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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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if a bank in new york state puts a lien on an account with

Resolved Question:

if a bank in new york state puts a lien on an account with less than 1500 in it, how do you get it removed
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Welcome to JustAnswer, My name is XXXXX XXXXX I would be glad to help, but need a bit more information,

 

 

1. Did the bank have a judgment against the depositor whose account was liened ?

 

 

2. If so, in what amount was the judgment ?

 

 

 

Customer: replied 1 year ago.


I don't have anything right now. i'm preparing just in case i lose this ridiculous case that's against me for money i don't owe a litigant who has been convicted of 3 counts of felony forgery in the past and took advantage of us being in the wtc on 9/11 and losing all of our original documents.


i expect a judgment if i lose of anywhere from 20000 to 70000. even though it's really a corporate debt of 31,000 that we never cosigned personally i did offer to settle and he refused.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, Thank you for your reply, I need some clarification, if you do not mind,

 

My apologies, if I misunderstood. When you said, "...if a bank puts a lien on an account..." I thought you meant the bank was the creditor.

 

Q. Are you saying that you are being sued by an individual and if he/she obtains a udgment against you, thn he will levy on your bank account to satisfy his judgment ?

Customer: replied 1 year ago.


yes. i am being sued by an individual. the case isn't coming up until the end of may but i'm trying to prepare for every possibility.


i am not past due on any personal debts and i've paid off nearly anything on my husband's business that i legitimately cosigned.


i am doing this pro se because i have no money. i was a minority shareholder in my husband's company and because he's on social security and i'm working the plaintiff is trying to show that i cosigned the business loan. i never did. he's a slimy thing who in addition to being convicted of felony forgery also was convicted of tax fraud.


i should win but you never know which way a judge will decide since i lost all my records in the world trade center.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, Thank you once again for your reply and additional information,

 

I agree with your philosophy of planning ahead and for as many possibilities as you can think of. You are also absolutely right about Judges. Sometimes, I think that their decision depends on which side of the bed they woke up on, or which way the wind is blowing.

 

You asked,

 

"if a bank in new york state puts a lien on an account with less than 1500 in it, how do you get it removed ?"

 

 

Answer

 

If an individual obtains a judgment against you, they become a "Judgment Creditor" and they can ask the Court for a "Writ of Attachment" or a "Writ of Levy" which is a Court Order and they will serve on your bank, if they know you have an account. The bank is obligated to carry out the instructions on the Writ because if they do not, they will be subject to the penalties of Contempt of Court. The amount in your bank account does not matter and has no effect on whether or not it can be removed. Once it is served on the bank, the most you can do is get a "Stay" if you were to file an Appeal, but other than that, the Judgment Creditor will be able to force the bank to turn over the money in your account to him.

 

You are better off withdrawing the money now, before the case is heard because if a withdrawal of the funds is made after judgment is entered, the withdrawal becomes very suspect.


Please be kind enough to rate my service to you as "Excellent Service",

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

i had thought that they were not allow to lien accounts with small amounts in them. i read that somewhere under liening bank accounts in new york state.


i am not too concerned because i could just open a new account but i am concerned if they then can lien that one.

Customer: replied 1 year ago.


this is what i had read in several places but i know banks usually don't pay attention to much:


if your bank account was frozen by a creditor and you had less than $1740 in the bank, your bank must release to you any amount that was less than $1740. Under a new New York State law your bank account is protected up to $1740.


The name of this law is the Exempt Income Protection Act.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you, Let me look it up and I will be right back,

 

 

ANDREA :)

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, Thank you for your patience, I researched the Exempt Income Protection Act and found the following:

 

 

1. Exemptions for certain payments will depend on their source. The Act states that the source of direct deposit payments made electronically are easily identifiable by the bank and if they are exempt by Statute, they cannot be Attached by a Judgment Creditor to satisfy the judgment. These "statutorily Exempt" payments are Social Security benefits, payments from a Pension, IRA, or other retirement type account, child support payments, and alimony. .

