I'm filing chapter 7 BKO. I recently found out that a court has put an order of law lien on my dirtbike for criminal restitution. Since an OHV vehicle (dirtbike) is not eligible for an exemption in BKO I'm wondering if the restitution lien will ...
You advised that you will be filing bankruptcy. This question is more appropriately one that your Chapter 7 BK attorney should be answering for you and the implication of a criminal restitution lien on your personal property. If the vehicle is your primary mode of transportation, it still may qualify for an exemption in the Bankruptcy.See question
The contractor initially signed an invoice/contract four $3800. When he found it will take more to finish the project, he sent another quote, which was not discussed initially. When he was refused to pay this additional amount, he stopped the work...
In Indiana, only Plumbing contractors are licensed at the state level. Other cities and municipalities (Indianapolis) may require business licenses for other contracting types. As a general rule, you can file a complaint with the Attorney General's office, consumer complaints division.See question
Both parties are in agreement with a lum sum payment of $4000, I live in Michigan and she lives in joplin, mo.
You can draft up a short agreement whereby both parties agree that the $4,000 payment constitutes an "Accord and Satisfaction" and Settlement of the disputed debt whereby the lesser sum has been agreed to. This can be a short document, signed by both parties, that identifies the original obligation amount, the "Settlement" payment amount, and the fact that both parties agree that the lesser sum constitutes "Payment in Full" of all amounts claimed due or arising out of or related to the underlying transaction or agreement.
I agree with the other counsel that in certain circumstances, the foregiveness of all or a portion of a debt may have tax consequences, but that typically occurs only in instances whereby the original obligation constituted a deductible expense (e.g. a business debt) whereby the obligation was treated as a deductible expense and now that it has been settled for a lesser amount the difference could be treated as income or "recaptured" and thus taxable. Not a common situation in most transactions. Consult your tax adviser if you have further questions on the forgiveness of indebtedness treatment of this transaction.See question
I received a copy of the Gold's gym membership contract I signed. The copy is so poor you cannot read most of it. My signature is on page 1 but not on page 2. Page 2 contains the waiver of liability, fees, rules, and regulations. They attached ...
You can and should go to the Gold's Gym that you signed up at or another to get a better copy of the 2nd page. Write to them, explain the circumstances that you gave to us here and request that they cancel the contract and waive the fees. Send a copy to the collection agency also. Under the FCRA, you are entitled to see a complete copy of the contact that they claim you are liable for. Write to both Gold's Gym and the Collection Agency and demand a copy of the agreement.See question
I was recorded in my kitchen about a law suit involving my old land lord. My wife and I had no idea we were being recorded. The person recording my wife and I was our old neighbor. We live in Arizona and Arizona is a single person consent state. ...
It matters not where you were recorded even through you may have had some reasonable expectation of privacy in your home. As a one party state, so long as the conversation actually involved the old neighbor, he / she was free to record it. that being said, that same person could not have left the phone or device in the room and recorded just your and your wife's conversation while not being present.See question
Fedex shipped our package that had an enclosed bid for a job opening to the wrong zip code. We have proof from the awarding entity that we would have been the low bidder. We have documentation from the awarding entity that they received the packag...
I agree with the other attorney but also wanted to point you to another issue. Fed-Ex, DHL, UPS, etc are all considered to be "Private" Couriers and when submitting on most public works projects, there is a requirement that the bid be actually delivered prior to the deadline for the bid opening. An exception applies the the US Post Office. Mail delivered via the US Post Office can typically be argued as having complied with the "Mailbox Rule" which provides delivery is complete upon posting. in your case, had you sent by US Post Office overnight instead of via Fed-Ex, you could have likely argued that the bid was still timely delivered and should have been considered by the contracting agency.
Practice Pointer - Sometimes I am remiss to say good things about our government but when it comes to important legal documents, the ONLY way to send them is via the US Post Office. Frankly this agency has a near perfect record of timely delivery and their pricing is equal to or better than most private couriers.See question
If I have a home worth 220,000.00 and owe 190,000.00 I know the homestead will protect it up to 150,000.00 in equity from a judgment creditor from selling it, but what if I want to sell it someday, how does it work with a lien against it, do I sti...
I agree with Trevis in part but the analysis is a bit more complex. Clearly the first $150,000 of any equity would be exempt from collection. I am also assuming this is a simple "Judgment Lien" and not an HOA Lien, IRS or Property Tax lien or some other type of "consensual lien" such as a mortgage, deed of trust, or other voluntary lien given in connection with a business transaction.
