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  1. FlaRiptide

    Could I win this case?

    It will cost you more than that just to file the civil suit. Even if you won, a judgment does not guarantee payment. It would be solely up to you to collect on the judgment, and that would cost even more money. Regardless, the $70.00 could be construed as having been a gift. You would be the...
  2. FlaRiptide

    Consumer Law, Warranties HOA membership binding on homeowner?

    After reviewing the links you provided, it appears the real hardship revolves around the "Common Areas" owned by the HOA. (In our case this is a useless small amount of barren land that neither the City or the County would want). Thanks for all your good input.
  3. FlaRiptide

    Consumer Law, Warranties HOA membership binding on homeowner?

    The crux of my questions is based upon the fact our HOA consists of only 66 homes. Very few homeowners ever attend the annual meeting or are interested at all. It is like pulling teeth to get people to serve on the Board. It has been said that if no one can be found to serve then it is...
  4. FlaRiptide

    Consumer Law, Warranties HOA membership binding on homeowner?

    If I understand you correctly, the CC&Rs are attached to the real estate property and the buyer agrees to those terms upon purchase. Interesting, thus a new question. I can appreciate the concept of an individual, corporation, or other entity being bound to a legal contract. But, how is a...
  5. FlaRiptide

    Shoplifting, Larceny, Robbery, Theft Shoplifting Advice

    Going to court won't change a thing if you are guilty. Pay the fine and pay Kohl's fine pronto and be happy you got off so lightly. You could have faced 9 months in jail and Kohl's could have sued for punitive damages.
  6. FlaRiptide

    Consumer Law, Warranties HOA membership binding on homeowner?

    Unless there is some other legal document, I would assume that for every sales contract the new owner agrees to be subject to the HOA's CC&Rs. If this is indeed true, how does the HOA have record of this? The HOA isn't given copies of all sales contracts. If push comes to shove, what would...
  7. FlaRiptide

    Voluntary repo, bankruptcy, alternative...?

    The best scenario is to sell the car. The difference between the loan pay-off and the cash received from the car sale could be put on a credit card, line of equity, or other short term loan. Are the parents willing to relinquish the car? Also, your numbers do not make sense. Using a used...
  8. FlaRiptide

    Reason for landlord access to unit

    I'd meet with the other tenants and if all agree, send another certified letter coming from all tenants. This letter should state the legal basis for disallowance of this type of entry. Tell that no tenant agrees to the unlawful entry and that legal action will be taken if the tenants' request...
  9. FlaRiptide

    Personal Bankruptcy Renting to people with Bankruptcy

    I cannot answer your question, yet I ask why be so harsh? Their bankruptcy does not necessarily mean they will be poor tenants. I'd suggest giving them a couple of months to prove their intentions to be good tenants. Should they miss their rent, then you have perfect legal recourse to evict them.
  10. FlaRiptide

    Drinking Hairstylist

    Being illegal or not is not the question as it should be. Did the stylist's drinking contribute to her negligence which caused the damage to your hair? This is the point you would need to make and then it is the judge's decision. If they win yes. Basically anyone can sue anyone else for...
  11. FlaRiptide

    Pennsylvania Law

    I assume the rights in PA would be similar to FL. Here judgment holder can garnish the loser's wages, place a lien on their home, get a writ of execution with the Sheriff to have personal property sold at auction, and even garnish the amount from your bank account. The problem though, most...
  12. FlaRiptide

    Personal Bankruptcy my cosigner wants to declare bankruptcy

    As long as you keep paying on the loan your mother-in-laws problems should not concern you. Unless the loan company has a problem with not having a valid co-signer anymore, then why should you worry? Her name was on the loan, not the title, right? Sit back and do nothing except continue...
  13. FlaRiptide

    Consumer Law, Warranties Previous Owner Stole My Dog

    Have you filed a police report for the theft? That would be the first thing to do.
  14. FlaRiptide

    18 Years old & an account handed over to a collection agency, bad credit?

    Since Jroc signed the papers when he was 17, would this not invalidate the contract (agreement to pay)? Unless he made payments after turning 18 then this would ratify the contract potentially making him liable.
  15. FlaRiptide

    Defamation resulting in longterm loss

    If it is alleged and believed to be true, then it is not defamation. How have you been legally damaged? The relative may not think it is a lie, he or she may actually believe it, so it is not defamation. And again, how has this alleged defamation caused you harm? Monetarily, physically...
  16. FlaRiptide

    How do you know a personal injury lawyer has your best interest in mind?

    On a contingency basis, the more they get for you, the more they get for themselves.
  17. FlaRiptide

    Consumer Law, Warranties HOA membership binding on homeowner?

    What document binds a homeowner to be part of a Homeowner's or Condo Association? If a homeowner was adamant about no longer wanting to be part of the association and refuses to pay the annual dues, what legal instrument would be used to protect the Association? I guess the residence...
  18. FlaRiptide

    Voluntarily submitted vehicle/sold for below value

    If you decide to work with the collection agency I would advise getting in writing from Wachovia that they have relinquished your debt to the agency. Make certain your debt is dissolved with Wachovia prior to paying the collection agency.
  19. FlaRiptide

    Credit damaged due to foreclosure

    I purchased a home from a relative in April 2007. The house was very much not within my means, yet the realtive had promised to greatly paydown the mortgage as a wedding gift once he had cashflow. This never occured and the relative has recently passed away. I could no longer afford to...
  20. FlaRiptide

    Tried to HELP someone and... Bet you've never seen one like this

    Have you done this yet? Did you call him and explain this to him? If you haven't yet, then do so and let that be the end of it. If the guy continues to call, then block the calls if your phone is capable.
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