 

The second Exemption is based on the presumption that the first $1,740 in an account is exempt as wages, unless a court determines that the funds are not necessary for the "reasonable requirements of the debtor and his dependents". However, if the Judgment Creditor proves that the Judgment Debtor has other sources to meet his or her "reasonable requirements and his or her dependents", then that exemption is lost. In other words, the Act gives the Judgment Debtor an Exemption with one hand and then takes it away with the other.

 

You would still be better off removing that money from your bank account unless there is some reason why you want it to remain there.

 

 

Please be kind enough to rate my service to you as "Excellent Service",

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


just wanted to thank you. i sent in some money through paypal. i am going to remove the money in early may. i just need a checking account to pay my rent and some bills. i am only worried because they changed judges on us. the one we had was reassigned to the appelate court. she seemed to believe i was getting scammed. in the pretrial hearings. anytime i referred to the plaintiff as a crook and the plaintiff's attorney objected she would just say overrule it and say isn't that the point of her defense.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley,

 

Watch out for the Plaintiff. He seems just the kind of person that would try to overcome the presumption and argue that the funds in your bank account were not for "reasonable requirements". Until all of this is over for you, you might want to consider using money orders rather than maintaining a bank account, so that you do not give him any opportunity to get any amount of money from you!

 

It's too bad that the Judge was reassigned because Judges' rulings like that are rare and she appeared to be on your side. Hopefully, the notes she took were put in your file so that the next Judge assigned to hear your case will see them,

 

Thank you for your "Excellent Service" rating, and the Bonus, It was both kind and generous of you and I appreciate it greatly. If you have any questions in the future, please feel free to ask for me by typing my name at the beginning of your question like this,

 

"For Andrea........."

 

and I will be glad to assist you again (And, learn more from you about new Amendments to New York's Banking Law)

 

 

Thank you again for the opportunity to be of assistance,

 

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


thanks again. i could always file bankruptcy. we were 9/11 victims who got sba loans which we did personally guarantee. when my husband lost his business because of a madoff-type hedge fund deal, we were stuck owing over 1 million to the government. since it's business debt i was told that the means test wouldn't apply and i'd probably get a 7 with little problem. i just hate the thought of filing.


you're right about the plaintiff. i think it's worse than just a person filing a lawsuit. he used to be in demolition and they don't have the best reputation for integrity and who they are connected to.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley,

 

Would you be file a Chapter 7 for the corporation, also, or just individual Chapter 7?

 

Were you forced to personally guarantee payment ?

Customer: replied 1 year ago.


personally. we were forced to personally guarantee or you couldn't get any 9.11 help. no one knows that the government did that. everyone thinks there was lots of help for people in the building but if you had no property to guarantee or didn't personally guarantee you got no help.

Expert:  Andrea, Esq. replied 1 year ago.
I know exactly what you mean. The "Home Affordable Program" ("HAMP") paid billions of dollars to banks as incentives to modify loans for homeowners. Not only did the banks pocket these incentive payments, but the modifications that they made caused borrowers to lose their property to foreclosure. I still cannot understand how the banks participating in this Program could modify a loan and come up with a higher monthly payment for the borrower.
Customer: replied 1 year ago.


we lost our home to foreclosure because they wouldn't modify the loan. if i had to do it all over again, i would probably have closed the business and fired our 100 employees after 9/11. i thought we had a responsibility to fight back against the terrorists and rebuild but we've had so many problems since then you become very disillusioned. between the banks and the goverments we didn't catch a break.


on top of everything else, the flag that the firemen flew on 9/11 came from one of my husband's dinner cruisers that were docked in the world financial center. the city lost the flag about 10 days after 9/11 and pretends it never happened. the flag that has gone around the world is some other flag they put up when the original flag went missing. it's hard not to become cynical and angry with government and the banks. unfortunately banks are my clients so i am kind of stuck.

