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Recent content by chitown

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    Libel derived from affirmative defenses??

    What is the name of your state? FL Under the rules for affirmative defense pleading(s) I am interpreting a open ended provision which allows for gross misstatements of truth, conflicting defenses and irrelevant defenses as long as the caveat "truth to my knowledge and understanding" is part of...
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    Forced Insurance billed for a prior period that has already ended

    What is the name of your state? FL I am in a similar forced insurance situation but have just discovered the insurance balance I owe includes 11 months of insurance coverage from 2-06 to 1-07. The insurance was added to my monthly mortgage payment (no escrow, no pmi) starting in 4-07. I am an...
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    Motion served to OC but never filed?

    What is the name of your state? FL I received a copy of a dated motion and certificate of service to OC. One of the motion's goals was to "stay" a court order requiring payments to OC and former spouse as it was a motion to abate. Upon reading the motion I noted several material misstatements...
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    Closing a dormant reopened case

    What is the name of your state? FL Chronological facts: Dissolution of Marriage case 1. 7-20-99 Motion to Abate filed by Spouse's atty (SA) 2, 8-20-99 Hearing on Motion to Abate, Case abated for 6 months CASE STATUS states CLOSED 8-20-99 on Cty Clerk's...
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    Retirement accounts-Forfeitures and income.loss

    What is the name of your state? FL Retirement plans whether vested or not are included from both parties in a valuation of marital assets. In my case, the date of valuation for retirement accounts was 9-28-04. Ex was terminated from her position on 9-30-04. Accordingly, the non-vested...
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    Fraud Statute of Limitations issue

    What is the name of your state? FL The statute of limitations for claiming fraud, other than in financial statements, related to a provision in a divorce decree is 1 year. My question: What if the execution of a provision in a divorce decree is (purposely?) delayed for over a year and the...
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    General Contract law question

    What is the name of your state? FL In general, is a contract that has one or more provisions that violate US law(s) enforcable?
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    Judicial Enforcement

    What is the name of your state? Florida It has recently become known that a provision in the divorce agreement (agreed to by both parties but not adjudicated) is in violation of U.S. law (specifically the USTC, both parties are CPA's and it is black and white clear it would violate IRC Sec...
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    Closed thread

    What is the name of your state? Florida Why was a thread of mine posted approx 630 PM est closed less than 2 hrs later? Just curious for future reference, but cant locate anywhere else on site to go for explanation
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    Fraud discovered after final decree

    What is the name of your state? Florida The final judgement was ruled on and received after the hearing of child support issues. The ruling also included agreements by both parties not adjudicated. Recently I have discovered misrepresentations by the ex in the provisions she requested (and I...
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    Referral agreement

    What is the name of your state? FL I recently found out my ex had her boyfriend (a Realtor) "refer" our property to another realtor in another state. The agreement listed me as joint prospect, but i never received notice of the agreement or consented. The agreement calls for the boyfriend to...
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    Replacing withdrawn attorney

    What is the name of your state? Florida Is there a specific time to notify the Court and opposing counsel with regards to the attorney or other representative replacing the withdrawn attorney? If the party is self representing and is not engaging another attorney to finish the cas are there...
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    Appeal of payments made in lieu of child support

    What is the name of your state? Florida My attorney filed my appeal in June of 2005. Ex attorney filed her answer {?} to to the appeal in November of 2005. Besides being a bit excessive in allowing so much time to respond, in their answer they stated items as fact that were NOT raised in the...

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