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adjusterjack

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Everything posted by adjusterjack

  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.
  16. You can request military records through the following website: https://www.archives.gov/veterans/military-service-records You will probably need some identifying information besides just his name. If you don't have that you might first try getting a copy of his death certificate from your state or county Vital Records. That you have date of death is helpful. However, the probate court in the county were he lived/died should probably be your first stop. Any probate file would be public record and you can get a lot of information from it. Have you tried any of the genealogy websites? You'd be surprised what you can get for free.
  17. Of course it is. He did something to get himself picked up. He stays put until he's released or transferred or whatever. He should have thought of that before doing whatever he did to get picked up. How about a lawyer?
  18. I did. The prosecutor didn't show up. I'd left Phx at 5 AM to get there by 8 AM. I waited a half hour, going up to the window every 10 minutes moving to dismiss. Each time the judge said give the prosecutor a little more time. Third time I explained I'd driven 3 hours to get here on time. She gave me a sour look, dismissed the ticket, and (I swear to God) said "Don't ever let me see you in my courtroom again." Classic Buford T Justice.
  19. Then a phone call might be in order. See if you can talk to the office manager and ask how to resolve the issue. You can catch more flies with honey than you can with vinegar. And you can pay by credit card or debit card over the phone if it will speed things up. As for 2 hours away, I once drove 3 hours each way to beat a traffic ticket in some Podunk town in Eastern AZ. Not saying that a trip would be a solution, just thought I'd inject a humorous anecdote into the thread.
  20. Why are you in DHS custody? Some background might help us understand what is going on.
  21. There was nothing snarky about my advice. If I misread something in your post that implied you weren't going to pay your bill if this wasn't resolved I apologize. But I still think my advice is solid. Go to the doctor's office with your documentation, pay your bill, and talk face to face with whoever is appropriate. Because if you don't do that or if you are not successful the way you are doing it now, the next step is to hire a lawyer, go to court and seek a court order compelling the doctor to correct the records. That will cost you thousands, lots of grief, and many months with no guarantee of success. Up to you.
  22. If you haven't paid your bill you can count on being ignored. You can also count on being sent to collections. I suggest you go in and pay your bill. While you are there address the error face to face with whoever is in charge of that. Make sure you take documentation with you and go over the records with the appropriate person. Ask how long it will take to correct and how soon you can come in personally and pick up the corrected record.
  23. Speaking of nonsense: http://www.apfn.org/apfn/flag.htm Gave me a good laugh.
  24. Well, obviously she can, if she already did. Here's the problem. If she got awarded guardianship by a local court in Ft Wayne, then Ft Wayne authorities a likely to enforce that order as being more current and primary and probably tell you that you will have to go to court in Ft Wayne to get the guardianship overturned. I suggest you save yourself a lot of grief and hire a lawyer in Ft Wayne to address the guardianship before your husband tries to get the child back.
  25. Homestead protection is automatic up to $125,000 per RCW 6.13.030: https://app.leg.wa.gov/RCW/default.aspx?cite=6.13.030 The proceeds from the sale of your home, when set aside for the purchase of your next home, are also exempt for up to one year per RCW 6.13.070: https://app.leg.wa.gov/RCW/default.aspx?cite=6.13.070 Unfortunately, I haven't been able to find anything that addresses homestead when the property is owned by two non-spouses. Consult an attorney about that.
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