I am assuming that the property is your principal residence and not some investment property. Only one property is able to be subject to the homestead exemption and the creditor may require that the person designate which property (in the case of multiple) that the exemption is to apply to. If the equity in the home exceeds $150,000, the creditor can force the sale of the property to satisfy the judgment lien, However, the statute prohibits a creditor from taking such action unless the proceeds from the sale would cover the homestead exemption, all liens and encumbrances that have priority and the costs of sale. Thus, in many cases if a person has more than $150,000 of equity in the property, the creditor may still not force the sale of the property
Short Answer - the property cannot in most instances be forcibly sold, and absent equity in excess of $150,000 the judgment lien does not have to be satisfied, however the Judgment Creditor could and likely would simply record the lien against any subsequent property purchased.See question
The person had an oral agreement with a licensed contractor to perform $60,000 of plumbing work (materials and labor) on a new multi million dollar residential spec home. Property is owned by a development company. He was given the plans and told ...
Unfortunately, this is a fairly common situation in Arizona. A.R.S. § 32-1151 makes it illegal to perform contracting in Arizona without a license. A.R.S. § 32-1121(A)(14) provides for a $1,000 exemption limit under the "Handyman Exemption" for a single project. A.R.S. § 33-992.01 requires that for purposes of preserving and perfecting any Mechanic's lien on any residential or commercial property the contracting party timely serve a preliminary 20 day Notice within 20 days of first starting work on the project. A 20 Day Notice may be served late (service is by 1st class mail to the Owner / Reputed Owner, General Contractor, and any other party with whom the company is in direct contract with (as in the case of a sub-subcontractor).
A preliminary notice is also required to be filed to seek recovery on a Contractor's License Bond when the work is performed on a Residential Project which is "Owner Occupied" as that term is defined in A.R.S. § 33-1002.
A.R.S. § 33-981(C) provides that a person/ company required to be licensed but does not hold a valid contracting license is specifically precluded from filing a lien. Similarly A.R.S. § 32-1153 requires proof of licensure as a pre-requisite to any civil action to collect unpaid funds even if no lien has been recorded (e.g. Demanding Arbitration or filing a civil complaint for breach of contract).
Here, the Plumbing Company has NO LEGAL RIGHTS to sue, file a lien, or seek arbitration and in fact can be subject to discipline from the Arizona Registrar of Contractors for violating A.R.S. § 32-1151. The County Attorney also has jurisdiction to file a criminal misdemeanor complaint against the company and the principals for violation of this statute.
Advice to all contractor and specialty contractors doing business in Arizona. Get your license. The Application form is simple and direct. The fees are minimal, the bonding requirements are easy to meet and inexpensive and in the end, the company profitability will only increase. The total cost of getting properly licensed for this plumbing company would have been less than $2,500, taken 6 to 8 weeks, and would have allowed the company to sue the General Contractor for breach of contract and to also sue under the theory of Unjust Enrichment (an alternative legal theory) even if no lien rights existed because of the lack of a valid timely 20 day notice.See question
Would I file a Motion or Declaration to add additional information to a Second Amended Complaint, as long as the Defendant hasn't answered the Second Amended Complaint yet?
Assuming that the time period for filing amended pleadings has not yet expired, file a Notice of Withdrawal of the 2nd Amended Complaint already filed and then an "Amended" 2nd Amended Complaint as a new pleading with the new additional information with the Clerk.See question
Worked since may 2015 . have all evidence written,verbal and witnesses.refuses to pay me.
There is no best way specific however the first place to look is your written contract or subcontract agreement. Many standard form documents such as the AIA Document set have a specific method of delivery identified eg. certified mail, fax or electronic mail. If your contract does not require a specific format, then deliver using three separate methods. E-mail, 1st Class Regular Mail with a "Certificate of Mailing" receipt , and Certified Mail E-Receipt requested (about $5.00). Certified mail requires a signature to pick up. 1st Class mail with a certificate of mailing demonstrates simply that the letter / demand was mailed from the US Post Office to the recipient. Many individuals will refuse to accept or sign for Certified Mail and thus you cannot demonstrate actual delivery and thus the "legal burden" of delivery remains with the sender. Mailing with a Certificate of Mailing demonstrates that the article was appropriately placed with the US Postmaster and delivery is PRESUMED to have occurred. Thus the legal burden of non-delivery shifts to the person avoiding payment. E-mail with the "confirm receipt" feature turned on is also effect to demonstrate "actual delivery" but does not have the legal effect required unless the parties have previously agreed in writing that e-delivery is an acceptable legal form of delivery of such documents. The best answer therefore is ALL THREE METHODS.See question