Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I ordered the Judge to Compel plaintiff to answer Interrogatories.

The plaintiff has not answered any...
I ordered the Judge to Compel plaintiff to answer Interrogatories. The plaintiff has not answered

any of them, but wants to pursue a summary judgement. I have sent to the Judge an update that

the Plaintiff has not responded to the interrogatories, and discovery. Are there any other steps for

me to do?
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 hours by:
1/1/2010
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.




Yes. Just because the Plaintiff moves for summary judgment does NOT relieve him of the duty to answer Discovery.What you have to do is to file a Motion for Enforcement by Compel. A Motion for Compel (MoC) is essentially the device you use to make sure the other party follows the temporary or permanent orders set out by the Judge. It doesn't matter when the original orders were - 5 weeks of 15 years ago - as long as they are still alive, they are binding.Once a MoC is filed, a hearing date is set, and the other side is served. At the hearing, you or your attorney outline the things that the other side has not lived up to (which would also be spelled out in the motion). The Judges do NOT like it when their orders aren't followed (theirs, or their predecessors - all the same). They will demand a reasonable explanation, and by reasonable, I mean a life/death/imminent harm reason.When they get none, they will verbally admonish (i.e. scream) at the them, and then tell them that they have 15/30/however many days to do what they have to. At your request, they can also be made to pay for your costs in brining this motion (attorney costs and service, etc). An enforcement hearing will be set later. If they STILL do not perform, the Judge may assign punitive damages, or even imprison. Repeated shortcoming can be cause for a Motion for Contempt, which might hold a jail sentence to set them straight.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”


















Ask Your Own Legal Question
Customer reply replied 8 years ago
Hi, Eli,
The plaintiff did not respond to my "admit or deny" interrogatory in the time allowed. I made it clear that what I sent was a lawful notification which requires written response to me specific to the subject matter: "failure to respond within 5 days from receipt of this demand, as stipulated, and rebut, with particularity, everthing in this leltter with which you disagree is your lawful, legal and binding agreement with the admission to the fact that everything in this letter is true, correct, legal, lawful and binding upon you in any court, anywhere in America, without protest or objection. YOUR SILENCE IS YOUR ACQUIESCENCE.

This is the third demand for particular discovery and the plaintiff has only sent copies of documents that answer nothing.

The hearing for the Summary Judgment of foreclosure is just 14 days away. Can the court go ahead with that hearing when full discovery has been demanded but has been ignored?

With Admissions in this interrogatory, I will win my case hands down! The plaintiff CANNOT deny these well-planned statements or the judge will know that he is lying.

I am in a cancer treatment facility 3,000 miles away from the court. (1) Can I set a hearing date for a Motion for Enforcement by Compel when I know I cannot attend?

(2) How about if I send a Request to Compel Plaintiff to answer? Complete with the "Grant or Deny" order? SS envelopes included.

(3) But shouldn't the UNANSWERED Demand for Discovery Interrogatory be enough to end the contraversey (sic.)?

The judge also GRANTED my demand to compel the plaintiff to show me and my accountant the original, wet-ink, untampered, signed copy of my mortgage and my note.

(4) What form of demand should I use to let the Court know that plaintiff refused to show me those documents (of course, he doesn't have them)?

(5) What action could a judge take in this case?

Thanks for being there, Eli !!! Leigh and Manx

"The hearing for the Summary Judgment of foreclosure is just 14 days away. Can the court go ahead with that hearing when full discovery has been demanded but has been ignored?"Summary Judgment - yes, because summaru judgment is a motion by a party saying "there's no question of law here." Too hard to explain, but yes - summary judgment can go ahead without discovery. (1) Can I set a hearing date for a Motion for Enforcement by Compel when I know I cannot attend? YOU CAN TRY, AND ATTACH A MOTION FOR TELEPHONIC HEARING. THEN CALL THE CLERK, EXPLAIN THE SITUATION, AND SEE IF THE JUDGE WILL PRE-GRANT THE MOTION FOR THE TELEPHONIC HEARING FOR THE MOTION TO COMPEL.



(2) How about if I send a Request to Compel Plaintiff to answer? Complete with the "Grant or Deny" order? SS envelopes included.
NO - MOTION TO COMPEL IS BROUGHT BEFORE THE COURT. YOU'LL HAVE TO SERVE THEM ANYWAYS, OF COURSE, BUT IT HAS NO POWER UNLESS HEARD BY THE COURT. YOU CAN TRY TO SCARE THEM BY SAYING "I'LL SET THIS FOR HEARING IF YOU DO NOT FOLLOW THROUGH," BUT THAT'S UP TO YOU.

