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  1. fredrikklaw

    can my children get power of attorney without my consent?

    Your Children??? JAELY: The short, one-word answer is of course, NO! Because by definition, Power of Attorney is a fiduciary agreement given by one person (the principal) to another (the attorney in fact) voluntarily and it cannot be obtained by an adversarial legal process. So, unless you...
  2. fredrikklaw

    Notice of Entry of Judgement

    ANGKILLMAN . . . Once you obtain a judgment and it is entered into court records proper, you can then create a Judgment Lien which can be attached to all of the Debtor’s real property. This is done by recording the judgment in the County Clerk Lien Record for the county where the property is...
  3. fredrikklaw

    The title of the car

    Thank you, Your Honor! ARMY JUDGE . . . Thank you very much for the kind words and for sharing your story here and many, many congratulations for pulling out it in the first place and then for having stayed cancer free for 12 years now and long, long may it continue without it rearing its...
  4. fredrikklaw

    The title of the car

    2cents in 2 parts! TTKH... The subject matter of your post hits quite close to home with me personally and since you are concerned enough about your father to have taken the time to lay out the plot extensively, I shall lay out for you my response also in details in two parts (or postings)...
  5. fredrikklaw

    The title of the car

    2cents in 2 parts! TTKH... The subject matter of your post hits quite close to home with me personally and since you are concerned enough about your father to have taken the time to lay out the plot extensively, I shall lay out for you my response also in details in two parts (or postings)...
  6. fredrikklaw

    Minor signed for buying car that is a lemon

    Of SANDY1023... It is a well settled rule of law that an adult person contracts with a minor at his or her peril since the minor has the power to DISAFFIRM a contract he has entered into at any time until he reaches the Age of Majority (adulthood) on his 18th birthday and...
  7. fredrikklaw

    oregon tenant/ landlord statute of limitations

    non compos mentis Well, the answer is yes; of course he can charge whatever he wants to and there are no laws against such practice, but CHARGE is all he can do because he is not going to see or get even a red-cent from you and any attempts on his part to collect such a asinine claim shall be...
  8. fredrikklaw

    prosecution

    As long as it ... A case can remain active even for lack of prosecution for as long as (1) the defendant remains silent and does not move for dismissal for Failure to Prosecute in a timely manner or (2) the court clerk notices the dormant case when clearing and reconciling docket backlogs, in...
  9. fredrikklaw

    Frozen bank account in maryland

    I am with Army Judge on this! Creditors cannot freeze a bank account, but they can levy against it to satisfy the judgment; something similar to garnishing someone's earnings at the source. I am also in full agreement about getting in touch with a Bankruptcy attorney who will explain the...
  10. fredrikklaw

    sublease agreement

    You are set! VRWILL... Your rights and remedies are EXACTLY the same as any tenant anywhere in this country and you should not worry for even a second about the safety of your person or personal properties as the days when landlords employed all manners of self-help tactics to deal with...
  11. fredrikklaw

    Resignation from president and officer of corporation

    NEW6... The whole point of forming a corporation as opposed to forming a self-proprietorship company is EXACTLY SO to shield officers from creditors' claims and liability of being judgment debtor. So, no; whether you stay on or resign as president, you, as well as all other officers will not...
  12. fredrikklaw

    can I cancel a signed contract for a used vehicle within 24hrs

    U.C.C. to the rescue, perhaps? UNSATISFIED… Whether by chance or by design, the fact that the subject matter of the contract (the car) is still sitting on seller’s lot may come to your aid in avoiding the contract on a purely knit-picking technicality, which I must emphasize will have to be...
  13. fredrikklaw

    Business Contracts I'm a contractor

    Shooting Herself in the Foot! EMTCEE1973 . . . The answer is a resounding NO! She does not have any claims against you for exactly the reason you have offered in your post, the proper rule of law for which can be found in the Remedy section of the Law of Contracts under Providing Notice and...
  14. fredrikklaw

    Liability to State

    Yes! JOANE59LARE... The short answer is yes; your are liable to answer for the mortgage that may still be open on the property, any other loans secured on the same, or indeed any other debts signed for by the testator and secured by property and of course any tax liens, be it county, city...
  15. fredrikklaw

    tenancy by the entirety

    CHIMBOTE... You do not need to make a transfer, quit claim, or take any other action because Tenancy by the Entirety has a Right of Survivorship provision under which the the deceased spouse's share and interest in the property automatically pass to the surviving spouse. fredrikklaw
  16. fredrikklaw

    Default judgment damages

    Not a good idea! CONDOR527… My suggestion is this: No Changes; Leave the damage amount as it is! My apologies if my statement regarding your $75,000 prayer for relief being on the hefty side made you think that it is unreasonable and that you have to lower the amount. The hefty remark...
  17. fredrikklaw

    Default judgment damages

    And now to the tricky part! CONDOR527… I will be happy to go through the steps you need to take in order to obtain a default judgment in a California court and the process is the same for both plaintiffs and defendants, and the first thing I suggest (from personal experience) is that you will...
  18. fredrikklaw

    Business Debt, Collections Debt collection

    SKSMITH77… The statutes of limitation for debt collection can vary from state to state and can be anywhere from 3 to 10 years, but Texas seems to logically adhere to the basic principles of contract law which is what a credit card account is after all; a contract. Accordingly, the statute of...
  19. fredrikklaw

    How to seek Spirit Airline California agent for service of process

    No Person's Name Necessary! YOUNG707 . . . Some registered agents for service of process may indicate the name of an actual person and some may not, as is the case with this outfit in Sacramento. Here, all you have to do is to serve the Process on the agent which would have the same effect...
  20. fredrikklaw

    How to seek Spirit Airline California agent for service of process

    No Person YOUNG707 . . . Some registered agents for service of process may indicate the name of an actual person and some may not, as is the case with this outfit in Sacramento. Here, all you have to do is to serve the Process on the agent which would have the same effect as having served...
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