Questions answered by James Cottrell Graulich III

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If a car dealership finances a new car with a cosigner and cosigner says to dealer to take back car, can they take the car back

James's answer | Answered on April 08, 2013

Normally, if you finance a brand new car the dealer is not going to take the car back even if your co-signer wants them to. The car dealer is not...

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Can I motion Court for dismissal of credit card lawsuit for lack of prosecution after 5 months? if not now, when can I do so?

James's answer | Answered on April 08, 2013

I agree with Mr. Castagliuolo. I wouldn't do anything. It is not that uncommon to answer a credit card lawsuit complaint not to hear anything...

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Can either the Plaintiff or the Defendant seek a motion for Judgment on the Pleadings?

James's answer | Answered on April 08, 2013

Either party can motion for Judgment on the Pleadings. This is something that is done early on in a case. Normally, it would be a motion after...

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Are interim attorney fees the same as temporary attorney fees?

James's answer | Answered on April 08, 2013

Most likely, but much more information is needed to answer you question.

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I had taken out a few payday loans. I got behind on the payments. So i got them all consolidated into one payment.

James's answer | Answered on April 08, 2013

You definitely don't have to worry about going to jail. For outstanding debts, you only can be sued in civil court. A creditor calling you and...

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Can I own a firearm?

James's answer | Answered on April 08, 2013

The answer is "No" if you were convicted of a felony and have not had your civil rights restored. However, to be sure I would have to see your...

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Can my account be levied if I lost a court case regarding a credit card payment

James's answer | Answered on April 05, 2013

Definitely, unless there is an exemption under law to protect you. The link below from the Florida Bar should help explain exemptions available to...

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What are the chances of a father obtaining full custody in the state of FL? At a re-evaluation case request?

James's answer | Answered on April 05, 2013

I agree with the other attorney as you are unlikely to get full custody as it only happens if the other parent is a danger to the child. However,...

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In a foreclosure case..should your attorney have notes or docs proving he negotiated a mod or mediation for you?

James's answer | Answered on April 04, 2013

It sounds like you hired the attorney to work on a loan modification for you. In reality, applying for a loan modification is submitting documents...

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An article written by an attorney here on Avvo states that mortgages assigned by MERS cannot be foreclosed on. Is this true?

James's answer | Answered on April 04, 2013

I agree with the other attorneys. Probably, not going to fly in Florida. I have heard and seen argument made, but not successfully. Honestly, in...

James Cottrell Graulich III's Answers (54)

If a car dealership finances a new car with a cosigner and cosigner says to dealer to take back car, can they take the car back

Can I motion Court for dismissal of credit card lawsuit for lack of prosecution after 5 months? if not now, when can I do so?

Can either the Plaintiff or the Defendant seek a motion for Judgment on the Pleadings?

Are interim attorney fees the same as temporary attorney fees?

I had taken out a few payday loans. I got behind on the payments. So i got them all consolidated into one payment.

Can I own a firearm?

Can my account be levied if I lost a court case regarding a credit card payment

What are the chances of a father obtaining full custody in the state of FL? At a re-evaluation case request?

In a foreclosure case..should your attorney have notes or docs proving he negotiated a mod or mediation for you?

An article written by an attorney here on Avvo states that mortgages assigned by MERS cannot be foreclosed on. Is this true?