(3) But shouldn't the UNANSWERED Demand for Discovery Interrogatory be enough to end the contraversey (sic.)? NO. :\



The judge also GRANTED my demand to compel the plaintiff to show me and my accountant the original, wet-ink, untampered, signed copy of my mortgage and my note. IF THEY STILL DID NOT FOLLOW THROUGH AFTER THE MOTION TO COMPEL HAS BEEN GRANTED, NEXT IS A MOTION FOR CONTEMPT - WHICH CAN BE A FINE AND JAIL TIME FOR THEM.



(4) What form of demand should I use to let the Court know that plaintiff refused to show me those documents (of course, he doesn't have them)? MOTION TO COMPEL. THEN MOTION FOR CONTEMPT IF THEY STILL DO NOT FOLLOW THROUGH.



(5) What action could a judge take in this case? ADMONISH (YELL) AT THEM, ACCUSE THEM OF WASTING EVERYONE'S TIME, ORDER THE DISCOVERY TO BE DONE, AND ASSIGN YOU THE LEGAL, FILING, AND ATTORNEY FEES FOR THE MOTION. SAME THING FOR MOTION TO CONTEMPT, BUT THAT CAN HAVE JAIL TIME.

So to make them do it, first do a Motion to Compel, and then if they STILL don't do it, file a Motion for Contempt.Discovery (Interrogatories, Disclosure, Admissions, etc.) --> Motion to Compel --> Motion for Contempt.NOTE: If they don't answer the admissions, they are DEEMED to be admitted. So if they missed admissions, file a Motion for Summary Judgment based on the fact that they have "admitted" to everything.I know this is a lot to take in. I'm here if you need more info and/or clarification.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

























Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
Hello Eli,
The questions I previously asked you I still intend to follow through. As I stated in the past that I am 3,000 miles away in a Cancer Clinic. My health since I talked with you and had the last hearing had gotten complicated, and almost died from infection etc...
Now I have the hearing again for the summary judgement, tomorrow
What can I say to the judge about the reasons why I didn't file A motion to Compel?
Another words I was so sick, and have been with Double breast Cancer, and only got the notice of this hearing this past Friday. I called the court to ask if I could do the telephonic hearing on friday , and couldn't get through to ask the right person to do the telephonic hearing. I'm also in California, and the case is in Florida. So there was and is a Time difference as well. Is there an emergency motion I can file or Do I just call the court tomorrow before the hearing time to see if I can be included in the hearing? Also at the last hearing the Plantiff wasn't prepared at all, and the Judge admonished her, and told me that the next heaing I wouldn't have to pay for, and to remind him, but I didn't get notice of the hearing until this past Friday as I stated earlier. Leigh
Customer reply replied 7 years ago
Hello Eli,
The questions I previously asked you I still intend to follow through. As I stated in the past that I am 3,000 miles away in a Cancer Clinic. My health since I talked with you and had the last hearing had gotten complicated, and almost died from infection etc...
Now I have the hearing again for the summary judgement, tomorrow
What can I say to the judge about the reasons why I didn't file A motion to Compel?
Another words I was so sick, and have been with Double breast Cancer, and only got the notice of this hearing this past Friday. I called the court to ask if I could do the telephonic hearing on friday , and couldn't get through to ask the right person to do the telephonic hearing. I'm also in California, and the case is in Florida. So there was and is a Time difference as well. Is there an emergency motion I can file or Do I just call the court tomorrow before the hearing time to see if I can be included in the hearing? Also at the last hearing the Plantiff wasn't prepared at all, and the Judge admonished her, and told me that the next heaing I wouldn't have to pay for, and to remind him, but I didn't get notice of the hearing until this past Friday as I stated earlier. Leigh
Hello,Can you give me a few hours to answer your question?
Ask Your Own Legal Question
Hello,I lost the question link, I am sorry. I am working on this today.
Ask Your Own Legal Question
Hello,Hopefully this has gotten to you in time. I am sorry for your situation. Your mitigating factors do influence the situation. If you still can, you need to just fax the court the motion for telephonic hearing, explaining the situation, and hopefully the Court clerk will present it to the Judge. Make sure to follow up and to ask if it was received. In fact, do to your condition, you need to ask the Court to delay the proceedings all together until you get better. Your BEST bet is to have counsel come in for you. Perhaps I can help you find someone - let me know.
Ask Your Own Legal Question
Customer reply replied 7 years ago
Hello Eli,