Customer: replied 1 year ago.

thanks again. i sent in some more money through paypal. wish it could be more but we are really not doing well because of everything that's happened in the past few years. that's why i'm doing as much as possible pro se although i know that's a bad thing to do especially with a sleazy plaintiff. at least i got his certified felony records for the case. hard for a judge to argue against that i hope.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, You have been very kind and generous, I wish I could do more for you. I must tell you, I think you're very brave acting Pro Se. If you need anything and I can help, just let me know. Of course, you would have to let me know a little about the case, but if you are planning on filing Motions, or need help with the CPLR (New YorkCivil Practice Law and Rules), let me know. For the six weeks before the New York State Bar Examination (Won't tell you what year), the CPLR was my "Bedtime Storybook". along with all the other textbooks and reviewbooks and Bar Review material.

 

Is this New York County ? When I passed the New York State Bar Examination, I was sworn into the Appellate Division, First Department because I lived in Manhattan, so I'm pretty familiar with NY "stuff" and if I don't know it, I know where to find it. Just let me know,

 

When in May does the trial start ? Are there any grounds to file any Motions ?

 

 

ANDREA

Customer: replied 1 year ago.


Thanks. I filed motions and they were denied because they said they weren't filed on time, not because of the cause.


It seems really obvious from the documents that they are forged. It may be my signature--which never looks consistent--but i never signed the document he is suppllying as proof of personal guarantee. This document was notarized the day before it was signed. it says it was signed offshore and they were signed in the world trade center. there's no personal guarantee document that you would normally have with a business loan. there was no amortization schedule which suddenly showed up dated years later from his accountant.


however, you never know what a judge will rule.


if you were practicing in new york, i would love to hire you for the trial. it's may 28 right now.

Customer: replied 1 year ago.


Hi Andrea-


Just thought of something else. i am also a signatory on my business account. it's a separate corporation that has nothing to do with the lawsuit. i don't believe they can put a lien on this accountbut i wanted to check. if they can, i'll just take myself off the account.


shirley

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, My apologies for the delay. After I posted my last comment to you, I had to put out a few fires, Thank you for your question, I am more than glad to help,

 

 

If the bank account belongs to a separate corporation which is totally unrelated to the one being sued and is unrelated to the lawsuit itself, then the Plaintiff has no right to put a lien on it, or attach any of its assets to satisfy any judgment, simply because you are a signatory on the corporation's bank account.

 

However, if you have an ownership interest in the corporation, remember what I said in one of my previous Answers, if the Plaintiff obtains a judgment against you and thereafter takes your deposition to get information about your assets, where they are, what they consist of, etc., then your percentage ownership interest would be subject to execution by the Plaintiff to satisfy his judgment.

 

But simply being a signatory on the other corporation's bank account without more, will not subject the corporation's assets to execution by the Plaintiff/Judgment Creditor,

 

 

Please let me know if there is anything else you need or you think of anything else that this Plaintiff may want to take from you,

 

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


thanks so much for your help. is there any way i can hire you for advice so i don't mess up the trial. i was so happy with judge gische. now with a new judge i don't know where it will end up.


i do own 50% of the company. Can he do anything more than put a lien on my shares?


my partner and i don't make extravagant salaries and don't take distributions. we do on our k-1 but we can't figure out why because we certainly aren't taking the cash. it's some accounting issue of expenses vs. principal repayment.


i plan to file bankruptcy at some point because of the federal debt. i just wanted to wait until i was closer to retirement in a few years.


i am starting to think that if i lose the case and can't reach some kind of settlement with the plaintiff, i should just file bankruptcy and be done with it. i owe some credit card debt to one of my clients and that was the only reason i didn't want to file. i guess i can just reaffirm that debt or pay it after i file for bankruptcy. i am going to protect the small amount of cash i have by repaying a 401k loan and just keep enough for legal fees.


 

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, I was in the middle of revising my Answer, but could not post it because you had read the previous version. Here is the edited version. I had not seen your first questions in the previous "Reply" box,

 

 

1. Regarding the documents which puport to have your signature and which were Notarized, find the Notary Public who allegedly Notarized your signature and bring her in as a witness. To be on the safe side, serve a Subpoena on her. Since a Subpoena is like a Court Order, if the Notary refuses or fails to come in to testify, they can be held in Contempt of Court.

