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Recent Motion for Dismissal questions

Is a hearing reqyired in a motion to dismiss an enforcement

Is a hearing reqyired in a motion to dismiss an enforcement action for arrears? Or can judgment be made based on the pleadings?

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Legal Eagle

Attorney

Doctoral Degree

3,844 satisfied customers
I have a $20,000 promissory note with a 23% interest rate

I have a $20,000 promissory note with a 23% interest rate which I believe is usurious contract.I want to file a Motion to Dismiss. It is pursuant to Florida statute 682.02 which exceeds the legal limits permitted by law then is void as an illegal binding contract with unenforceable terms. It is my understanding that a promise Siri note is a binding legal document and so it would need the parties to execute an amendment in order to change any of the terms one party cannot unilaterally modify it. Amendment would need to be consented to by both parties the void contract is void.

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Legal Eagle

Attorney

Doctoral Degree

3,844 satisfied customers
Second opinion] Last fall a judge ruled in my favor that I

[Second opinion] Last fall a judge ruled in my favor that I proved that I wanted to sell our house. With that ruling my ex could not demand that I pay him 50% of his equity. Nor could he demand that I sell the house at his price. He is now making the same motion he did then (only we have a different judge now). What is my situation? How best to respond to this motion? Can the new judge re-address the same motion?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

118,012 satisfied customers
Last fall a judge ruled in my favor that I proved that I

For Law EducatorLast fall a judge ruled in my favor that I proved that I wanted to sell our house. With that ruling my ex could not demand that I pay him 50% of his equity. Nor could he demand that I sell the house at his price.He is now making the same motion he did then (only we have a different judge now). What is my situation? How best to respond to this motion? Can the new judge re-address the same motion?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

118,012 satisfied customers
I recently contacted you about how to draft a response and

Hi Gerald,I recently contacted you about how to draft a response and to a complaint in North Carolina. I also attached a motion to dismiss but I think may have been overlooked. I recently got a letter from the courts apparently after my ex wife's attorney pushed for arbitration. I was wondering if you had any tips for this new process or even better if I can push for dismissal since it looks like my motion was overlooked. What are my options? This was in regards ***** ***** exa claim that I should pay for her sons cosmetic dental implants plus her legal fees to pursue payment.

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Gerald, Esq

Juris Doctor

7,424 satisfied customers
Can a owner of a corporation withdraw from a chapter 7

can a owner of a corporation withdraw from a chapter 7 bankrupsy after it was filed without any penalty ?

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Terry L.

Partner

Doctoral Degree

3,000 satisfied customers
Morning, how is a bench warrant in municipsl court of nj

Morning, how long is a bench warrant in municipsl court of nj good forJA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: New jerseyJA: Has anything been filed or reported?Customer: I have a complaint for cyber harassment, they was no evidence in discovery which I asked for and it took 4 months to receive. I made a trip from Florida to NJ with the intention of having a hearing and ending it, but the judge wouldn't let me speak and wants to schedule another dsteJA: Anything else you want the lawyer to know before I connect you?Customer: I am going to submit¥ a motion to Dismiss and never coming back to this state. I have PTSD caused while in NJ, my doctor sent a letter to the judge which was ignored. While in NJ, I had a relapse and total breakdown

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LegalKnowledge

Juris Doctor

36,956 satisfied customers
About Warrant in Debt, I have talked with the attorney for

About Warrant in DebtJA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: VirginiaJA: Has anything been filed or reported?Customer: I have talked with the attorney for the plaintiff and agreed and started to pay recurring monthly payments before court date, what should i do next?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: OKJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Lucy, Esq.