Where you replied you lost the question link you also lost the question. The hearring is over and done with. We kind of figured because the first hearring in Feb 2010 the Plaintiff
wasn't prepared at that telephonic hearing, and it literally got re-scheduled to this past Monday's hearing. So that was almost 7 months since we filed any new motions, pleadings, or any of your previous advice because of the illness. But I wanted to know does it make a difference whether it was 2 rental properties, and not where I am living.
However where I live is also up for foreclosure. I still am in the process of defending where I live . I have some questions for you , but not in this reply. I need to clear up the first 2 foreclosures first. So this isn't complicated. I sent you a previuos group of questions that must of got lost. Because all that happened is your program at Just ask
posted the same question twice. Are you still working on those questions?
No, I did not get them. Can you please send again?
Ask Your Own Legal Question
Customer reply replied 7 years ago
Eli,
I don't know verbatim what I asked and got lost.
1. Does it matter in foreclosure if a person is defending rental properties VS their own home?
2. If a person takes the postion in an affirmiative defense of Fraud does it matter?
3. The law firm I was going up against in Florida was indicted along with 3 other firms for being foreclosure mills, and not doing the process properly and forging court documents, but the judge stated at this past Monday's hearing that they had it under advisement and that because of the indictment they are doing things twice. I don't know now that the summary judgement has been granted what I could file or do?
These are just a few questions I remembered, but not all.
I'll answer these and if you think of any more, let me know :)


1. Does it matter in foreclosure if a person is defending rental properties VS their own home? NO.
2. If a person takes the postion in an affirmiative defense of Fraud does it matter? YES, ANY DEFENSE IS A VALID DEFENSE.
3. The law firm I was going up against in Florida was indicted along with 3 other firms for being foreclosure mills, and not doing the process properly and forging court documents, but the judge stated at this past Monday's hearing that they had it under advisement and that because of the indictment they are doing things twice. I don't know now that the summary judgement has been granted what I could file or do? YOU NEED TO CALL THE CLERK OF THE COURT AND SIMPLY ASK IF A SUMMARY JUDGMENT HAS BEEN FILED. That's all :)
Ask Your Own Legal Question
Customer reply replied 7 years ago
Eli ,

What is the process after there is a summary judgement?
What's my recourse Legally?
When you have filed all the proper papers up to a point , and after a judge has compeled and also subpoenad the plaintiff, and it has all kind of been treated as frivolous especially now that we are on the 3rd judge. What can you file after that?
I know because I got sicker with my Cancer and didn't follow up with that is why the judge felt there was nothing he could do. When they say the house will be up for sale
on Dec 21,2010, and the Bank doesn't know that there was a Satisfaction of mortgage filed, and new warranty deed as an ace in the hole. I wanted to bring it up at the telephonic hearing, but I didn't. Any thoughts
Hello,If the other side gets a Summary Judgment, you have to appeal the judgment within 30 days.You have to file an appeal, and with the appeal, a motion for temporary orders to enjoin (restrict) the sale from happening while the appeal is pending.
Ask Your Own Legal Question
Customer reply replied 7 years ago
Eli,

Do We file an appeal with the same court that made the judgement? Or do I have to go to the Appeal court to file an Appeal?
The appeal would actually be with the appellate division.
Ask Your Own Legal Question
Customer reply replied 7 years ago
Eli,
We had on June 10,2009 got an order from Judge Shields McMannus from the 19th District Circuit Court, and given until July

10,2009. Plaintiff didn't comply with the Judges order to Compel.. We filed a Subpoena Duces Tecum after this and the Plaintiff was dismissive, and treated this Subpoena as frivolous , and I

got sicker with my double breast cancer, and didn't follow up with a hearing about these issues, and as a result I think that's why the 3rd Judge just gave the Plaintiff a Final Judgment of

Mortgage foreclosure.

Is my next step to File an Appeal with the 4DCA?": Do I file an appeal, and with the appeal, a motion for temporary orders to enjoin (restrict) the sale from happening while the appeal is pending.

The Time line of what I stated above is below this:

We had been doing everything ourselves up until the last hearing in Feb of 2010, and then about 7 months passed , and because of Leigh's health we didn't follow through with some things that we could of. This past Tuesday 2 days before Leigh's Cancer surgery there was a Telephonic Hearing with yet a 3rd Judge, and

we had just hear that the Law Group Watson for the Plaintiff was indicted along with 3 other law groups for sending in false assignments, and affidavit's etc..

