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James Charles Shields's Answers (27631)

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Archived

Bankruptcy Trustee - has direct access to homeland security customs declaration i filled out when i entered country from abroad?

James's answer | Answered on August 21, 2014

Agree with colleagues. Trustee has no special access to these records. It is your responsibility to produce documents required as part of BK...

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If I have Power Of Attorney can I represent the individual in court?

James's answer | Answered on August 21, 2014

Depends. Examine the POA. Does it give you authority to represent the person? Note that you cannot practice law without a license. POA may...

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How can I get title to a property transferred to me?

James's answer | Answered on August 20, 2014

Agree with colleagues. Parent's estate must first be probated in Michigan. Once an order is issued from the MI probate court the property can then...

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Can my Dutch mother file a petition for probate in Ca for the inheritance of her deceased brother naturalised as American?

James's answer | Answered on August 20, 2014

Your mother can file competing petition for appointment along with an objection to appointment of your aunt. Court will determine who is best...

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What is the statue on an SBA loan in California? Last payment made was 8 years ago no collect or law suit filed by the SBA.

James's answer | Answered on August 20, 2014

There is no special rule or statute governing collection of SBA debt. Statute depends on a number of factors, including whether a judgment was...

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DEFAULT JUDGMENT and WAGE GARNISHMENT

James's answer | Answered on August 20, 2014

Excellent answers from colleagues. Review the court file to determine what mistakes made on proof of service. Contact attorney and proceed to...

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Is a Judgment from a debt collectable from an IRA?

James's answer | Answered on August 20, 2014

Agree with colleagues. in most cases, an IRA and other private retirement plans are exempt from judgment enforcement in California. However,...

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I have a judgment against a used care dealer. Can I enforce it against its surety bond?

James's answer | Answered on August 20, 2014

Yes. You can make a demand on surety.

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How can I get rid of IRS tax lien after I get the debt discharged in Chapter 7 bankruptcy?

James's answer | Answered on August 20, 2014

Agree with colleagues. Excellent answers have been provided. Distinguish secured from unsecured debt. If lien has been filed, the debt is...

Archived

What can I do to be notified of the progress of a probate court case?

James's answer | Answered on August 19, 2014

Agree with colleagues. Several things you can do. File Request For Special Notice (Form DE 154) and serve Personal Administrator. I also...