 

The Subpoena will serve a dual purpose - First, it will require the Notary Public to make available to you for inspection the Notary Public's Log Book(s) and other records well in advance of the trial date so that you can formulate the questions you want to ask the Notary and the Plaintiff, and you will be able to verify the credentials of the Notary Public with the Department of State and that they were in good standing on the date they claim that your signature was Notarized, and check other people whose signature the Notary Public claims to have Notarized. The second date on the Subpoena will require the Notary Public to appear in Court the date of the trial with all log books, records, etc. and to testify. I have the wording below. When you get the Subpoena, I will help you fill it out,

 

 

On the Subpoena, right after it states, "You are Ordered to appear on the ______ day of May in Court Room _________ , etc. , then it says

 

"...and to bring with you ________ " In the blank space list what you want them to bring. One of these things is the "Log Book" all Notaries Public are required to maintain. They are required to list the date they Notarized a signature, the name of the individual, the form of identification they showed the Notary as proof of their identity, where the document was signed and the signature Notarized, etc. They are required to keep this by law, so there is no getting around it. If that Notary Public claims to have Notarized your signature, they should have all your information logged in their log book. Take a look at the date on the Notarized document and if it was allegedly signed, for example, "July 8, 1999", then on the Subpoena make sure you specify that the log book(s) containing records of Notarized signatures for the dates January 1, 1999 through and including December 31, 1999 should be brought in. But, you need to see these well in advance so that you can be prepared. Get the Subpoena and when you fill it out, put in two dates - The first date should be as soon as possible and next to that date, write in

 

 

Example

 

"To make available for inspection on the 21st day of March 2013 at ________ address, at ________ (AM) (PM), all log books, files, documents, and all other official and unofficial records maintained for the entry of information of the official acts of ___________________ , a Notary Public, for the period January 1, 1999 through and including December 31, 1999, inclusive"

 

2. If the bank account belongs to a separate corporation which is totally unrelated to the one being sued and is unrelated to the lawsuit itself, then the Plaintiff has no right to put a lien on it, or attach any of its assets to satisfy any judgment, simply because you are a signatory on the corporation's bank account.

 

However, if you have an ownership interest in the corporation, remember what I said in one of my previous Answers, if the Plaintiff obtains a judgment against you and thereafter takes your deposition to get information about your assets, where they are, what they consist of, etc., then your percentage ownership interest would be subject to execution by the Plaintiff to satisfy his judgment.

 

But simply being a signatory on the other corporation's bank account without more, will not subject the corporation's assets to execution by the Plaintiff/Judgment Creditor,

 

 

Please let me know if there is anything else you need or you think of anything else that this Plaintiff may want to take from you,

 

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Insanely enough, the plaintiff has subpoenaed the notary. i was there for the deposition. the person barely speaks english. kept no records and has no idea about the document he signed. actually he speaks good english and has been in the u.s. about fifty years and owns a store. i can cross examine him.


can the plaintiff do more than put a lien on my shares? i would file bankruptcy before i sold the company so the lien would be removed then anyway.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley,

 

 

1. In which County and which Court will the trial be ?

2. When was the Notary Public's deposition taken ?

3. Did you cross-examine him at that time ?

4. Do you think he is acting as if he cannot speak English ?

 

 

Customer: replied 1 year ago.


80 Centre Street in front of Judge Engoron.


The deposition was about a year ago in my office. The notary had his son there translating. I think he's indian or Pakistani. I am pretty sure he speaks English because he had no problem understanding us when we had the documents notarized. I didn't cross examine him because it wasn't my deposition and he didn't say much other than he keeps no records and doesn't do anything except check the signatures and sign and date the documents which was all i needed.


We were originally scheduled for a trial in front of Judge Silver and the notary didn't show up then so i don't know if he'll show up now.


