Archived
Can a defendant in a small claims case be granted a dismissal when proof of libel is presented in court?
Paula's answer
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Answered on September 17, 2014
Libel is not a valid affirmative defense to a contract claim, and dismissal is an unreasonable expectation. It could well be a valid counterclaim. ...
Archived
Can I go to jail for a unpaid payday loan?
Paula's answer
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Answered on September 16, 2014
Your description is strongly suspicious for scam. Payday loan extortion is far too common. Be assured that no creditor or collector has the legal...
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Archived
What can we do to prevent the father (who abandoned the baby before birth) from entering the babies life later.
Paula's answer
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Answered on September 16, 2014
As a general rule, the mother of a baby born out of wedlock has be default sole legal and sole physical custody. The bio-father is a legal...
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Archived
How do I get a divorce for my mother-in-law if her husband will not return calls? He left no forwarding address or contact info.
Paula's answer
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Answered on September 16, 2014
Retaining experienced family law counsel would be a helpful start. Under the circumstances described, notice to a respondent of a pending divorce...
Archived
Can I collect my ex-husbands full social security if he passes away?
Paula's answer
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Answered on September 16, 2014
A surviving divorced spouse having been married to the decedent for 10 years or more is entitled to the same benefit as the decedent's widow(er). ...
Archived
My Brother loaned me money in the form of a check to buy a home. How should I fill out taxes for this? I am over 65 and on SS.
Paula's answer
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Answered on September 16, 2014
Loan proceeds are not taxable as income. A capital gains tax may be due on the sale of the other home, but the first $250,000 in gain is excluded...
Archived
When my brother died, his spouse had preceded him and they had no children; no siblings, except me and one nephew. does he get
Paula's answer
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Answered on September 16, 2014
My condolences on your loss. In the absence of a last will and testament, the state's laws of intestate succession will apply, and if Oklahoma is...
Archived
Can I bankrupt on repayment of Ltd benefits from hartford
Paula's answer
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Answered on September 16, 2014
As a general rule, overpayment claims by insurance companies are dischargeable as unsecured debt. Before committing to that "solution," however, a...
Archived
I am on medicaid. My mother is leaving me the house in her will, it is paid off. Will this be a problem?
Paula's answer
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Answered on September 14, 2014
As a general rule, the house a Medicaid beneficiary lives in is a "non-countable resource" under federal regulations. Even if it is countable...
Archived
I was receiving Social Security Disability $1400 a month for at least ten years and now they are giving me SSI
Paula's answer
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Answered on September 14, 2014
If you are still receiving disability benefits, but not through the Social Security program, it suggests that you have been found to be ineligible...
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