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An appeals judge at district level orders payments of rents
An appeals judge at district level orders payments of rents into escrow prior to appeal to circuit court who is responsible to ensure payment is made.The circuit court claims no responsibility and allows anyone who pays the filing fees to appeal
This is an amendment to my prior question in regard to what
This is an amendment to my prior question in regard to what options I have as a defendant in a small claims judgment where the plaintiff did not appear and a default judgment was issued. The plaintiff has made a motion to remove the default judgment. The hearing of this motion is scheduled for 5/18/2016. Is there anything that I can do to challenge this motion and cancel this hearing date before 5/18/2016. His reason for making the motion is that "(he) mixed up (his) date at trial ...".Thank you.Robert Holbrook
I have been a part of a Small Claims case past
Hello, I have been a part of a Small Claims case for the past 10 years. I lost the initial case and have been taken back to court twice to produce statements of assets. I have consistently made payments for the past 10 years, though admittedly during various periods of unemployment, the payments were reduced by mutual agreement between both parties. In June of 2015, I lost my job and experienced a long period of unemployment. In July of 2015, the other party approached me outside the court system with a request for a lump sum payment. We offered a small settlement, but had no response. I recently have been served with an Order To Produce Statement of Assets and to Appear for Examination. Can you help or direct me to where I can find someone to help me resolve this issue? It was my understanding the Statute of Limitations on all Small Claims cases was 10 years.Thank you
My mom was involved in a auto accident case in FL where she
My mom was involved in a auto accident case in FL where she lives. She had hired a lawyer who recovered $100k for her from the driver's insurance company (was very simple, just submitted a demand draft and was immediately paid the policy limit due to severity of her injuries). The lawyer later had to let my mom's case released due to 'conflict of interest' in the case. He also said he can't take any money or fees from us as its not allowed by the FL statue. He referred us to another friend of his who recovered additional money from our auto insurance company under UM. The second attorney claims that his contingency fee of 33% applies on the entire amount, including the first $100k recovered by his buddy - our first lawyer. How can he apply contingency fee on the recovery he didn't make? I asked him and he tells me Florida bar allows it. But on what basis it's allowed. I strongly believe he should not charge my mom fees on amount he did not recover. What do you have to say to this? Will appreciate your opinion. Thanks!
I have been using a debt relief service to negotiate
HelloI have been using a debt relief service to negotiate my credit cards since my income went down 40k in 2 years and a law firm for Discover sued me and subpoenaed me for a court date. I had legal help to file an answer when I was first sued. So my court date was 3/15/16 and I took day off work and showed up prepared to discuss a settlement amount and the judge said she awarded a judgment against me the day before. I'm wondering why I was subpoenaed to appear 3/16 and the atty apparently went the day beforeIs that legal?Thank you
We lost a summary judgement motion in a foreclosure case from
We lost a summary judgement motion in a foreclosure case from the banks attorneys.The judges office filed a copy ( 3/7/16 ) of his decision and order along with the original motion papers from both sides with the county clerks office.The judge sent the original motion papers to the bank with orders under CPLR2220 , where they must file it and serve upon us so the clock for appeal will start.A referee has been assigned in his order as to order of reference. I have been looking in the newspaper where from the date of judgement and sale signed by the judge, auctions take 2 to 4 months to complete.We realize we will file a bankruptcy just before auction happens,but what we don't know is how long from judges decision to his signing the order of sale.The judge in his order has required the bank,referee, to give us 15 days notice in writing of the date and time fixed for reference to object and go to hearings as to the amount to compute as we objected to the amount owed in our motion.1) How much time can we get here fighting the referee and bank forcing the judgement of sale to stop going before the judge and then right to auction?. 2) I think they have to file the judgement and get it certified and then served on us before they can do anything else.It just sits until they do that first? 3) They cant do anything with the referee until they file it first or does that part move ahead no matter what? .He needs the figures from the bank? 4) Seems if we fight the amount owed ,stop the judge from signing , we can get maybe 2 months,but if the bank has to file first then we could get more depending on how long they take maybe 4 months and 3 months with auction extra.5) we are fighting for time here ,will fighting the referee do that for us. NOTE we are still living here and did file an answer ,so they are suppose to notify us as things go forward.
Is this CA judgment renewable based on the minutes below. IView more legal questions
Is this CA judgment renewable based on the minutes below. I changed the identifiable information only but everything else is true.HomeComplaints/PartiesActionsMinutesPending HearingsCase ReportImagesCase Type:Case Number:SearchCase ########## ***** XYZ Bank Collector VS SmithAction:HEARING RE: COURT TRIAL11/15/2005 - 9:30 AM DEPT. C10JUDGE PRO TEM: DIANA PRESIDINGCLERK: DEBBYREPORTER: FRANKCOURT ATTENDANT CARRY-APPEARANCES:ATTORNEY JOHN PRESENT FOR PLAINTIFF/PETITIONER.PARTIES NOT PRESENT: SMITH-PROCEEDINGS:STIPULATION AND ORDER RE: APPOINTMENT OF JUDGE PRO TEM FILED.09:45ABOVE MATTER PROCEEDS AS DEFAULT.FACTS DEEMED ADMITTED READ INTO THE RECORD BY THE COURT.JUDGMENT FOR XYZ BankJUDGMENT AGAINST SMITHJUDGMENT IN THE AMOUNT OF: PRINCIPAL $10,000.75, INTEREST $8,500.00, ATTORNEY FEES $3,400.00, COSTS $0.00, AND DAMAGES $402.00.JUDGMENT TOTAL IS: $########PLUS COSTSCOUNSEL FOR PLAINTIFF TO PREPARE JUDGMENT/NOTICE.ACTION DISPO: JUDGMENT=== MINUTE ORDER END ===