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John Habashy’s Answers

110 total

  • Filing an objection to a POC on the basis that the claim is time-barred under SOL and tolling of the SOL...

    I'll make the facts simple: Debtors filed Chapter 13 in December 2006. Prior to 13, car was repossessed and later sold at auction in September 2006. Chapter 13 was dismissed in April 2009. Debtors filed a new Chapter 13 in August 20...

    John’s Answer

    That is a great question. Are you basing the challenge on the SOL of "breach of written contract".

    This statute will begin once the creditor knew or should have known the contract was breached (I guess the repossession is a good starting point).

    From my experience, there are several ways to challenge POC and they should all be applied (if good faith applies). Also, from my experience, I rarely encounter an opposition from creditors when I file my motions.

    Feel free to call my office; I can provide you a free consultation.

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  • Do i need a sexual harassment lawyer or attoney?

    A fellow student at my technical college spread sexual rumors about me in school and has now created a hostile environment for me which has resulted in many missed days and has slowed my progress in my studies due to absences in order of avoidance...

    John’s Answer

    the case against the "fellow students" is not so strong. A case against the school would be better if you could prove that those in charge knew about the conduct or participated. Of course, each case is different and I would speak with an attorney in person about the issue.

    If you take a defamation approach, you will may have to answer questions about the rumor. There are qualified privileges related to truthful statement. This process can be uncomfortable and stressful.

    At the very least, I would report the incident to your schools' administrators and request a copy of the filed incident report.

    Best of luck in school!!

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  • Proof of service, and serving by email, questions regarding an order signed for summary judgment motion

    If defendants emailed me on Fri Sep 7, the order granting a motion for summary judgment that they just won, do they have to mail it to me? They filed the notice of entry of order, in the court, today Mon. Sep. 10 - it's not viewable yet. Is the ...

    John’s Answer

    The answering attorneys are correct.

    Are you considering an appeal? If you are in debt, you may also want to consider bankruptcy.

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  • Chapter 13. Can I pay off less than 100% of student loan & be liable for nothing on the student loan after the 13 discharge?

    In a Chapter 13 bankruptcy, can I pay off less than 100% of a student loan & be liable for nothing on the student loan after the 13 discharge? What about interest on the student loan? Do I have to pay 100% of accrued interest? Thank you

    John’s Answer

    I've filed law suits against student loan carriers in chapter 7's . If you meet the criteria, you can discharge.

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  • Do I need to report him or are there other options?

    My ex(10yrs ago) used my credit and opened up 4 credit cards under his name. He paid mo payments and one was closed by credit grantor for delinquency. He is willing to pay off whatever he can. I try not to report him . Can I settle a written docum...

    John’s Answer

    get a written agreement ("note") for him to pay you. Include an attorney fees clause and a recital that the funds were used under the "pre-tense of fraud" so he cannot bankruptcy his obligation to his note.

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  • Attorney's Fee Discount

    The court ruled me (defendant) to pay attorney fee of $150,000. However, plaintiff received adjustment of $50,000. Am I resonsible to pay $100,000 or z$150,000

    John’s Answer

    You are responsible for $150k plus the $50k (based on the question).

    Have you thought of bankruptcy? If you qualify, you may be able to get rid of the entire debt.

    call me to schedule a free consultation: 877-529-5090

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  • Are you likely to do time for an assult with a deadly weapon if you don't have a criminal background?

    Being accused of assult with a deadly weapon (bat) but the bat was never used. Have no criminal background.

    John’s Answer

    this is a very serious allegation. I recommend posting under the "criminal" label as well.

    The process used by the DA's office is not uniform science. The prosecutor will consider the facts you stated in mitigating the charges. They will consider a totality of the circumstances in which you were charged.

    If the prosecutor believes you and the evidence supports your stance, you will likely have the charges dismissed.

    Good luck. I suggest seeing a lawyer immediately. Feel free to call me...I schedule free consultations by appointment only. 877-529-5090

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  • Can I file a class action suit against a rental listing agency?

    I used a rental listing agency back in May to find a home. They charged me for the service and quarenteed placement. Every house I was sent to suddenly became unavailable after I looked it. I was also supposed to recieve listings 2xs a week from t...

    John’s Answer

    Sounds like you may have a claim. I'm not sure whether it will qualify as a "class action" because there are several requirements necessary to receive class certification.

    Feel free to send me your contract and we can discuss further. I also provide free consultations on an appointment basis only (phone appointments available).

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  • Ebay has recently been charging a "final value shipping fee". This is skimming; an unfair fee; basis for class action suit?

    Since the shipping costs are not an income or profit, and not under the control of the seller, is it legal for Ebay to charge a fee for shipping? This seems like skimming to me. The have provided no service to justify this charge and are indeed ...

    John’s Answer

    sounds like an interesting case. I'd like to see more documentation/proof.

    Feel free to call me to discuss. Just ask for a phone appointment.

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  • Must I request that a contractor fill out a W-9, or only if I deduct his pay from my LLC's taxes as a business expense?

    Through my LLC, I hire several independent contractors per year, and pay them all over $600 per year, to work on websites that I own. Must I always have them fill out a W-9 form since I pay them over $600 per year, or am I only required to have t...

    John’s Answer

    If the "contractors" are performing work/service for the LLC, then you should issue a w9 to all contractors over $600 a year. This is to benefit of the LLC.

    Where else would you deduct the pay? do you have another entity or are you paying them from your "personal account".

    I suggest keeping good records and track persona expense separately from the LLC's expenses. It would behoove one to maintain formalities and keep separate accounts. You should also try to place your self as a w2 employee of the LLC to avoid future penalties due to mis-characterization.

    I would also recommend speaking to an accountant regarding these issues.

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