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Tobias_Research

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  1. Your session notes about family issues may have a negative relevance to show that not all of the therapy services provided by you was for the issues arising from the accident. If the therapy was for both accident related issues and also for issues unrelated to the accident, only part of your fees would be counted as expenses directly caused by the accident, and not counted as compensible damages. It's a measure of damages issue.
  2. If your client is seeking to recover damages for her traumatic brain injury and PTSD then making full public disclosure of her treatment records is a necessary and known part of the process. Now, disclosure for purposes of litigation and wider public disclosure of the records outside the litigation are two different matters. Your client's attorney might ask the court to seal the records and impose a limit on the public availability of your session notes.
  3. I asked my banker this morning and rights of survivorship, letters of intention to the bank etc. do not mean anything, as far as the bank is concerned. Whoever is named on the account has the power to withdraw the whole amount. The bank doesn't want to get involved in deciding who is legally entitled what.
  4. Connecticut General Statutes Section 52-356d© & (d) "( c) Notwithstanding the hearing requirement of subsection (a) of this section, on motion of the judgment creditor for an order of nominal payments, the court shall issue ex parte, without hearing, an order for nominal installment payments. The amount which shall constitute an order of nominal payments shall be set by the judges of the Superior Court. Such an order for nominal payments may be modified on motion of either party after hearing and consideration of the judgment debtor’s financial circumstances. "(d) An installment payment order shall not be enforced by contempt proceedings, but on the judgment debtor’s default on payments thereon, the judgment creditor may apply for a wage execution pursuant to section 52-361a." Law Blog post, July 2012 (LINK) : Bank Accounts with Non-Exempt Funds Can be Garnished to Satisfy Court Ordered Installment Payments Did you, in fact, make all the installment payments on time?
  5. I imagine that a payment schedule for a judgment does not happen on the court's own motion, and that there would usually be no need for a debtor to request a payment schedule until after judgment is entered, the time for appeal has expired and the need for a payment schedule exists . . . after judgment. Further, I assume the specific details of a payment schedule, regarding frequency of payment and the amount of the payments, involves consideration of the judgment debtor's employment, financial condition and household needs or, in other words, the judgment debtor's ability to pay. This determination would require the submission of financial statements and evidence which have no part in the action on the debt. So, under what circumstances would a defendant make the request for a payment schedule and submit the evidence needed to support the request prior to judgment in the main action?
  6. It's all in B's best interests. A is thinking only of B's security and well-being. It has to be done. That's the story. A needs to stick to that story and face the music.
  7. OK, but he's not dead yet and he can change the CD without person B's consent, assuming they don't both need to sign off on cashing it in. I don't know about the real estate. Does he have a separate transferable interest? If so, prior to death, he could deed it to an inter vivos trust. A testamentary trust wouldn't work for the real estate,
  8. Consider the reasons for acceleration clauses in promissory notes when non-payment triggers default. There is no breach of a promise to pay a monthly payment in May 2018 until that time comes and no payment is made. Sure, it is theoretically possible to draft a judgment to read like a 30 year mortgage, but no court actually does it that way. Money judgments are simple things. You owe $X plus costs plus interest until paid. Period. If a judgment debtor fails to abide by an agreed order for periodic payments, I assume it is a simple matter for the judgment creditor to revert to the subsisting lump-sum judgment and proceed with other post-judgment collection remedies, such as bank garnishment as the O.P. feared. If the periodic payment schedule is incorporated into the judgment itself, either the form of the judgment must be horribly complicated with acceleration clauses and such, which might trigger a whole new round of bickering, disagreement and litigation, or the judgment debtor must jump through the procedural hoops necessary to obtain a modification of the judgment. As I said, it's not that it couldn't be done that way, it is just that it isn't done that way anywhere that I know of..
  9. Perhaps. I think collecting a judgment for $9,000 is very different from collecting a judgment for $35 per week.
  10. I expect a trust, either inter vivos or testamentary, would do the trick. The question is who to have serve as trustee after A's death. One of the children could do it, if generally trustworthy. If things are properly spelled out in the trust and if B is aware of the terms of the trust and is keeping watch to protect her interests, it could work out fine. The alternative is a corporate trustee, which is expensive. It's a normal drafting problem, and I'm sure that A can talk B into accepting it. Everyone likes being the beneficiary of a trust. It's something to brag about and it's a nice monthly or quarterly reminder of A's affection once he's toes up.
  11. I have other questions. Does A trust his adult children to honor his wishes and to treat B fairly, if A dies first? Is there any hostility or resentment between the children and B, on either side?
  12. Oh, and A also wants to do this without B knowing and he also want to avoid probate?
  13. Do I understand correctly that A wants B to enjoy a reasonable income from these assets, if he dies first while they are still "together," during her lifetime, but when she dies, he wants there to be something left over to go to his adult children? And, A doesn't really trust B to not go crazy and spend it all if it goes to B directly, or that B will honor A's wishes to leave something to his children?
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