I need to know whether I can use certain evidence in my
I need to know whether I can use certain evidence in my motion for sanctions that I'm about to file. My attorney just dropped me and I'm appearing on my own right now because of some deal that he made with the other attorney I actually have an email from my attorney that says "they have agreed to except service but I have to get out of the case". That's all I know, two days later I got a notice of his motion to withdraw in the mail that showed a hearing date for last Monday but I called the courthouse on Monday and nothing had been scheduled. Four days later I looked on the court website and I saw that the hearing had actually just been the day before, so The papers he sent me were not the same ones filed with the court. He was removed by default. This was actually not my first attorney. My first attorney I was with for almost a year and he ultimately concluded that I would be in better hands with someone more aggressive so in comes this other guy, now when he first came on we filed the petition but we didn't serve it and I couldn't figure out why but later on he told me that the defendants had agreed to accept service and that there was nothing to worry about. then I received an eviction notice in the mail and was thrown out of my home because I had just filed this lawsuit against the trustees that are in charge of my home. So fast-forward a little over a month and it's one day before the eviction hearing and four days before service was due upon the defendants and my attorney calls me up and surprised me by saying that the defendants had NOT agreed to accept service and that there was no time left to do it. Keep in mind he had told me that we were going to fight the infection this entire time and that they had already agreed to accept service long ago. He said that the only way I would have a cases is if I agreed to the eviction by a consent judgment in exchange for the defendants excepting service. So I had no choice but to do it then my attorney sent me an email that says "they have agreed to accept service but I have to get out of the case". Here's my problem: I'm completely overwhelmed with all this paperwork, the defendants have caused me to lose my attorney, and there's a lot more here that I haven't mentioned. For instance, they tried to trick me into it and eviction in the first place. What they did is they scheduled a hearing for 30 days out and delivered that paperwork to me, then they went straight back to the courthouse and cancelled that hearing and rescheduled an alias for only three days away. But they didn't tell me about that. I got lucky and I happened to check the website the day before so I contacted their attorney and he told me that he was going to get a sworn affidavit from the process server saying that I had been delivered the alias, that's what he reported to the court and it was a total lie. I told him that it wasn't possible due to the fact that the alias had been issued after I had been served and I showed him a copy of what I had received and he closed his mouth really quick, but there's no question about it he was planning on me not showing up for the eviction and getting a default judgement. So here I am trying to get the trust to pay for expenses by creating this motion for sanctions and I just read something about how our emails and communications between attorneys or from attorneys cannot be used as evidence , is that correct. Now I've got emails from my old attorney to my new attorney that flat out say that the defendant had agreed to accept service when they had not. I've also got emails from my attorney to me talking About the deal he had made to drop me as a client, and that he was telling me one thing while he was doing another, it's painfully obvious but all my evidence is wrapped up in these emails, can I even use them in this motion for sanctions?
I have a Philadelphia, PA property with a $92K mortgage,
I have a Philadelphia, PA property with a $92K mortgage, that needs approximately $20K in repairs to get it in first-time homebuyer condition to sell for $100K. I likely would not be able to sell it as-is for any more than $65K if I am lucky. I am current on the mortgage, however I am considering letting it default and letting it go to foreclosure.How do I protect myself if I let the property go to foreclosure, so that I am not left with a debt after the foreclosure is finalized? I am not worried about a dip in my credit (current score is 670). Thanks.
My question is about Rule 23 Circuit Courts of Hawaii,
My question is about Rule 23 Circuit Courts of Hawaii, provided below.Here, the judge always has the prevailing counsel write the "order". I understand that has is to be delivered back to court within 10 days, along with "approval as to form". And if the losing party objects they have 5 days to submit the objection. Can this "objection" include the reasons that you object, or does it only apply to an objection that the "order" was done incorrectly or contained content that was incorrect?Rule 23. SETTLEMENT OF JUDGMENTS, DECREES, AND ORDERS.(a) Preparation. Within 10 days after a decision of the court awarding any judgment, decree, or order, including any interlocutory order, the prevailing party, unless otherwise ordered by the court, shall prepare a judgment, decree, or order in accordance with the decision, attempt to secure approval as to form from all other parties, and following such approval deliver the original and 1 copy to the court.(b) Party Approval or Objection to Form; Delivery to Court. If there is no objection to the form of a proposed judgment, decree, or order, the other parties shall promptly approve as to form. If a proposed judgment, decree, or order is not approved as to form by the other parties within 5 days after a written request for approval, the drafting party shall deliver the original and 1 copy to the court along with notice of service on all parties and serve a copy thereof upon each party who has appeared in the action. If any party objects to the form of a proposed judgment, decree, or order, that party shall, within 5 days after service of the proposed judgment, decree, or order, serve upon each party who has appeared in the action and deliver to the court:(1) A statement of objections and the reasons therefor, and(2) The form of the objecting party's proposed judgment, decree, or order.In such event, the court shall proceed to settle the judgment, decree, or order. Failure to file and serve objections and a proposed judgment, decree, or order shall constitute approval as to form of the drafting party's proposed judgment, decree, or order.
What would happen if I go against a consent judgement..will
What would happen if I go against a consent judgement..will I be arrested or just a hearing.. I signed one I feel under false accusations.. I was accused of harassing a priest.. But in all reality I was a victim.. The got rid of me..but the are still sending envelopes asking for moneyJA: OK. The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?Customer: I sent them back with a letter.. Asking them to stop sending mail to my houseJA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
When do consent judgements get filed? I was under a payment
When do consent judgements get filed?JA: Thanks. Can you give me any more details about your issue?Customer: I was under a payment arrangement for a student loan. They changed their system and stopped taking money out of my account for two months. They sent civil papers and now want me to get back on payments but sign a consent judgement. So I'm wondering do they file the judgement only if I miss a payment?JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
I'm at this point with my foreclosure I have offered the
I'm at this point with my foreclosure I have offered the lender 45k to settle the loan, I have been told by my bankruptcy lawyer that I have about 30 days to file chapter 13 if I'm going too, in your opinion am I better off paying the 45k to settle the loan or file , or do nothing and let a judgement be put against my home I live in ? Can you get out of the judgement ? If I settle the loan do they still get the property ?
My name is ***** *****... I'm being sued deficiency balance
My name is ***** *****... I'm being sued for a deficiency balance of a mobile home repo. JA: Thanks. Can you give me any more details about your issue? Customer: It was repo'd (voluntarily) back in January 2011. The summons states, "Defendant failed to pay installment payment due 12/31/2010...elected to accelerate payment of the balance. Defendant owes...that is due on the subject Note." I'm in State of Florida, by the way. JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Is there a chance of fighting a renewed judgement (July
Is there a chance of fighting a renewed judgement (July 2015) on an original judgement from 2005 regarding a hospital bill from March 2004 for approximately $5,500? Better to ignore it? Also, do you have any insight about the meaning of the proposal noted below and advice on whether to consent?The bill was from a 2nd surgery due to a complication from an initial surgery in Dec. 2003 for a crushed wrist suffered in a workplace accident. There was no workman's comp, but the employer accepted responsibility with the hospital and paid for the 1st surgery. It appears the hospital failed to attribute the 2nd surgery to the employer. The current attorney is proposing by letter that we sign a consent judgement and make payments "in an amount that is comfortable to you" and they will "waive any post-judgement interest that WILL accrue" (which judgement?). The letter further states: "Therefore, you will be responsible for paying only the principal amount of the account and filing fees."
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