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Its good to be brief and to the point, but if f you want help you must at least provide the name of the state (USA) where the estate of the deceased debtor is being probated or administered. Otherwise there is not help available.
The reason is that each state has their own laws and rules...
PLEASE don't be dissuaded from thoughts of taking legal action to set aside the default judgment thinking that you have no defense to the underlying claim. Missing here (but included in your postings at "the other site") are critical details appearing in your e-mail exchanges with management...
It isn't difficult to perceive that circumstances could render the wording, "trees of comparable size" as unconscionable and therefore the mandatory replacement clause unenforceable.
Well that makes good sense . . . doh? First you put the creditor to the burden and considerable expense of explaining to the court any justification it has for its alleged violation of the Section 362 Automatic Stay Order. And if not, suffer such sanctions as may be imposed by the court.
Now...
Pardon me, but what are we expected to make of "pretty much by default"? Such iffy verbiage is not recommended in this milieu. Lawyers relying on suppositions often find themselves looking for an honest livelihood!
So, was the judgment debtor found to be in default for failure to appear or not...
Your post is lacking the needed details to know whether or not the foreman was acting within the scope of his express or implied authority. But don't let that deter you, as there is no reason why you should bear the full burden of proving that issue, not if you are creative. And by that I mean...
To sue or not to sue? I don't know whether it is best, but this I do know: "Every action must be prosecuted or defended in the name the real party in interest".
Which is a standard procedural rule - both states and federal. And in this instance means that you must bring your action against the...
Speaking of snippets here's another you might keep in mind while greedily searching the Code for a means of autocratically ousting the tenant short of the term of his lease; all curtsey of the venerable Founding Fathers:
"No State shall . . . pass any . . . Law impairing the Obligation of...
How about we do away with this business of what you have to do (I don't like it much) and simply say that you would become legally obligated to pay any deficiency resulting from a repossession and sale of the vehicle. (Provided of course that it is sold in a commercially reasonable manner -...
Why are we receiving two versions of the landlord's remedies? Friday it was:
Now, today it becomes:
Or is it possible that you've never read the bloody lease?
In any event the landlord won't be recovering any delinquent rent per a judgment UNTIL he can prove his compliance with subsection...
This won't help much, but the problem I see with your parents claiming protection against a potential attaching creditor is that an enhanced life estate deed is completely revocable and modifiable during the life of the grantor(s)!
Hence, there appears the question of whether or not an...
The dispute seems to be whether or not the award of a money judgment is virtually the same as the judgment creditor being ordered to pay the judgment creditor the face amount of the judgment. How do you consider that a writ of garnishment, which is direct to a third party has any relevance?
I hate to see you troubled over this. So here is a suggestion that just might help in resolving your dilemma.
Instead of laboring over what OP has meaninglessly written try to understand what Zigner has meaningfully written!
To make a point here let's assume that some individual intentionally inflicted severe injures on the person of your friend. Do you think that you would have right to sue the person responsible? And if you had that right, why not all of those souls similarly acquainted with your friend?
The...
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