OT: Any Lawyers or Attorney out there?

[MaineGuy]

try to contact the whoever that is sending that and write a check for $300 and on it write "paid in full" (not fine print or anything...like right it on there were an average person can read it) and if they cash the check you are done.


If you owe ANYTHING to ANYONE if you write them a check even for a $1 and write "paid in full" on it and they cash it or deposit it you have legally paid your bill.


If you can not afford an attorney find a university near you and go to the law school or email a professor there and ask them for advice. Always use the universities around you for anything. Full of knowledge for free to just walk in and ask

Almost, but not true. Go to snopes.com and check it out.

 

[G.I.Bro]

try to contact the whoever that is sending that and write a check for $300 and on it write "paid in full" (not fine print or anything...like right it on there were an average person can read it) and if they cash the check you are done.


If you owe ANYTHING to ANYONE if you write them a check even for a $1 and write "paid in full" on it and they cash it or deposit it you have legally paid your bill.

Lol, I love this advice. Not quite that simple. You can find a collection attorney who won't charge a huge fee. Make them meet their burden by producing documentation proving up their lien (original documents, signature, billing, etc.) You would be surprised how often they can't do it this many years later. There are several ways to challenge the legitimacy of the lien/debt in the course of discovery and a MSJ.

 

[cal]

His advice in general is a a bit suspect in general. This post is actually funny....not sure if it was meant to be...

Sent from my SAMSUNG-SM-N900A using Tapatalk 2

 

[richiec]

try to contact the whoever that is sending that and write a check for $300 and on it write "paid in full" (not fine print or anything...like right it on there were an average person can read it) and if they cash the check you are done.


If you owe ANYTHING to ANYONE if you write them a check even for a $1 and write "paid in full" on it and they cash it or deposit it you have legally paid your bill.


If you can not afford an attorney find a university near you and go to the law school or email a professor there and ask them for advice. Always use the universities around you for anything. Full of knowledge for free to just walk in and ask

I almost pissed myself when I read this. Are you trying to make a joke or are you serious? Please post up some relevant legal documentation to corroborate this outlandish claim.

 

[MaineGuy]

"For such arrangements to be valid, however, both sides must agree to them. A debtor cannot unilaterally declare a partial payment to be "payment in full" simply by attaching a note with those words to his check or writing them in the memo field and assuming that if the creditor fails to notice the notation then the entire debt has been discharged:
This "paid-in-full" nonsense has achieved the status of urban legend, says J. Scott Bovitz, a Los Angeles bankruptcy lawyer. A creditor sometimes will reduce a claim for a disputed payment, but this kind of settlement usually won't happen if the debtor acts in bad faith, Bovitz says. The act of writing "paid in full" on a $10 check pretty much defines the term "bad faith."

snopes.com: Paid in Full

 

[PeterBobJohn]

I been to court many times over matter like this since owning a business. Judgments are only good for 10 years unless renewed:

http://www.justanswer.com/law/1417m-long-judgements-valid-new-york-state.html

Like I said, step one is too see if it has been renewed in court. If not, they can not collect. He needs to find out through the court, what legal action has been taken against him. If he filed BK, case is closed. If they already froze his account, he can kiss that money good by. This case is not worth a Lawyer's time, most have retainer's fees of $3000 to begin.

I agree with some debt collectors doing illegal things, but good luck trying to follow up on that. The sad thing is they can put anything on your credit report, you will have to dispute that and they have up to 30 days to remove. They can screw your credit for 90 days.

its 20 years, check the statutes. and yes I am an attorney and you are not

 

[PeterBobJohn]

its 20 years, check the statutes. and yes I am an attorney and you are not

here is a section from the practice book, new York state,
and if you cant interpret it, I really don't care,
I cant stand jailhouse lawyers

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

 

[PeterBobJohn]

New York City Civil Court

if you cant interpret the practice book at the bottom of this page you will see a note regarding judgments

ok cant spend another minute on this

 

[richiec]

here is a section from the practice book, new York state,
and if you cant interpret it, I really don't care,
I cant stand jailhouse lawyers

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

PBJ, are they allowed to freeze your assets while you are living in another state? I'm curious about this is all

 

[pesty4077]

PBJ, are they allowed to freeze your assets while you are living in another state? I'm curious about this is all

I was wondering how it was filed in another state, unless they use to live there, or the Bill originated from there.

 

[gogotren]

gogotren with all due respect you are missing the forest for a single tree. i don't want to hijack this thread but a prime example is your last paragraph about the dollar and gold. yes the Emergency Economic Stabilization Act of 2008, the bailout, caused some confidence in the US economy. stimulus is going to stimulate. but the bigger picture that your missing is the purchasing power of the USD since the government decided to float it and drop the gold standard. also, one last time government statistics on economics are completely bullshit. you don't really believe the unemployement rates do you? inflation no different. the ussa is orwells 1984 right now. don't fall for the bullshit. i don't want to argue over a single tree so to speak and i don't want to hijack threads so, at the risk of sounding pompous, chapter 21 of this book covers inflation and concepts like money inflation vs. price inflation, stock of money vs. the money supply.

http://mises.org/books/lessons_for_the_young_economist_murphy.pdf

I`m missing the forest for a single tree? I know your type, and you see money printing as causing inflation or even hyperinflation. I can understand it has happened several times in recent history, Germany post WW1, zimbabwe, what was the S American country that did the same and defaulted in the 80`s? Anyway, the forest you have missed, what makes the current USA situation different from those examples is that we are coming out of an extreme credit bubble, which the others were not (I think we can agree on that). There are still MANY MANY debts to be deleveraged, or defaulted on, which takes money out of circulation. There is around 27 Trillion in private debt, way more than the 16 trillion of govt debt. The "small" amount of 3-4 trillion the fed has printed just barely offsets the amount of private debt which has been defaulted on in the past 4 years. From 2000- summer 2007 we saw inflation fly, money was loose, homes doubled in price in 3 yrs, then again, all while the USD sank. Now its flipping. Your problem is you don`t understand the real demon we are fighting is DEFLATION, NOT INFLATION.