We know it is still all based on contract law whether you live in the property or it's investment property correct? I mean Contract law is contract law and Fraud is fraud, and doesn't matter which you are defending.
These properties are all in Florida. 2 are in Port st. Lucie, and the last one is in Palm Beach County.

1. There is one other thing that has been done on all 3 houses being foreclosed. Have you heard of the right to Rescind with a Notice of Revocation
of Power of Attorney which was sent to the Bank of Original loan and Mers
2. Followed by Notice of Successor Grantee and Appointment
3. Statement of Breach and Unauthorized Appointment of Substitution Grantee/ Trustee
4. Notice of Removal
5. Notice of Right to Cancel and opportunity to Cure
6. Addendum to : Notice of Right to Cancel and Opportunity to Cure

After all these were sent and filed then a Satisfaction of Mortgage is filed and recorded with the Clerk, and then a New Warranty Deed is issued.
Because of this filing the Plaintiff should no longer have standing especially when all the above has occured and been filed. We thought as a last resort there would be no way Plaintiff could get the property, and we could file a quiet title.
Have you heard of this process Eli? Could you please call me as my days are numbered especially because of my cancer. Thanks so much.
Leigh Westbrook XXX-XXX-XXXX
Correct, you can appeal to the appellate division and at the same time, put in a motion for stay, to enjoin the order from being carried out while the appeal is sought. The court may or may not approve the stay (i.e. the injunction) while the appeal is considered.As for the process, I am afraid this is somewhat too complex to be answered via this medium, but generally speaking, you CAN challenge the title transfer within TEN days of sale if the proper notices like you possibly describe were not executed (if, for example, proper procedures were not followed or collusion existed between the bidders). F.S. Chapter 702.
Ask Your Own Legal Question
Customer reply replied 7 years ago
Eli
When i was talking about the process above with the 6 steps I listed these were from a process we hired a company to contact the original loan holder which the loan number has not changed since the conseption of the mortgage. They applied the 6 step process,
and obtained a Satisfaction of Mortgage, and new warranty deed filed at the Clerk of courts office. The point to this whole thing is that it was my last ditch effort to save my house throught this process in which the Paintiff was removed from the Deed of Trust, and because of this they have No standing in this case when they have been removed.
They actually because they have no standing are comitting Fraud upon the court. They still got a summary judgement because none of what I just told you was brought to the attention of the court. This is something we were going to bring to the attention of this 3rd Judge who assured us there committee checked and rechecked everything with this case, but obviuosly didn't check with the Clerk of Court to see that a Satisfaction of Mortgage was filed, and New Warranty Deed was issued. So we file with the Court who granted a Summary Judgement a :

DEFENDANT’S MOTION TO VACATE JUDGMENT

Comes now the defendant, [Leigh Westbrook], by and through undersigned

counsel, and hereby files their motion to vacate foreclosure judgment, pursuant to Rules

1.540(b) Fla. R. Civ. P., states:


1. Florida Rule of Civil Procedure 1.540(b) provides in pertinent part:

On motion and upon such terms as are just, the court may relieve a party or a

party’s legal representative from a final judgment, decree, order, or proceeding

for the following reasons:… (3) fraud (whether heretofore denominated intrinsic

or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that

the judgment or decree is void; This rule does not limit the power of a court to

entertain an independent action to relieve a party from a judgment, decree, order,

or proceeding or to set aside a judgment or decree for fraud upon the court.

2. The plaintiff ’s complaint fails to contain sufficient facts to establish who the

plaintiff is and its relationship to the defendant and to the claim for foreclosure of a

promissory note, including the date of the alleged assignment of the mortgage and note, and

the identity of the owner of the subject promissory note. The complaint fails to sufficiently

identify who the plaintiff is and fails to allege facts sufficient to determine the standing of

the plaintiff.

3. Florida Rule of Civil Procedure 1.130(a) provides in pertinent part: “All bonds,

notes, bills of exchange, contracts, accounts, or documents upon which action may be

brought or defense made, or a copy thereof or a copy of the portions thereof material to

the pleadings, shall be incorporated in or attached to the pleading.”