The plaintiff's attorney keeps asking me to file bankruptcy so he can be done with the case. unfortunately even if i file, i still have to go through with the case because you don't owe money unless you get a judgment. he didn't know that. not the sharpest blade i guess.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply and the additional information,

 

 

The Notary Public is going to give you trouble, I can tell you that and he will probably not appear to testify because I am sure he makes a pretty good living charging more that the State allows for Notarizing anything, .and if it were brought to the attention of the proper officials, he would not be allowed to Notarize anybody's signature in the future. Maintaining a log book and asking for identification is not "voluntary" on his part. It is mandated by the State and specifically by the Department of State in every State. The acknowledgement to which he places his signature and his seal states,

 

On the ___ day of ______ , 20__, before me, a Notary Public, appeared __________ , known to me, or satisfactorily proven to be, the individual who executed the foregoing _____________ as his voluntary act and deed for the purposes therein stated,


______________________ My Commission Expires _______

Notary Public

 

The words I have in bold and italic, is one of the many pieces of information that a Notary must list in his Log Book, whether he looked at the individual's Driver's License, Passport, or any other identification issued by a governmental authority, it is noted in the Log Book. If he does not maintain one, his Notary Public License will be revoked. He knows it, too, that is why I believe he will not come into Court voluntarily , unless he is going to lie under oath, but what is he going to say, "I forgot my Log Book at home" ? How could he pass the Notary Public examination if he did not speak English.

 

You are right, you should delay filing any Petition in Bankruptcy under any Chapter. I do not think the Plaintiff will get a judgment against you, but in the unlikely event that he does, you want to wait for the judgment and toss that in also to be discharged in Bankruptcy,

 

 

Please be kind enough to rate my service to you as "Excellent Service",

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thanks for your help. i don't think he'll show up myself. my business partner is from pakistan and said they never want anything to do with courts. he definitely said he keeps no records so i guess there's no way he could testify this was the document he saw which is in my favor because it's so filled with errors.


i'll rate you above and pay you again. you've been so helpful. i may calll on you for more advice as i prepare for court.


i shouldn't lose but you never know. the way my life has been lately i'm prepared for anything.


the only reason i'm in this mess is because i ageed to be a minority partner for my husband's business which i didn't want him to do to begin with so i'm really an idiot.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, Never say that about yourself! First of all it is not true. You are going into Court Pro Se, that takes a lot of brains. Second, if we don't make mistakes, how can we learn anything ? If you do not know something, you ask, just as you are doing now.

Lastly, as we progress, we try to make smaller mistakes. You said you became a minority partner because your husband asked you to.. That's okay, really. If we spent all our lives trying to avoid making mistakes, we would not be doing anything else because we would not have time for anything else.

 

2. You are correct. The fact that the Notary Public does not keep records will work in your favor whether he comes to Court or not. Even if he did come, you could cross examine him by asking him how many signatures does he Notarize each year. Then you can ask him ifhe remembers on what date does he claim he Notarized your signature. Then test his memory, i.e., How can you be so sure, if you don't keep records and you write nothing down ? Then, "How many signatures have you Notarized in the last ten years, and so on.

 

Actually, if he does not come to Court, it will be to your benefit, but not for the reason you think. If the Plaintiff has served a Subpoena on him to appear as his witness and he does not show up, the Judge will infer that he could not testify honestly the way the Plaintiff wanted him to, therefore, it will work against the Plaintiff with the result that it will work in your favor;

 

3. Thank you for the compliment you paid me by asking me to represent you. As much as I would really enjoy it, we are not permitted to take on customers as clients, nor form any Attorney-Client relationships. However, I will be available to Answer any questions you have, and give you moral support, even though you won't need it. Ireally believe you will do well. If I might make a suggestion, I find it helpful to carry a lNotepad or Notebook with me and I am thinking about a case and as I think of questions, I write them down as reminders and when I am formulating questions for the witnesses, I read the notes I have taken over a period of a week and use them in my questions. You would be surprised how many things you remember and think of about a case when you are not trying to remember. It has always helped me, give it a try. It is always better to prepare for a case over a period of time rather than try and squeeze all preparations in the last three or four days, it just does not seem to work for me like that. I can think a lot better when I am relaxe and I am not rying to remember anything,

 

Please let me know if there is anything else you need or you think of anything else , I will be here. Just type my name at the beginning of your question and it will be directed to me. I am usually always online lately, but if I am not, it is only because I am taking a brief break and will be back shortly. If that happens and if you are asked if you need help, you can say that you are waiting for me.

