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Everything posted by RetiredinVA

  1. Sounds like homework.
  2. Here we go again! An individual and his or her spouse may file a joint bankruptcy petition. All others must file individual petitions. There is a form B121 which is used for the entry of the social security numbers of the debtor and joint debtor, to keep that information confidential. It is only used to identify the debtor and co-debtor. Social security numbers of other parties is not permitted.
  3. Nice to finally mention there was a will leaving you 50% of the house. Since you are part owner of the house you cannot be removed by the daughter. However, she is also an owner and has a right to access to the house. To resolve the situation the will must be subject to probate and the nominated executor qualified to act as such. More than likely you will have to buy out the other owners or the property will have to be sold and the proceeds divided among the owners.
  4. Of course there is a way for you to file for the garnishment. But, this site is not designed to lead individuals throught the process of initiating or proceeding through legal processes. Generally though, you need to reduce your claim to a monetary judgment, domesticate the judgment in the appropriate court where your ex lives, and request the issuance of a garnishment against his wages, bank accounts, or other assets. If you can figure out how to do those things then you can do it yourself. Knowing how to do those things is what an attorney gets paid for.
  5. Don't know how anyone on this discussion site can help. You need to hire local counsel to help you. Do you know where he lives and/or works?
  6. Hard to believe the Board is doing this without a lawyer. But, obviously the Board has to be represented by human beings and the individuals you named are the logical persons to fill that role.
  7. The current status of the house is unclear. In your original post you said you owned the house before the marriage. But you gave the house toyourwife because she was raising your son. Then you say she was ordered to transfer the house and mortgage. To whom was she required to transfer the house and mortgage. Is the title in your ex-wife's name? Who is obligated by the mortgage? How did you determine the equity in the house was $40,000?
  8. That would be a huge mistake. There is no leeway on the requirement to attend the 341 hearing.
  9. The power of attorney expired when the principal died. The rights of a surviving spouse depend on the state in which the property is located, which you have not mentioned.
  10. consult the attorney again. He or she probably knows a lot more about it than anonymous strangers on the internet.
  11. Do nothing. The existing support amount will continue as an obligation until the court that entered the order changes the amount. It is his responsibility to petition the court to reduce the support obligation and that would require him to justify his decision to terminate employment. Of course, if he just stops making payments that is another problem. If that happens you would have to petition the court to enforce the order, which may be difficult or impossible if he leaves the country.
  12. Your Spanish attorney should require what is referred to as an "opinion letter" from a Florida attorney addressing the issues you have discussed. An internet discussion group is not going to provide such assurances. The participants here are anonymous and may or may not be lawyers. Although some of the participants can express their opinion on the issues such opinions may or may not be valid. I respectfully suggest you retain Florida counsel to provide a letter addressing the issues signed by a Florida attorney willing and able to support his or her opinion. A Spanish judge should not be relying on anything you may be able to glean from an internet site. I am not a Florida attorney but I have some concerns about your equating a proxy marriage with a common law marriage. A common law marriage is a marriage without governmental involvement. That is, the parties do not obtain a license from the state and do not file the evidence of the performance of the marriage in the appropriate court. Most states do not recognize common law marriages. A proxy marriage, on the other hand, is a marriage where the necessary license is obtained, the required ceremony is performed and the necessary data if filed in court. However, one or more of the parties doesn't attend and their vows are given by a proxy. A proxy marriage is not the same as a common law marriage. In addition, Florida does recognize common law marriages that are formed in states where such marriages can be legally created. Finally. please do not start new threads related to the same subject.
  13. If it is not your debt the bankruptcy will have no effect on it. Whose debt is it anyway?
  14. If you want an opinion from an attorney you should get out your checkbook and hire one. This is a legal discussion site and the responses given here may or may not be from actual attorneys. One thing is relatively sure: no Colorado attorneys respond here.
  15. Hopefully the original poster got the problem solved in the five and a half year since they posted the question.
  16. Unlikely they would file court proceedings for such a small amount. But, if they refer the debt to a collection agency it may adversely affect your credit.
  17. Here's your sign.
  18. When you pleaded guilty you were admitting all of the facts and elements of the crime were proven or provable. You can't backtrack now. You are out of luck.
  19. The quoted paragraph explicitly and unequivocally applies only while your mother is alive and incapacitated!
  20. Your repost is not the story in short. As suggested previously, if you want people to read and respond to your massive block of text you are going to make an effort to punctuate, capitalize, and separate into paragraphs your overly detailed story. The burden is on you to make your post readable.
  21. Sure your attorney should contest the validity of the warrant and seek to have the evidence found as a result of the warrant surpressed. The exercise will probably be futile since the police only need probable cause to believe you are involved in drug dealing to obtain the warrant. Your response to the text requesting that you sell the person drugs resulted in a return call from you and the caller id may have made the link. It is also possible, maybe even probable, that the person sending the text was a confidential informant.
  22. Hopefully a member conversant with New Jersey child support law will chime in. The general rule, though, is that child support is based on your gross income and the mother's gross income. Your new wife's income is not a factor. There are other factors that may apply in your specfic case, sich as extraordinary medical conditions. Child support is calculated based on a formula in New Jersey and I suggest you google "New Jersey child support calculation" to estimate the amount you will be required to pay. In any event, your tax filing status will have no effect whatsoever.
  23. There is not enough informationin your post to determine whether your mother has a legitimate claim for wrongful termination. Does the company have a practice of firing people because of their age? Is there other reasons why your mother was let go?
  24. I have not found any governing Indiana statutes or law that requires an insurer to disclose the policy limits.The general rule is, in the absence of discovery demands during litigation, the insurer is not required to disclose the policy limits. If you hire an attorney or file a court case you can demand information regarding the policy limits. Without litigation you are not entitled to that information. As you probably know,the minimum coverage is $25,000 personal injury per person and $50,000 total for all injured parties. If the value of your damages actually exceeds the other party's policy limits I would hope you had purchased uninsured/underinsured coverage in an adequate amount.