4. Plaintiff attaches documents to its complaint that conflict with the allegations of

material facts in the complaint in which the plaintiff claims that it “owns the Note” and

Mortgage by virtue of an unrecorded assignment that does not allege when the assignment

occurred. These allegations conflict with the mortgage attached to the complaint that

identifies [name original mortgagee], as the lender with the security interest. These

allegations therefore constitute serious misrepresentations and could be construed as a fraud

upon the court.

1





5. Additionally plaintiff makes allegations in its complaint that conflict with the

documents attached thereto as to who owned the subject note at the time the note was

allegedly lost.

6. When exhibits are inconsistent with the plaintiff ’s allegations of material fact as to

whom the real party in interest is, such allegations cancel each other out. Fladell v. Palm Beach

County Canvassing Board, 772 So.2d 1240 (Fla. 2000); Greenwald v. Triple D Properties, Inc., 424

So. 2d 185, 187 (Fla. 4th DCA 1983); Costa Bella Development Corp. v. Costa Development Corp.,

441 So. 2d 1114 (Fla. 3rd DCA 1983).

7. Florida Rule of Civil Procedure 1.130(b) provides in pertinent part: “Any exhibit

attached to a pleading shall be considered a part thereof for all purposes.” Because the facts

revealed by Plaintiff ’s exhibit are inconsistent with Plaintiff ’s allegations as to its ownership

of the subject note and mortgage, those allegations are neutralized and Plaintiff ’s complaint

is rendered objectionable. Greenwald v. Triple D Properties, Inc., 424 So. 2d 185, 187 (Fla.

4th DCA 1983).

8.

Florida Rule of Civil Procedure 1.210(a) provides in pertinent part:

“Every action may be prosecuted in the name of the real party in

interest, but a personal representative, administrator, guardian, trustee

of an express trust, a party with whom or in whose name a contract

has been made for the benefit of another, or a party expressly

authorized by statute may sue in that person’s own name without

joining the party for whose benefit the action is brought.”

9. The Plaintiff in this action meets none of those criteria. Because the exhibit

attached to Plaintiff ’s complaint is inconsistent with Plaintiff ’s allegations as to ownership of

the subject promissory note and mortgage, Plaintiff has failed to establish itself as the real

party in interest and has failed to state a cause of action.

10. In Florida, the prosecution of a foreclosure action is by the owner and holder of

the mortgage and the note. Your Construction Center, Inc. v. Gross, 316 So. 2d 596 (Fl. 4th DCA

1975)

11. The Defendants recognize the precedent set in WM Specialty Mortgage, LLC v.

Salmon, 874 So.2d 680 (Fla 4th DCA 2004) regarding the assignment of a mortgage. However

as the Second District Court of Appeals noted, standing requires that the party prosecuting

the action have a sufficient stake in the outcome and that the party bringing the claim be

recognized in the law as being a real party in interest entitled to bring the claim as of the

date of the commencement of the action. The plaintiff ’s failure to meet the standing

requirements as of the commencement of this foreclosure action renders the complaint

fatally defective and, therefore constitutes misrepresentation as to who the Plaintiff really is.

The assignment cannot post date the filing of this action if assignment does not relate back

to the commencement of the litigation. Progressive Express Insurance Company v. McGrath

Community Chiropractic, 913 So.2d 1281 (Fla. 2nd DCA 2005).

12. The Plaintiff, in its complaint alleges that it “owns the Note and Mortgage”

however it has failed to produce any material evidence to support its claim. In the absence of

2





this evidence the Plaintiff is clearly misrepresenting themselves as the real party in interest

and the holder in due course with legal standing to bring this cause of action against the

defendant.


13. The Plaintiff alleges that it is the holder in due course on the subject mortgage

and note yet it is the belief of the Defendant that the note was part of larger securitization

process and sold to several un-named parties and beneficial owners and any claims by

Plaintiff, in the absence of the original note endorsed to Plaintiff, are a clear

misrepresentation of the actual facts.

14. It is the position of the Defendant that if the courts were to allow a Plaintiff to

bring a cause of action in a scenario where the Plaintiff alleges that it owns a certain note

and mortgage but fails to provide any evidence to the courts that this, in fact true, the courts

would open the door to incredible harm to any homeowner whose home is secured by a

mortgage.

15. If the court were to allow the Plaintiff in this case to prevail in light of serious

misrepresentation and fraud upon the court, it would result in a major injustice to the

Defendant. The Court cannot be in a position of enabling Plaintiff and its attorneys to

commit material misrepresentation or felony crimes.