 

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Tried rating you again but it didn't go through. i'll try it later.


Many thanks for your help. i think you keep worse hours than i do. your suggestions are great.


by the way, the plaintiff's attorney asked for a translator for the notary. that should go over well if the notary doesn't show.


i will get a tablet. right now i'm using my kindle. my company does work for financial service companies and one of them has delayed paying us for 90 days. with our bill finally processed to be paid shortly, i can now start thinking about the case.


i am sure i'll be contacting you again as i think of more questions. my business partner can't understand why i think i could lose since the documents look so fake. i just know judges are mercurial. i was a paralegal for lebouef lamb years ago editing proofs of claim so i have a tiny amount of experience which was why i thought i might be able to do this pro se. i really can't but the least an attorney wanted for a retainer was 10k which i don't have. now it's too late and our corporate attorney said sometimes they are more lenient with pro se litigants.


i did offer the plaintiff several times to pay the 30,000 the business owed him over time--making clear it was a business debt not anything i personally owed-- just so i wouldn't have to deal with this trial any longer but he turned it down.


at the final pretrial his attorney told the judge's clerk that we are hiding our money. i actually used the f word when i responded and the clerk couldn't stop laughing. i said if i had money would i do this pro se. the plaintiff is f... delirious.


the whole story sounds like a movie script. argo without terrorists.


anyway again many thanks. i am going to reread your comments as i prepare and then hope for the best.

Expert:  Andrea, Esq. replied 1 year ago.

1. I do not know what the problem is with rating, but I have no control over it, nor do I even see it. If you continue to have a problem, contact Customer Service at info@justanswer.com and they will be able to help you.

 

2. My hours - The only response I can give is, Sleeping is overrated! lol

 

3. Regarding the translator and the Notary - Even if the Notary shows up and the Plaintiff introduces the translator, you should object, and the basis of your objection is this, "Your Honor, If the Notary Public does not speak English, I would ask, How was he able to take and pass the examination for Notary Public and how is he able to Notarize anyone's signature if he cannot communicate in English ?"

 

If the Judge overrules your objection, then when the Plaintiff's Attorney starts questioning him on notarizing your signature, you should object with,

 

"Your Honor, I would ask that Mr. __________ , be disqualified on the basis of his failure to maintain Log Books as required by law and how his memory can be relied upon to be accurate over a span of ___________ years" (Number of years since he allegedly Notarized your signature)

 

 

4. If the Plaintiff's Attorney attempts to introduce the fact that you offered $30,000 to settle the case, you should object,

 

"Objection, Your Honor, negotiations and any offers of settlement during such negotiations are inadmissible as evidence of anything during a trial or hearing"

 

 

5. If the Plaintiff's Attorney even attempts to imply that you have hidden money, you should say,

 

"Your Honor, I have two things to say here, First, if I, or the company had money hidden any where, I would not be representing myself in these proceedings; and, second, if Mr. ___________ is going to even suggest that I, or the company has money hidden anywhere, he should be instructed by the Court that he has the burden of proof. I do not have the burden of disproving an allegation which, I might add, is totally false".