Don`t forget slowing demographics of the country getting older. A time when people spend less and save more, not exactly adding to inflation with that recipe either. I would bet you don`t have anything invested in commodities anyway and all your money is in USD, but love to talk smack, I know your type. Even the the hedge funds, paulson, bailed on gold months ago.

 

[PeterBobJohn]

I was wondering how it was filed in another state, unless they use to live there, or the Bill originated from there.

I apologize for the comment to Pesty4077, it was inappropriate.



Judgments can be rendered in one state and executed in another, its a lot more complicated and requires an analysis of the law in each jurisdiction.

 

[pesty4077]

I apologize for the comment to Pesty4077, it was inappropriate.



Judgments can be rendered in one state and executed in another, its a lot more complicated and requires an analysis of the law in each jurisdiction.

Thanks, I learn something new today.

 

[woodswise]

Just got a phone call from my bank here in Arizona and apparently there is $3000 hold being put on our checking account from an attorneys office in Putnam, NY for a medical bill for my wife in 1996(yes 1996). We have never had any notice of this supposed bill and it has never been on her credit report and nobody has ever contacted her about this ever before. We have attempted to contact the attorneys office to get more info but no answer thus far. Obviously she is not going to be able to prove that she paid this bill 20 years ago. What does one do in a situation like this? According to Chase bank, the order came from the Supreme Court of NY. Any help from those who are knowledgable would be greatly appreciated.

The state where I live, marital property is exempt from claims against one spouse. So a joint bank account would be marital property and therefore exempt.

 

[PeterBobJohn]

New York Judgment enforced in Arizona

Foreign (meaning another state) Judgments:

Under Arizona's Revised Uniform Enforcement of Foreign Judgments Act , any judgment of a court of the United States is can be enforced in Arizona.

The creditor (one who obtained judgment in New York) has to file with the clerk of the superior court an affidavit setting forth your name (debtor) and your last known post office address.
They should have mailed you a notice of the foreign(new York) judgment and a copy of that judgment is required to be mailed to you at the address given and the proof of mailing must be filed with the clerk.
The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state.
ARS 12-1701, et seq.

I hope this helps a little

 

[PeterBobJohn]

I was wondering how it was filed in another state, unless they use to live there, or the Bill originated from there.

yes, they have to first determine what state you live in then as I just posted, filed the notice with the clerk, and the judgment creditor has the same rights in Arizona or what other state you know live in as they did in the judgment state

 

[PeterBobJohn]

if you lived in Mass, IA or VT

Uniform Enforcement of Foreign Judgments Act is what allows 47 of our states to enforce 'foreign' judgments.
only three states have not adopted this act, Indiana, Massachusetts and Vermont.
IN that case the holder of the judgment must go through some additional legal hoops to enforce the judgment, i.e. a domestication action, which is typically a formality and quick.
Even in absence of this expedited procedure the US Constitution requires that states honor judgments of other states.

 

[PeterBobJohn]

I was wondering how it was filed in another state, unless they use to live there, or the Bill originated from there.

Pesty my other posts probably answered this for you

 

[PeterBobJohn]

The state where I live, marital property is exempt from claims against one spouse. So a joint bank account would be marital property and therefore exempt.

Is a Spouse's Property Exempt From Debtor Judgment?
Nine of the 50 states are 'community property' states, which treat almost everything acquired during a marriage (i.e. joint bank accounts) as belonging to both spouses.
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
In these state you would be liable

The other 41 states 'common law' states', and the other spouse's assets are protected by law.

 

[PeterBobJohn]

Urban Legend

try to contact the whoever that is sending that and write a check for $300 and on it write "paid in full" (not fine print or anything...like right it on there were an average person can read it) and if they cash the check you are done.


If you owe ANYTHING to ANYONE if you write them a check even for a $1 and write "paid in full" on it and they cash it or deposit it you have legally paid your bill.


If you can not afford an attorney find a university near you and go to the law school or email a professor there and ask them for advice. Always use the universities around you for anything. Full of knowledge for free to just walk in and ask

Your story has no basis in fact if getting out of debt was as easy as writing "paid in full" on a check, no one would be in debt. In fact, no one would ever loan money or extend credit.

although its that creditors frequently settle debts for less than the full amount due but the settlement has to be valid, both sides, the debtor and the creditor, have to agree to the terms.

In other words, you cant discharge your debt unilaterally by declaring a partial payment to be payment in full simply by writing the words "paid in full" on his check unless the creditor agrees.

The UCC has a section which addresses this issue but states:
-there must be a dispute about the debt,
-the debtor must offer the check as payment in good faith,
-and the creditor must obtain payment.
what they mean by 'good faith' is honesty and honoring fair commercial standards. Writing "paid in full" on a $10 check is hardly a sign of "good faith."