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  2. This is a case in SCC in BC. I'm the defendant, prone to epileptic seizures under stress. I suffered two grand mal seizures on the date of a settlement conference already, one at the outset of the event. The plaintiffs brought the case where they live. which is a whole day's travel from my end of the province and would take me away from my medical support network.
  3. He'd be a fool to sign away ownership and still be obligated on the loan. Have you already bought the house?
  4. Yesterday
  5. Yes, we are both listed on the mortgage and deed. I'm considering changing the title and/or doing a quit claim deed. However, if we don't divorce and I die (of natural causes!) I'm fine with him having the house. I'm not sure if he wasn't on the title, if he could have the house, if I pass away. I have consulted with an attorney. For my situation and circumstances, I need to keep this as simple as possible.
  6. A three year old wandering the streets at night. The officer had every right to behave like that to you, and worse, he could have put you in handcuffs and hauled you away after turning the three year old over to child protective services. If you do get charged and you manage to convince a judge that somebody else left the child unattended, it's THAT person that should be locked up and lose custody of the child.
  7. Are both your names going to be on the mortgage and on the deed?
  8. Let me get this straight. You want to create a document that you hope will be binding in a situation in which you and your husband are adverse to each other but you don't want to involve a legal professional? That makes about as much sense as saying that you want to drive your car on a cross country trip in which you intend to drive through deserts and snow and floods and swamps but you don't want to have your car looked at ahead of time by a mechanic. Indeed. Simple is great until you want to try and enforce something. I'm sure you can find tons of post-nuptial agreements online by conducting a simple google search. Assuming you haven't figured it out by this point, you would be beyond foolish not to at least consult with a local family law attorney.
  9. The Police was told that he was ,ore or less who cares, He was very rude and a bit of a bully and acted like he was GOD and not a officer of the law. He would not listen to what I had to say and he was going to also charge my girlfriend who doesn't even live in the house
  10. https://statelaws.findlaw.com/minnesota-law/minnesota-marital-property-laws.html It isn't going to be that easy because you are simply making a down payment on the house. Assuming that he will be putting a dime into it he would be stupid to sign such a document. And getting one that would hold up in court a decade down the road isn't going to be a form you can use. You would both need legal counsel preferably separate legal counsel.
  11. Hello~ In the past year, I have received money, which was inherited. It was all placed into a bank account which only has my name on it. My husband and I are purchasing a new home. I am using my inheritance for the down payment. I am not planning on getting a divorce. However, I would like my husband to sign a document saying if we do divorce, the house would be mine, and he would not have a claim to it. He has verbally agreed to this arrangement, but I would like it in writing too. However, I would rather not get an attorney involved. My life would be much easier if it could be a very simple form we can both sign. Could someone please direct me to a form I could use? Thank you!
  12. RetiredinVA

    owi - iowa

    The obligation to submit to the urine test is not directly related to the charges. As a condition of acquiring the privilege of driving you agreed to take a test and agreed to give up your license if you refused. The suspension of your right to drive is administrative and not criminal.
  13. It doesn't matter whether the loan is listed on the schedules or not. If the creditor was aware of the debt and if the omission of the debt does not cause injury to the creditors, it is discharged.
  14. Enjoy. https://texaslawhelp.org/file/210/download?token=ePJxgePE
  15. You didn't answer most of the questions I asked, so that doesn't help. That your boyfriend's name is not on the birth certificate does not, by itself, establish paternity. However, it is often the case that, when a child is born to an unmarried woman, the authorities won't put anyone's name on the birth certificate as the father unless both the mother and father sign acknowledgments of paternity. Rather obviously, dropping off a child with another responsible adult for three days is not abandonment. I strongly suggest your boyfriend consult with a local family law attorney. Anonymous strangers on the internet cannot provide your boyfriend with a reliable opinion about whether or not he can "legally go get his daughter."
  16. Yes. If the debt owed to you was not on her schedules, then you can sue her once the bankruptcy case is over. However, she can go back and add it, so the effect will be the same. Needless to say, this subject is far more complex than can be covered completely in a message board post, so you should consult with a local attorney.
  17. I fired my attorney. He has sent a motion to withdraw, do I have to send anything to the court if I am going to handle it myself {pro se}
  18. Simply signing the birth certificate and the back of the birth certificate does not establish make him the legal father. He is going to need to go to court. https://www.msbar.org/for-the-public/consumer-information/determining-paternity/
  19. The state is Mississippi, she was born there, they lived together as a family there, and child and father are still in the state of Mississippi, she just up and left three days ago and went to Texas to live! Yes he is on the birth certificate and my question is has that established paternity? Or allow him to go get his daughter she is 10 months old!
