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Andrew M Ellis

Andrew Ellis’s Answers

440 total


  • Found default judgement in home state.......never served.

    I recently found I have a default judgement, its in my previous home state. Its for apparently a balance owed on a bad service from 10 yrs ago. Is there anything that can happen to me here, I've lived here for 5 years now. I was never served. I wo...

    Andrew’s Answer

    You should check Illinois law to determine how many years the judgment against you is enforceable. If the judgment is not enforceable, then it cannot be transferred to another state. If it is still enforceable, then you should contact an Illinois attorney, as discussed by previous answers, to determine whether you can get the judgment vacated or set aside.

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  • When you file a pleading with the court, it is required to send the opposing side a conformed copy of what you filed?

    I am being told by different sources that when you file any pleading with the court, that it is NOT required to send the opposing side, self represented/represented, a conformed copy of the document. So my question is, when you file any document,...

    Andrew’s Answer

    Yes, you are required to send the opposing side a copy of what you filed. See Rule 5, Arizona Rules of Civil Procedure.

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  • Moving a judgment from 1 justice court to another...

    Hello. I obtained a judgment in small claims court at a horribly slow justice court. Can I get an abstract of judgment or certified copy of judgment and take it to a faster, more competent justice court and start collection proceedings there?? ...

    Andrew’s Answer

    Obtain a certified copy of the Justice Court judgment and file it, a civil cover sheet (http://www.superiorcourt.maricopa.gov/sscDocs/pdf/cv10fz.pdf), and a $42.00 filing fee with the Maricopa County Superior Court as a TRANSCRIPT JUDGMENT.

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  • Should I respond to a civil summons?

    I received a civil summons from the Arizona superior court. This is the first I have heard from them in 10 years. The summons says for me to respond, i have to drive 4 hours to Phoenix. I have no reliable transportation. They claim I owe them a ce...

    Andrew’s Answer

    You should consult with an attorney in your local area ASAP. Have that attorney explain the documents you received, what those documents mean, and what your options are.

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  • Could Canadian collection agency sue me in US?

    First I'm a Chinese citizen. I was studying in a Canadian high school and graduated form it. However I didn't go to a Canadian university and because of it I have to leave Canada. I rented an apartment and the lease is not over before I leave ...

    Andrew’s Answer

    Yes, a Canadian creditor can sue you in the US. If they file the lawsuit in Canada and obtain a Canadian judgment against you, then it will be worthless because you have no property in Canada. If they sue you in a US court and obtain a US judgment against you, then they could garnish your US wages, US bank accounts, and put the judgment on your credit report.

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  • Need attny who handles claims against city/ courts for denying accommodations for hearing devices

    I had a court hearing and not only did the process server come in with a recording that proves I was unable to hear who he was or what he wanted, I was declined hear amplification devices in court. which is an ada requirement. they had stickers ...

    Andrew’s Answer

    Nicole C. Davis has extensive experience with ADA violations and compliance. She can be reached at (602) 812-7979 or ndavis@baskinrichards.com. http://www.baskinrichards.com/attorneys/nicole-c-davis/

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  • What legal action can i take against a law firm who is still garnishing my paycheck after my debt has been paid in full?

    I had a wage garnishment for a HOA ,was paid in full , have receipt from the law firm,and they still have not put a stop through . Contacted them multiple times ,say it would be 7 to 10 days. going on a month now, they say there is no supervisor, ...

    Andrew’s Answer

    Every time your wages were garnished, you should have received a Nonexempt Earnings Statement from your employer. At least every 90 days, the judgment creditor (in your situation, the HOA) is required to provide you with a Creditor's Garnishment Report, which lists the amounts received from the garnishment and the remaining balance.
    If you believe that you have paid the judgment balance in full, then complete and file with the Court a Request for Hearing on Nonexempt Earnings Statement (http://justicecourts.maricopa.gov/Forms/8150-014_G-RequestHearingEarnStatement.pdf). Attached the last Nonexempt Earnings Statement and state that your wages should no longer be garnished because the debt has been paid in full.

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  • What do I do about an incorrect continuing lien order after filing an answer as the Garnishee?

    We completed an Answer to Garnishee and filed it is a required for a 1099 contractor/vendor. This individual is not owed any money and the last payment was made to him two weeks prior to service. We do not anticipate any payment being made to hi...

    Andrew’s Answer

    An individual who is an independent contractor could have his compensation garnished. That's probably why you received the Order of Continuing Lien. All you have to do is prepare a "non-exempt earnings statement", which is available on-line, and mail it to the judgment creditor. The non-exempt earnings statement should cover the period from the date you were served with the writ of garnishment to date. If it shows that no money was paid or owed to the independent contractor for 60 days or more, then the writ will no longer be in effect.

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  • How many years do you have to wait to file again and can I file the other chapter.

    I have already filed bankruptcy before and am wondering if I can do it again I think it was chapter 7 I didn't make payments to pay anyone back and they were able to stop garnishments.

    Andrew’s Answer

    Individuals can file a chapter 7 bankruptcy case every eight (8) years. If, after consulting with an experienced bankruptcy attorney, you believe that filing a new bankruptcy case is your best option before the 8 years have passed, then you can file a chapter 13 or chapter 11 bankruptcy case. Those chapters also protect you from your creditors, but they require you to make pay back some of the money you owe your creditors.

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  • We have excellent credit and don't want bad credit, how do I deal with this default judgement?

    I had a default judgement against me and my wife for a commercial lease that I entered into through a company that I was a partner at. I never signed a personal guarantee, I was never served. I've lived outside of the united states for 2 years...

    Andrew’s Answer

    I agree with Mr. Allen. You can probably get the default judgment set aside (canceled) with help of an attorney if you were not living in the U.S. when the judgment was entered against you.

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