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pg1067

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Everything posted by pg1067

  1. This thread is nearly a year and a half old....
  2. I agree with the prior response, but only to a point. First, whether there was any disclosure obligation with something like this depends on the applicable state law. Unfortunately, you chose to ignore the pull-down menu that allows you to identify your state. Second, if seller or seller's agent made a misrepresentation, that could be actionable. However, it does not appear that you spoke with the seller. Rather, you spoke with your agent, who obviously wouldn't know anything, and the seller's agent, but you didn't describe anything that the seller's agent told you, so it doesn't appear that any actionable representation was made.
  3. What does this mean? That depends on what you mean by "just put them out." You're the landlord. You'll have to evict them by following the applicable law. Not sure what law you're talking about, but "tenant at sufferance" simply describes the type of tenants you have.
  4. Stop tagging your stuff onto old posts that have nothing to do with your situation. If you have a question, start your own thread.
  5. Start your own thread instead of tagging onto old, unrelated threads.
  6. Is there some good reason why you tagged this onto a 7 1/2 year old thread? If you have a question, start a new thread (and be sure to identify your state).
  7. Not sure what you have in mind. Putting aside the fact that holding someone to an estimate removes all meaning from the word "estimate," you certainly can refuse to pay for more work, but it seems unlikely that the repair shop will do more work without more money. That means your options are as follows: (1) pay nothing more and keep the car as it is; (2) pay the additional money and get the problem fixed; or (3) pay a different repair shop to fix the problem and sue the first shop for additional cost above the original estimate. Whether you might succeed with such a lawsuit depends on the laws of your unidentified state and the terms of the original estimate. Keep in mind that, if the original estimate to do A, B and C was $X, and if it is necessary to do A, B, C and D to fix the problem, then the only issue here is that the repair shop failed to notice that D also needed to be done. If fixing D costs $500, then all that means is that you're original estimate should have been $X + 500 to do A, B, C and D (instead of $X to do A, B and C). If that's right, then you didn't get ripped off at all.
  8. For starters, I suppose we're supposed to infer that you are the court-appointed executor or administrator of a decedent's estate. Correct? Regardless of your answer, I'm assuming you have not retained the services of an attorney. Correct? If that's correct, why haven't you retained counsel? What is the approximate size of the estate? Generally speaking, if all known creditors have been given notification regarding the estate and appropriate notice has been published as required by law, all claims not filed within the claims period get disallowed. However, so you want to risk getting it wrong, in which case you could become personally liable for estate debt? Assuming you don't want to take that risk, you should retain the services of a local probate attorney.
  9. It is. My answers were dead serious. I did not answer the first question you asked and explained why, and I directly answered the second question and also the implied question. Please explain why you thought my responses were not serious. If you think my answers were erroneous or didn't take something into account, please explain and I'll try to provide further explanation.
  10. Your question makes little sense. Everything that is not expressly illegal is legal, and there's no law that makes what you described illegal.
  11. Has the alleged father's paternity been established? If so, how was it established? Note that "his name is on the birth certificate" does not answer this question. Opinions about what? You claim your friend is straight; the father says otherwise. We have no means of determining which of you is correct. You told us she's "absolutely terrified." From the outside looking in, that suggests maybe she's not as "clean and sober" as you assert. In any event, in legal cases, there are no guarantees, so your assertion that "she has nothing to worry about" is way off the mark. The best thing anyone here can say is that the father will have to do more than make accusations. He'll have to back up those accusations with actual evidence. I agree. However, a child support petition will require that the mother prove paternity, which might not be in her interests at the moment, so she might want to wait until this custody fight is done (or until the alleged father has established paternity) before doing this. I don't completely disagree with this, but this is a family court matter, not a juvenile court matter.
