of our marriage. Do I get social security off him

    I am new divorced. I am his 3rd wife. I was married to him the longest. He is currently married again. I am 56 and he is 65. Am I entitled to his social security. I did not work much so I won't be getting good much

    Paula’s Answer

    If your ex-husband is entitled to Social Security, and if you were married at least 10 years, and if you are at least 62 years of age (60 if disabled) and if the Social Security benefit available on your own account is not greater, you can receive benefits on his record. Read more about this entitlement here: https://www.ssa.gov/planners/retire/divspouse.html.

    Best wishes for an outcome you can accept, and pleas remember to designate a best answer.

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