Archived
Can an HOA lien a property other than the one in the HOA? The property in the HOA has been foreclosed upon. I now own a mobile
Richard's answer
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Answered on October 31, 2012
If they have a civil judgment against you, they can record an Abstract of Judgment, which operates as a lien upon an real property that you have. ...
Archived
Writ of execution
Richard's answer
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Answered on October 31, 2012
You will need to file a motion to vacate the judgment. If you appeared in court and went to trial, the judgment is probably valid. If it is a...
Archived
I bounced a $9,000 business check approx. 3 yrs. ago. I paid approx. $3,000 since then. Can I be criminally prosecuted now?
Richard's answer
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Answered on October 31, 2012
The only crime that I see from the facts that you present is called "extortion." Extortion is when someone threatens criminal prosecution in order...
Archived
Small Claims, Wage Garnishment, Bankruptcy
Richard's answer
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Answered on October 30, 2012
Do not accept legal advise from the attorney for the other side. You may have recourse in the BK court, but there are strict time limits. It is...
Archived
I was sued for not paying credit card account. I agree to send payments but they seem to be going ahead with the lawsuit.
Richard's answer
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Answered on October 30, 2012
You need to be represented by an attorney. Did you file an Answer to the Complaint? Is the November 15 date the trial date, or is it just a...
Archived
Summons for credit card debt ($10,000 plus), same name but not my debt?
Richard's answer
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Answered on October 30, 2012
The best way to solve this problem, and to avoid problems in the future such as a large judgment against you and this account (and all of the other...
Archived
Order to go to small claims court, 2nd party Debt collector is trying to collect on a bank charge off from 2008, is this valid?
Richard's answer
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Answered on October 29, 2012
What do you mean by "trying" to collect in Small Claims Court? Did they really file and serve you? An assignee, i.e., a debt collector, cannot...
Archived
If my debtor hired a "credit cleanup specialist" to take my judgment off his credit score, is it still enforceable?
Richard's answer
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Answered on October 29, 2012
The judgment is valid regardless of what the credit reporting agencies report. As to his putting all of his assets into a corporation, this may...
Archived
I am suing for a promisory note and i wanted to know if i should include the interest in the amount i am suing for or if the
Richard's answer
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Answered on October 29, 2012
Include interest in the prayer of the complaint. You should allege the specific amount because, if the defendant defaults, the court will not...
Archived
Can you appeal a credit card judgement?
Richard's answer
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Answered on October 29, 2012
You cannot successfully appeal on the basis of evidence which was not produced at trial and which is not part of the record on appeal. If you did...
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