Search results

You, as the owner of the tree, are responsible for the whole tree. That includes any part of the tree that branches out over your neighbour's property. If it causes any damage to your neighbour, you could be liable. You say "it is not a danger to his property", but he says it drips sap on his...

Quite possibly. It's a contract, you signed it. Does it make a difference that it wasn't notarized?

Do you have a legal question?

I still don't understand the terms of this third agreement. But before you get frustrated, let me say that that might work in your favour. If neither you nor the dealer can coherently explain what this agreement is, then maybe there IS no agreement. You sue him for the $700 because the car...

I don't know how similar it is to issuing an arrest warrant, but generally, you are correct. What you do in many jurisdictions is file a Petition for Contempt.

You can file to have the trustee found in contempt of court. That can carry some pretty heavy sanctions. There might be more, but that's as good a start as any.

No-one here is an expert on French law. I'm curious, though - why do you need this letter?

You could seek to have his objection struck for not being brought within the 10-day period. I note, however, that under Rule 3.1590(j) the court has the discretion to extend the time period: Unless the delay was inordinate (and three days is not) and there is no excuse (and any reasonable...

Write a letter to Lawyer X and a letter to Lawyer Y. Something like: Dear X/Y: Re: Affidavit of Witness in the Will of ___, Deceased Further to our recent conversations, I request your cooperation in the above captioned matter. Despite the comparatively small size of the estate, this is a...

Did you take the car (on condition it worked) or did you not? I still don't understand what your deal was. And I've only had two beers. :) In the event you sue the dealer in small claims court, you are likely to have a judge who is tired, cranky, and pushing the legal limit, if not over it...

He probably didn't "have to" declare bankruptcy. Most bankruptcies are by choice - he was insolvent, so he threw in the towel. I cannot explain to you why the corporation did not "have to" declare bankruptcy. If, as you say, it was broke, it could have voluntary declared bankruptcy or its...

Sounds like you had two, and possibly three agreements. The first was for him to buy the car for you for $X. He bought you the wrong car, so you didn't pay. Fair enough. I understand the second agreement was for him to fix the car, for which you would provide $700 for parts, and then sell it...

He might have a legal leg to stand on against his father for some type of fraud. He might have a claim against the lawyer who, apparently, told him something incorrect about what he was signing. I'm guessing your husband didn't have independent legal advice? Exactly what does the paper that...

Yes, you absolutely should contact a bankruptcy attorney. What the creditors can execute against depends on how the property is owned (i.e. in your husband's name, jointly, etc.). How were the corporations "dissolved" without declaring bankruptcy? Typically when a corporation is dissolved...

Depends your local rules of civil procedure, what the alleged debt is, what defences you might have. Generally, you file a Statement of Defence or similar document showing why you do not owe the money the other side claims.

That's kind of confusing. Can you spell it out for me? What was the agreement about the $700? What was supposed to happen with the car after those parts were put in?

I don't know the rules of civil procedure of your unnamed jurisdiction, but filing the motion to vacate may not stop your garnishment. Often applicants will also need to file an application for a stay of execution or similar, prior to the hearing of your motion itself. You should consult with...

Filling out the form is something that can be required to assist the successful party in collecting their judgment against you. If you simply pay the judgment, filling out the form should be unnecessary. But I would check with the clerk of the court to be sure. You don't want to be found in...

What kind of "guarantee to pay" papers did your father sign? Presumably your FIL's corporations could file for corporate bankruptcy if they qualify. Do they? This is a separate issue from your FIL's personal bankruptcy. It is not clear that this would assist your husband. They can't...

If your question is "should you still be able to cash it", the answer is yes, it is possible for you to cash it, unless the payor has stopped payment on it. If your question is "should you cash it", that's an ethical question and we've already seen where that gets us. :) If your question is...