 

 

6. As for your comment to the Judge's Clerk, I think you were rather restrained; I probably would have gone on like that for a few minutes, accused the Plaintiff's Attorney of, grasping at straws for lack of evidence, then stormed out of there,

 

 

Please be kind enough to rate my service to you as "Excellent Service", and if you are presented with a survey by JustAnswer, Please leave some Positive Feedback, I would greatly appreciate it greatly,

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, Thank you so much for the several "Excellent Service" ratings you gave me and the Bonuses, I greatly appreciate it. I am sorry I could not get to you a little sooner, but I have been running around like I just got out of the nut farm. When I saw that you had given me the Excellent Service ratings and the Bonuses so early in the morning, I first had to stop for a moment and think, "Did I Answer any questions for Shirley and just didn't know about it ? I began to question my sanity. Then, I thought to myself, "Did Shirley have a dream and somebody in her dream told her she had to give Andrea some "Excellent Service" ratings and Bonuses? You would be surprised where the human mind wanders when it's pushed beyond its limit and the body is way past the exhaustion stage. When are you coming back online ?

 

 

ANDREA

Customer: replied 1 year ago.


Hi Andrea-


i feel like i've known you for years. you sound like me racing around doing a million things at once.


I saw that i hadn't clicked on the service rating on a few of the questions so i went back and did that and added a little money when i did. sorry it couldn't be more. i should have some money next month. our contract is still in purchasing hell and i am scraping by until it gets paid.


you haven't heard from me this week because i wasn't working much. it's a funny story but not too funny outcome. we had no power during hurricane sandy and the cats were sleeping on the bed. they ended up throwing me off it and i did some damage to my back as i caught myself. i did the shots which only worked for a few weeks so i took the cortisone pills this week and we'll see if that works.


i was looking through all the documents for the case and i found one on which i think our signatures may align with the ones he used for the court. i have to figure it out when i go back to work.


i also think i'm going to file a potential tax fraud complaint with the irs on him. the only reason i could come up with him saying the sale was consummated offshore was to try to avoid taxes. we bought the boat from him three years before he was found guilty of tax fraud and expense evasion by the irs for several other boats he sold. if you put winston knauss in a browser the tax case comes up together with a commentary from a cpa which is really funny. do you think i can do this now or should i wait until after the case. it really has nothing to do with whether or not his claim that we signed a personal guarantee is true or not.


i'll be in touch with more case questions as i start working again. i could barely walk this week but the cortisone pills seem to be working and i'm walking again. i just hope it lasts.


shirley

Expert:  Andrea, Esq. replied 1 year ago.

Good Morning, Shirley, You posted sentences and questions coherently and succinctly at 5:44 AM. Do you double as the alarm clock that wakes up the roosters ? I am sorry to hear about your back inury. Isee you are an animal lover, too. I love my dogs and they are my life. My baby Red Sox passed away December 31, 2012 and I am heartbroken. I still have her daughter, my baby Aten, and her brother, Hermes, my little boy who is a little over 100 pounds. He looks like a wolf, looks ferocious, but he is the gentlest creature I have ever seen, And, he's so sensitive, you can't yell at him or raise your voice, you can't look at him the wrong way, his feelings get hurt.

 

File tax fraud against the plaintiff. It doesn't matter that it's unrelated (It might well be related). It will divert his attention from the case and if anyone can make you lose your concentration, it's the IRS. Give the plaintiff something to worry about. Tell the IRS everything you know about his fraudulent activities, the IRS will keep him occupied for a while and hopefully for a long while,

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


thanks Andrea. I am always up early. Then i try to go back for a nap until i get up. I hope with DST starting i won't be up as early. If we're not up, our cats also wake us at 4. they want some fresh turkey every morning and one is very aggressive. he'll start meowing and then smacking us with his paw if we don't get up. it makes me laugh. i keep telling him tappies are okay hitties aren't and he does know the diffference. I am sorry about your dog. It's hard when you lose them. our cats mushie and blondie are about five. we got them from a friend. they were feral but have come around pretty well now. we had mushie and blondie senior before who both died from the same cancers as the firefighters who were in the WTC. we had to leave mushie and blondie senior in our apt near the WTC for a few days until we could get someone into the area to rescue them. We waited until we got two new cats and then named them after the ones that died because of 9/11. our new cats are brothers. one is blonde and one is grey just like mushie and blondie senior.


thanks for your advice on the filing with the irs. i am going to do it. he may have paid his taxes but i doubt it. he had a half million fine last time on top of having to pay about a half million in taxes. he's really a dope. first for commiting tax evasion when he had the money to pay and then for not admitting it immediately and negotiating. they would probably have taken about a quarter of what he ended up paying.


if i lose the case in may i'd love to file felony forgery charges against him but i think the statute of limitations has run out for that.