  20. She did not include my loan or the home equity loan in her original bankruptcy filing. All the creditors were notified already. Can she add on to it later? She still owed paperwork (tax returns that she filed an extension and a w-2 or 1099 of another job she never claimed as income)
  21. Has the bankruptcy court issued a discharge, or is the case still pending? If she filed under Chapter 7, she has very likely been discharged by now unless one or more creditors objected. As long as her bankruptcy is pending, you can't legally take any action to recover the money. Have you filed a proof of claim in the bankruptcy? The divorce is irrelevant. I'm not sure what "throw this into the bankruptcy" might mean. Did she list the debt to you in her bankruptcy schedules? Whether she can "force" your son to do anything is a question of fact about which we have no relevant information. A divorce settlement would be a voluntary agreement between your son and daughter-in-law. Yes. Until and unless the bankruptcy is dismissed (not discharged), there is no point in spending money on a lawyer. If she receives a discharge, then the debt will not be recoverable (unless you can make an argument that it was a marital debt for which your son should be liable).
  22. I'm assuming that you loaned the money as a personal loan to your daughter-in-law (and not, say, as a loan to a corporation or other business entity that she owned). I'm also assuming that the bankruptcy that was filed in Nov 2018 was her personal bankruptcy. I'm also assuming that while the loan agreement was in writing, you didn't formally take a security interest in any property -- that it was just in effect a signature loan. On that basis, you need to consult with a bankruptcy attorney ASAP. You are a creditor in her bankruptcy case, and will be paid, if at all, out of the bankruptcy estate. To that end, you need to timely file a proof of claim, and otherwise monitor the case to determine whether you'll be paid anything and, if so, how much.
  23. Has your boyfriend's paternity ever been established? If so, how was it established? Note that "his name is on the birth certificate" does not answer this question, but it's possible that acknowledgments of paternity were signed in order to get his name on the birth certificate. In what state is the child presently located? Your post is tagged with Mississippi, but your post seems to imply that the child is in a state other than where your boyfriend now lives. How old is the child? How long has the child been at the "unknown location"? Regardless of any legalities, if the child is in an "unknown location," how could he possibly "go get his daughter"? How is it that your boyfriend knows what has happened? What does "file abandonment charges on mother" mean? Are you implying that a parent who leaves his/her child in the care of another responsible adult, without anything more, has automatically abandoned the child? Regardless of how you answer these questions, your boyfriend certainly is free to file papers with the appropriate court to try and obtain custody.
  24. The statute of limitations for a lawsuit in MA based on contract is 6 years. You are still within the time limit. However, if she already filed bankruptcy and listed your debt then you are screwed and will never see a penny of it. Set up an account on PACER: https://www.pacer.gov/ You can look up her name to see if a bankruptcy has already been filed. If it has, you can search for the forms that she filed to see if the debt is listed. If no bankruptcy has been filed you are free to sue her. Any business or contracts attorney can handle it. Be prepared to pay $300 to $400 per hour with a retainer of several thousand dollars. The lawsuit is likely to precipitate the bankruptcy and chances are that you'll be kissing the money goodbye. You've just learned the hard way that lending money to relatives is always a bad idea.
  25. My soon to be ex-daughter-in-law borrowed $35,000 in 2016 to start up a gymnastics business and agreed (in writing) to pay it back in 4-6 weeks when her home equity loan went through. She could not pay it back as agreed and long story short, the business failed and she filed for bankruptcy and divorce in Nov/2018. She told me that the place she moved/sold her gym to, as part of her contract, (which she has yet to provide me a copy as requested) agreed to pay her a salary plus the cost of the home equity loan and the $35,000 she owed me . Her pending divorce is a result of her new personal relationship with the owner of said gym. After many months of calls, texts and email, her last communication with me regarding the repayment of the loan was that "her lawyer advised her to finalize the divorce and bankruptcy before moving forward with this repayment." I have an agreement to repay in writing and only text messages and a couple emails of conversations after the initial loan. What are my options and do I wait for the divorce and bankruptcy before I do anything legally? Can she throw this into the bankruptcy or force my son to partially repay as part of a divorce settlement? He fully owned the house years before he met her and her name was not on the equity loan. Is there a statue of limitations on collecting this debt? What type of lawyer should I use?
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