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Recent Confession of Judgment questions

My husband is a dentist in Bernville, PA and has been now

My husband is a dentist in Bernville, PA and has been now for over 30 years. On June 23rd, 2014 we showed up at our place of business to find out that the office, which was located in the basement of a building, had been flooded by a pipe that had burst from the office above. As repairs were not being done properly, we sent a letter to the landlord early July 2014 stating we would not be returning and that he would be hearing from our attorney. We then met with an attorney from Pottsville, PA stated our case and paid him a retainer to manage our case with the landlord to either force the repairs to be done properly or we would vacate the property. The landlord's attorney started sending letters demanding we return and threatening a confession of judgement. We called this attorney's office several times sent him faxes (attached is one of those faxes) of the letters we were getting and were not getting any response. We also got no answers to our calls. Early October 2014 we received a letter from the attorney advising us he would not be able to represent us because he was too busy. (Letter attached) As we thought we had representation we did not respond to the landlord's attorney's request. These missteps started a snowball effect that has devastated us emotionally and financially.Immediately I contacted a friend that had represented our daughter. She had moved to Florida but still had her license in Pennsylvania. By October 13, 2014 she began negotiating on our behalf. She was the only attorney we felt truly tried to help us, however, she was in a disadvantaged position as so much time had lapsed and the fact that she was not in the state. She assisted us through the month of October until it became apparent we needed to secure local counsel.Shortly thereafter, we received a notice for confession of judgment. (Refer to docket summary attached) As now we found ourselves without an attorney I, with the help of family members who are attorneys in other states, had to respond “pro se” on his behalf in order to open the judgment. I was able to open the judgement and got a hearing. Those same family members advised us to get representation for the hearing, and so we did.We hired another attorney around the middle of December, and paid him a retainer. We had met for one hour more or less prior to the hearing and had sent him one fax. My husband and I were prepared to defend our position in this case and had documentation to back up our claims. We felt confident that the judgment would be stricken.When we arrived for the hearing, our attorney had to sign in as our attorney since all the paperwork had been filed “pro se”. This action was witnessed by the landlord's attorney. The landlord's attorney proceeded to call our attorney over to talk. After their conversation our attorney advised us that the proceeding was being changed from a hearing to an argument. We inquired as to the meaning of an argument. He explained that only the attorneys got to speak and that we must sit in the audience. We expressed our concerns, non-the-less the proceeding continued as an argument. Our concerns turned into appalment as we watched our attorney struggle to respond to allegations the landlords attorney was making that we knew were false and or incorrect. Our attorney was not and could not have been prepared to handle this hearing without our input since we had only briefly met before the hearing. One of those misrepresentations was that they were referring to a lease signed two years prior. My husband had been a tenant there for 28 years. Our attorney mentioned that this had been a business relationship of 28 years. The judge paused but did not seem to understand that what he was trying to say was that my husband had been a tenant there for 28 years. We are certain of the Judges misunderstanding because he stated in his opinion “tenant of 2 years”.When the argument concluded I asked our attorney how he felt the procJA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: Is someone thereJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: I have a complaint ready to go to the disciplinary board of the supreme court of paJA: Anything else you want the lawyer to know before I connect you?Customer: Would the law suit against the insurance company be on a contingency?

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John

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In Utah does a confession of judgement rise to the same

In Utah does a confession of judgement rise to the same level as a consensual lien when it comes to avoidance status or is it treated as a judicial lien subject to avoidance? I'm particularly interested in how a confession of judgement would be treated in the context of the Utah code which states:(3) A homestead is exempt from judicial lien and from levy, execution, or forced sale except for:(a) statutory liens for property taxes and assessments on the property;(b) security interests in the property and judicial liens for debts created for the purchase price ofthe property;(c) judicial liens obtained on debts created by failure to provide support or maintenance fordependent children; and(d) consensual liens obtained on debts created by mutual contract.As to (d) above is the confession of judgement tantamount to a consensual lien?

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Ray

Lawyer

Doctoral Degree

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I am in a civil contract debt law suit, in Texas and will

I am in a civil contract debt law suit, in Texas and will more than likely lose on unjust enrichment.My question is can I shorten the process save opposition legal fees, I am pro se, by filing a motion for summary judgement?Synopsis:at real estate closing Title Company knowingly issued a check to me without paying off lienholder, I took that money paid my debt to the IRS, since then the Title Insurance Companyhad to payoff my lender. I have no non exempt property, I have offered to payback over time but no reply, bench trial is in one month.Barry

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I am a commercial landlord,i have a 10 yr lease with a

i am a commercial landlord,i have a 10 yr lease with a person/llcless than 1 yr in she tells me today shes going bankrupt and not paying me a dime.there is a confesion of judgement clause but im not sure what any of it means.thec lawyer i had draft it helped her too?can you helpcan you tell me what she is actually obligated to me forare contracts only good for good peopleim sure i would be forced to honor itthanx grace

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Loren

Juris Doctor

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I have recd a confession of judgement. what exatly are my rights

i have recd a confession of judgement. what exatly are my rights , it is a judgement that I am paying on and now they are asking me to sign and notorize hat I wil pay plus interest, and I give up my right to trail and canot contest it. will I ever be able to file banrupcy or get the interest reduced.

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Thomas Swartz

Attorney

Juris Doctor

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How can I sue a relative that refused to pay for a 30

how can I sue a relative that refused to pay for a 30 thousand dollar debt it was a verbal agreement, I do have witnesses, I been searching but all that i found so far is smal claims I am unsure if the motion for summary judgment will work to start a case please advise me how can I open a case in the iowa court

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LegalKnowledge

Juris Doctor

33,216 satisfied customers
I have a business in Texas and another business in New

Hi, I have a business in Texas and another business in New Hampshire owes me money for goods sold.How can I set up a legal payment agreement so that they can pay me back.. and if they don't I need to pursue further legal action.

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Loren

Juris Doctor

40,370 satisfied customers
I attempted to file a contract lien (claim of lien) by affidavit

I attempted to file a contract lien (claim of lien) by affidavit with circuit court of Maryland, including evidence of due process and dishonor (demand notices for settlement) and memorandum of law, including the rights to file the lien without any judicial determination.The claim was returned in one day by the deputy clerk declaring it is "not a recordable document" without any explanation. They keep the filing fee. Maryland does allow judgment by confession which is how the claim of lien arose, though I used the term nil dicit to justify the claim.

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Dwayne B.

Juris Doctor

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My son's bank account has been garnished because he fell behind

My son's bank account has been garnished because he fell behind on a credit card agreement (a payoff) for a total of $100.00(Arkansas).They took everything. Now there is no money for living expenses and other payments coming out of his acount. His payroll is direct deposited, and he is also expecting an IRS refund to be direct deposited. What can he do?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
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