WHEREFORE, Defendant requests this court grant Defendant’s motion for

vacating judgment and for all other relief to which these defendants prove themselves

entitled.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing was served via

regular U.S. Mail to: XXXXX XXXXX ADDRESS on this XXth day of XXXXX,

2010.


Leigh Westbrook

ADDRESS

Phone

Fax


THen we file an Appeal with the Appeal court that the Lower Court didn't honor our Discovery, motions, and Pleadings. Correct



The motion is fine, but this 6 step process isn't something that is specifically a part of any type of legal 'procedure,' but something that they squarely came up with. I haven't 'heard' of it, I am afraid. It is not so much a 'process' but a 'legal strategy' they came up with, which has a lot pinned on variables that hey cannot guarantee. I'd venture to say it is not a guaranteed success, I am afraid.
Ask Your Own Legal Question
Customer reply replied 5 years ago
Hello ELY,

I haven't responded to you since oct 25th 2010. My great friend & Mentor
which is the reason we contacted you in the first place Died in November in the same year. The issues that we contacted don't exist anymore, but I have a new one. Do we stil have an $18 credit?
Hello!

I am very sorry for your loss.

I do not have access to your billing profile. JustAnswer experts simply answer questions. We are not in charge of the billing aspects. You may go to www.justanswer.com/help to inquire about your billing, and you can always link to my profile for another question at a later time:

www.justanswer.com/law/expert-elyJD/
Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,919
102,919 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,919 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am appealing a restraining order in Oregon's Circuit Court
I am appealing a restraining order in Oregon's Circuit Court Tomorrow, and need to understand the protocol at such a proceeding. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
RE: Maine warranty Deed What does this statement mean "Give,
RE: Maine warranty Deed What does this statement mean "Give, Grant, Bargain, Sell and Convey unto the said (3 names), as joint tenants and not as tenants in common, and their heirs and assigns, and th… read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is about powers of attorney and what happens when the
it is about powers of attorney and what happens when the party gave it dies … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
FOR LAW EDUCATOR, ESQ.: PLAINTIFF's Summary Judgment Motion
FOR LAW EDUCATOR, ESQ.:PLAINTIFF's Summary Judgment Motion Fails To Comply with CPLR §§ 3013 and 3014 and should be denied.I received a "Summary Judgment Motion" in an instant foreclosure matter it is… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have just been hit with a summary judgment and want to fie
I have just been hit with a summary judgment and want to fie they would now like me to file an affidavit and also the judge that is on my case I have been successful in having him found with conduct n… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
Can a retired circuit court judge in Nashville, Tennessee
Can a retired circuit court judge in Nashville, Tennessee preside over a civil wedding in Aspen,Colorado and sign the marriage certificate? If not are any commits rules that would authorize his author… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
If someone has a power of attorney, can they use that to get
if someone has a power of attorney, can they use that to get phone records for that persons phone… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
Seller signed a general warranty deed to property over to
Ok...seller signed a general warranty deed to property over to me. Seller changed mind and wants me to sign deed back over to her. Thing is, I'm out over $2,000.00 and the seller really wasted my time… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
NEED LEGAL ADVICE ABOUT MEANING OF "WARRANTY DEED IN LIEU OF
NEED LEGAL ADVICE ABOUT MEANING OF "WARRANTY DEED IN LIEU OF FORECLOSURE" … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I received a circuit court disposition order in and for
I received a circuit court disposition order in and for browsed county . It says restitution converted to civil lien. I have several questions… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
Filed motion to stay money judgement in circuit court
filed motion to stay money judgement in circuit court pending appeal refused to rule citing lack of jurisdiction appellate court denied … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Punitive damages cap for physicians in Utah? Have there been
Have there been successful cases against physicians in Utah for punitive damages … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
We have a clause in our Warranty Deed, that states the
We have a clause in our Warranty Deed, that states the Electric Company has the right to operate an electrical generation plant. Which is on the lot next to ours. They actually built a new plant four … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
In an opposition to summary judgment, can I add a motion to
in an opposition to summary judgment, can I add a motion to strike an affidavit the opposition included in their MSJ or do I have to do a separate motion to strike?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can I file an appeal on a summary judgment, DC, what do you
I just received that the other party won their summary judgment can I file an appeal … read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
THe warranty deed will it be affected by the previous owner
THe warranty deed will it be affected by the previous owner having her maiden name on the county records but is now married ? … read more
Ely
Ely
Counselor at Law
102,919 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x