  12. An eviction is an event, so it's not something that's even susceptible of being "expunged." If you're asking about sealing the court's file relating to an unlawful detainer case, that can theoretically be done, but some extraordinarily out of the ordinary circumstances would be needed. I'm curious what distinction you appear to be drawing between "my record" and "my credit report." In any event, the reason mentioned would not even come close to justifying sealing the court file. You also need to keep in mind that, even if the case file were sealed, there would still be a public record of the case. However, just because a UD case was filed and judgment was entered against you don't not mean it will show up on your credit reports or any other sort of "record." The only way it will turn up on a credit report is if the landlord reports the judgment to one or more of the credit reporting agencies. You likely can prevent that by paying what's owed in full ASAP. You could even, if the landlord is willing, obtain an enforceable agreement not to report the judgment to the CRAs. Of critical importance in this regard is that you resolve things with the landlord before the landlord records an abstract of judgment with the county recorder. Once that happens, then it's entirely possible that the CRAs will learn about the judgment independent of the landlord. You'd make a motion to seal the case file. However, as noted above, it's not going to happen absent extreme facts. No. I'm guessing you didn't actually read CCP 473(b). Had you done so, you'd know it's of no relevance to your situation. It applies when "a judgment, dismissal, order, or other proceeding [is] taken against" a party as a result of "his or her mistake, inadvertence, surprise, or excusable neglect." For example, if the court entered a default judgment against you because missed a court date because your alarm didn't go off because of a power outage, the court could vacate the default judgment and you'd be given an opportunity to defend yourself.
  13. No. Absent a court order saying so, no.
  14. Always good when someone resurrects an old thread to write something that's already been said.
  15. No way to know without knowing how the title to the house was held. I'm not sure what you mean by "either document." The will and what else? Also, the "reading of the will" is something that happens in movies and TV shows, but it rarely happens in the real world. At any point did you make any effort to obtain documents relating to the probate from the court? Despite your use of a question mark, this sentence isn't a question. Also, the fact that you had been making the mortgage payments does not, without more, entitle you to anything from the foreclosure sale. Beyond that, I'm sure there are hundreds or thousands of "probate for dummies" type articles on the internet, but if you want some clarity regarding your father's estate, you should consult with a local attorney who can review the relevant documents and provide advice based on the unique facts of the case.
  16. You shouldn't have had to, but the tag apparently didn't take for reasons beyond my pay grade. Under the circumstances described, yes. That status is, however, largely moot since she moved out. The subject header of your post refers to her as an "in law," so I would assume someone in the family has an address. Beyond that, I have no idea how you might contact her. Here's a link to what I assume is the relevant body of law in Mississippi.
  17. I'm curious why you think that delivering the message by text message somehow makes it "official." I assume this means that this person actually did move out. Correct? I'm sure you can, but I'm not sure exactly what "put her stuff out" might mean, and in any event, I doubt that's really what you intended to ask. If you want to dispose of your former tenant's property without fear of being held liable for its value, you'll need to follow the abandoned property laws of your unidentified state. Typically, that means written notice sent by mail -- better yet, something like Fedex so you can prove it was actually delivered -- that gives a set period of time for the owner of the property to retrieve the property. Thirty days is typical.
  18. The natural response is to ask you what your ex said when you called him to discuss the situation. Regardless, if you can't work this out with him, you'll need to involve the court.
  19. Not sure what sort of "help" you're seeking from anonymous strangers on the internet (or what your question is, if you have one), but it seems like your mother shouldn't be living alone. Absolutely agree. A POA is nothing more than an authorization by one person (the "principal") for another person (the "attorney-in-fact" or "agent") to deal with third parties on the principal's behalf. Two of the many important things to understand about POAs are (1) no third party is required to deal with the agent; and (2) that the principal has given a POA does not mean the principal cannot deal with the third parties herself. If you think your mother isn't competent to care for herself, then you might look into an adult guardianship or conservatorship (not sure which term is used in FL).
  20. I've seen shorter novels. You don't really expect folks to read all that, do you?
  21. This doesn't appear to have anything to do with the subject of this year-old thread. I also don't see a question in your very long post. I suggest you start a new thread and be sure to ask whatever questions you have.
  22. You need to take the CC&Rs and any other relevant documents to a local attorney for review. Any legal advice obtained from anonymous strangers on the internet is inherently unreliable.
  23. We have no way of predicting the future in this regard -- especially since you didn't tell us anything about any existing child support order or what relationship the State of Pennsylvania has to this situation.
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