Customer: replied 1 year ago.


Hi Andrea-


If I lose the case, what can the Plaintiff do to the shares I owen in my company?


Can he do anything other than place a lien on them?


Can I transfer them to my business partner before the case if i do not decide to file bankruptcy?


I started writing up the IRS fraud documentation. I found the bill of sale and it's missing the price and any mention of a loan or interest. I also found a document he wanted our captain to sign that the sale took place offshore. i forgot all about it. our captain refused to fill in any coordinates and just signed that we was aware the sale took place. i am adding these to the IRS filing but also i think they are good for my case as well.


Shirley


 

Expert:  Andrea, Esq. replied 1 year ago.

Good Morning, Shirley, What happened ? Did you oversleep this morning, LOL ?

 

You have to think positively!!! But in Answer to your question, if a plaintiff wins a judgment against a defendant, (and assuming the defendant does not appeal), the plaintiff can levy on any property owned by the defendant and have the Sheriff sell the asset or assets in order to satisfy his judgment,

 

If you could get the captain (If he is still around) to testify as to what the plaintiff wanted him to do and which the captain refused, it would go along way in impeaching the plaintiff's credibility so that the Judge could see what the plaintiff is truly capable of doing,

 

 

Please be kind enough to rate my service to you as "Excellent Service",

 

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

i wish i could sleep. this is keeping me up nights thinking.


 


the shares are worthless and no one would buy them. they would only have value if we ever grew the business and sold it in a few years and maybe not even then. so i guess i should just not worry about it or file bankruptcy if he wins. i assume even if he seized the shares he'd have to return them if i file.


can i legally sell the shares to my business partner for $1 prior to the trial. He'll sell them back to me if i win.


 


i could probably find the captain but i think he moved to florida. whether he'd want to testify or get involved is another issue. i doubt he'd even remember the document. i just found saw it in the filing.

Customer: replied 1 year ago.


Andrea-


 


I forgot to say why my company shares are worthless. On one company, whoever assumes them would also have to take over a $400,000 liability to the SBA (required by the SBA rules) and a $100,000 liability to our landlord (under a non-executed judgement). I doubt anyone would want them under those circumstances.


 


The second company has no value at all. it's a start up with only expenses. It might have some value a few years from now but it's got nothing but losses right now.


 


Maybe with that in mind i'm worrying about nothing much.


Shirley

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Shirley, I believe that you might be worrying a little too much. From what you have mentioned in your comments and questions, the plaintiff cannot win, especially if you get your witnesses line up and impeach the plaintiff's credibility and also get that report in to the Internal Revenue Service to divert his attention away from you and the case, and you will do fine, trust me you will. And, if at any time you need anything, you know where to find me so please feel free to contact me with your questions,

 

 

Please be kind enough to rate my service to you as "Excellent Service",

 

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


thanks andrea. i probably am worrying too much but lately it seems that if anything can go wrong it will go wrong in my life so i'm overpreparing.


thanks again for your help.

Expert:  Andrea, Esq. replied 1 year ago.

Trust me, I know that all too well, It has a snowball effect in my life. Once things start going wrong it's like a snowball rolling downhill, picking up momentum as it goes; yes, I certainly know that feeling. But, you have to also realize that it is this feeling of a lack of control that incites negative feelings which evolve into worrying needlessly over everything. So, you have to arrest those feelings before they get out of control,

 

Take it easy and everything will fall into place, just put one foot in front of the other and take one step at a time,

 

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you

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Andrea, Esq.
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