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adjusterjack

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adjusterjack last won the day on March 24

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  1. You really have to stop asking "what if" questions. There is no way anybody can answer them without knowing the terms and conditions of the condo documents. And if those terms and conditions make things too complicated then just sell the condo and live elsewhere, perhaps buy a small home where there is no association controlling your lives and you can do whatever you want with your property.
  2. The only tactic that stops a lawsuit is paying. If you are going to pay then it doesn't make sense to pay a lawyer as well, since the creditor is willing to take a payment plan. If you want to go ahead with the payment plan, understand that the agreement starts a new SOL so if you default on it it's 5 years all over again. Make sure you get the agreement in writing, locking in the balance and the terms, signed by somebody in authority at the creditor, and keep careful records of payments.
  3. 1 - BofA had no obligation to tell you it sold the debt. 2 - Validation under the FDCPA is not what you think it is. What the collection agency sent you qualifies. 3 - The creditor doesn't have to "prove" anything until it gets you into court. Until then it (like the Spanish Inquisition) relies on fear and surprise. 4 - A lawyer will cost you thousands so it's a bit premature to hire one. All that being said, let me ask you something. You wrote that your trouble started 5 years ago. When, exactly, did you default on the BofA credit card (month and year). If you aren't sure, just provide the date of the last payment you made on the card before you defaulted. The reason I'm asking is that the Florida statute of limitations for a lawsuit based on a written contract is 5 years per 95.11(2)(b) and 4 years on a non-written contract per 95.11(3)(k). http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html Don't do anything hasty.
  4. Those two entities have been at each other since 1984 according to the case decision that summarizes the history: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07147/418541/44/ There are several other cases that involve the Polo Ralph Lauren Corporation. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=polo+ralph+lauren+corp&oq=polo You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market? Figure out another way of naming your brand rather than a risky infringement.
  5. See the responses you got at: https://www.expertlaw.com/forums/showthread.php?t=241578 You are likely to get similar answers no matter how many sites you post on.
  6. I think what happened is that somebody posted spam or another topic, cbg reported it, got it removed but her comment remained. It wasn't addressed to you. At any rate, as long as you are here, how did it go with the attorney since last August?
  7. Where there is a conflict between the condo ass'n rules and the statute the statute wins. However, the ass'n rules can require anything that is not prohibited by statute. Using your situation as an example, if the condo rules say the ass'n has first right of refusal in the sale of your condo and the statute doesn't say that the ass'n can't have first right of refusal, then it's legal for the condo ass'n to have first right of refusal. There are several resources in the following search results that mention Florida condo first right of refusal. https://duckduckgo.com/?q=florida+condo+cc%26rs+first+right+of+refusal&t=h_&ia=web Might help you understand once you get the rules. The rules, by the way, are called CC&Rs (Covenants, Conditions, and Restrictions), which may also be accompanied by a set of By-Laws. The Florida Condominium Act is at: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718ContentsIndex.html&StatuteYear=2018&Title=->2018->Chapter 718
  8. Then put this whole thing on hold until you get those documents and get a copy to your lawyer. Your lawyer's "experience" means nothing without a thorough study of the documents.
  9. The title of this thread is how to search for a will. Here's how. Register on the court's website and you can then run a name search to see if a probate file comes up: https://apps.occourts.org/Account/Register
  10. You've heard the old saying "What's wrong with this picture"? Eisenhower became a 5 star general on Dec 20, 1944. Your father was born 1939. That makes him 5 years old in 1944. He certainly missed serving in WWII. Eisenhower resigned his commission in 1952 when he became President of the US. Your father would have been 13. Assuming he's about 20 in the photo, that would be about 1959. I don't think Eisenhower would have been able to wear the uniform during his presidency. His commission was reactivated in 1960 when his presidency was over and he resumed being a 5 star general. Your father is wearing a PFC (Private First Class) stripe. Conscription was minimal in the late 1950s and draftees went in for two years. If your father was Ex-GI when you were born that puts his service between 1958-1960 (just a guess). Another guess is that a GI could make PFC in 6 months after being inducted. (I got mine in Jan 1967 after 6 months.) What makes you sure that it's Eisenhower in the photo? I can't see his face fully enough to recognize him nor can I make out how many stars he is wearing. Looks like maybe 3. It's highly unlikely that Eisenhower was touring bases in uniform while President. I don't know what else to tell you. I've given you some suggestions.
  11. So it's too late for your grandmother to update her will. You are going to have to have the will and your parents' divorce decree reviewed by a probate attorney. Here's why. Colorado statute 15-11-802, in part: https://law.justia.com/codes/colorado/2017/title-15/colorado-probate-code/article-11/part-8/section-15-11-802/ In the Matter of the Estate of Hutchins the Colorado Court of Appeals denied a divorced woman an elective share of her former husband's estate because her divorce decree was "an order purporting to terminate all marital property rights" so she was not a "surviving spouse" per the statute. https://scholar.google.com/scholar_case?case=298270641257195004&q=15-11-802&hl=en&as_sdt=4,6 However, what complicates your issue is that your mother is mentioned by name, albeit with the designation "wife" (assuming you are quoting the will word for word). Christensen v. Sabad involves the beneficiary of a life insurance policy who was divorced from the decedent at the time of his death. The Colorado Supreme Court found 3 things that I think might bear on your issue. 1 - That particular property division agreement did not extinguish her expectancy as beneficiary. Whether your mother's decree does that has yet to be determined. 2 - "Section 15-11-802 in no way limits a testator's authority to bequeath property to a person by name, whether that person is a former spouse or not. " 3 - I think this is the most important of the 3. "The term "wife" following identification by a given name does not bar a former spouse from receiving insurance proceeds." https://scholar.google.com/scholar_case?case=4404860725986706044&q=15-11-802&hl=en&as_sdt=4,6 I believe that #3 would allow your mother to claim her share of the inheritance unless her divorce decree specified otherwise. But I am not a Colorado probate attorney. I'm just a guy on the internet who likes to read appellate case decisions.
  12. Depends on how she is written in it. If by name, probably. If by designation "wife," probably not since she is no longer wife. It would also help to know what state. And if your grandmother is mentally competent even now.
  13. Of course it's legal. It's rather common for schools not to allow kids to hang around after the end of the school day. The vice principal has no obligation to tell you kids anything other than be gone. Your parents need to figure out a way to get you away from the school grounds when the school day is over.
  14. So? Have you checked genealogy websites? Have you checked the probate court? Have you gotten the death certificate? Have you ordered the military records? If you haven't done any of that in that order, then you haven't really done anything.
  15. Then a death cert should reveal his SS number and DOB for the military records.
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