Juris Doctor

34,028 satisfied customers
Statue of Limitations, I Am a US Veteran who was forced to

Statue of Limitations, I Am a US Veteran who was forced to short sale my home because I had a fool for an attorney, myself. My question is primarily about a possible statue of limitations, to sue for recovery of money that was over paid to an Fl. HOA, and their law firm by the title co. who handled the short sale.Because the law firm refused to correct,fix or amend their original submitted estoppel letter prior to the scheduled closing to accurately reflect the District Court's amended final judgment.Therefor at the closing of my short sale the title co. was forced to payout thousands of dollars out of my proceeds over & above the court ordered amended final judgment to satisfy the inaccurate estoppel letter or post pone the closing and lose a potential cash buyer. That over payment of approx. $ 6,000 to the law firm & the HOA has never been paid back to date, despite repeated requests to refund any or all monies they obtained over the court ordered amended final judgment. In fact they have repeatedly refused to refund the difference and told me consult an attorney. Time line, approx. Sept. 03/13 I lost a ambush hearing for summary judgment on my HOA foreclosure, The court than set a follow up hearing for Nov 6th 2013 to argue attorney fees .During that hearing the plaintiff's law firm won a final judgment of approx. $12, 900.00 total for all matters & ordered the public sale of my families home to commence on Jan.03,2014.Since I didn't have the $12, 900.00 to deposit with the court as security to stay the sale while I hire an attorney & file an appeal. I was forced to file bankruptcy for the first time in my life to buy time to at least short sale my home and get some equity out of the proceeds. I hired a local firm and paid them $1,295.00 for the entire bankruptcy & $300.00 additional to attempt to strip the HOA lien or final judgment. The public sale was stayed pending the federal bankruptcy. On April 8th of 2014 the bankruptcy was discharged pending the HOA lien striping hearing scheduled in June of 2014 . By this time however I had a firm cash offer on my home & a closing date of April 22nd 2014, so I withdrew the motion to strip the lien & my attorney requested the HOA & their law firm to prepare an estoppel letter so the closing could move forward on the agreed date... However they weren't cooperating and the closing was pushed another 30 days to May 23rd 2014. When the estoppel letter finally arrived to the title co. they had increased the the amount to $19,100, ( $6,200 above the court ordered final judgment) & in the mean time the law firm filed a subsequent motion to amend the original final judgment of $ 12,900 to $ 19,100. siting they incurred approx. $6,200 in additional cost, ( at least $ 5,000 of that was attorney fees ) , just to attend a 15 minute federal bankruptcy hearing & file two short responses totaling about 6 pages to the federal court in objection. The amended hearing was set for May 22nd 2014, Now at this hearing I argued to the judge it was absurd to award an additional $ 6,200 & at least $5,000 additional in attorney fees , for about one to two hours legal work objecting to my bankruptcy , especially considering my attorney's only charged me a total of $ 1,595 & they had to prepare countless pages of the filing as well as several phone calls, meetings etc... I requested that I be given an evidentiary hearing & also all discovery of any itemized documents of billing summaries etc.to be able to argue these absurd fees. The judge agreed in part and denied in part with me and awarded the firm appox.. $1,200 above the original final judgment to cover any fees incurred since the final judgment and asked the firm when can they provide me with discovery so he can set a hearing to argue any further fees ,they replied they needed two months , ( wow for what ? that should have been part of the file already ) The judge instructed the firm to supply me with the discovery request if they intend on pursuing this matter any further. Well the next day was the closing of my home & when we contacted them & requested a corrected estoppel letter they refused because they intended on going after me for more fees. My home closed on the next day May 23rd of 2014, a Friday afternoon & the title company was forced to over pay the firm approx. $ 5,000 over and above the legal amount ordered by the court. Soon after I called the firm & asked them to refund my difference or proceed with a hearing , they replied when was I available, I said within a week after they comply with the judge's instructions & hand over the discovery of writings ,documents etc..& I instructed them to forward that discovery to my attorney who handled my bankruptcy.However within days they filed a satisfaction of lien& judgment & a motion to dismiss w/o prejudice which is moot after a final judgment. Is there a time limitation to sue for monies not entitled but they kept. ? & did they have grounds to keep my $$$ ?

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Maverick

Doctoral Degree

8,400 satisfied customers
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