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• 1. 

     Can the judgment creditor get the joint tax refund?

     It would depend how aggressive the people pursuing the judgement is. TBE assets are restricted. They might argue you're hiding wages that would be subject to garnishment if they haven't already hit the cap on doing those elsewhere (that's an example of the rebutting that might happen).

     • FlyingRon
     • Post #7
     • Feb 9, 2022
     • Forum: Debt Collections
  2. 

     Can the judgment creditor get the joint tax refund?

     If you maintain your bank accounts, then yes the tax return deposit will be protected against a judgment solely against one of the spouses. You'd best verify your bank accounts are held that way. It's not inherent in just listing a married couple's names and not all Florida banks will even...

     • FlyingRon
     • Post #2
     • Feb 9, 2022
     • Forum: Debt Collections
  3. 

     Arbitration

     Brokerage accounts are not usually covered by FDIC. SIPC would be the general organization that would apply to cash held by the broker.

     • FlyingRon
     • Post #49
     • Feb 3, 2022
     • Forum: Brokers & Investments
  4. 

     Arbitration

     You don't want to go through arbitration for this. Disclosure: I am a FINRA arbitrator. I would be the type of person who ends up on a panel to decide these things. Arbitration isn't a good place to go pro se on anything and it isn't speedy. I've got hearings just coming up for cases...

     • FlyingRon
     • Post #47
     • Feb 3, 2022
     • Forum: Brokers & Investments
  5. 

     Dissolve LLC to avoid paying judgement

     While you might not still collect, it's not possible to dissolve a corporation or LLC without addressing pending debts/judgments. To do invites personal action against the members of the LLC, invalidating whatever protection they thought the LLC was giving against their personal assets.

     • FlyingRon
     • Post #10
     • Feb 1, 2022
     • Forum: Starting and Operating a Business
  6. 

     Is Entry Legal?

     Probably not, but there is likely a redemption period where you pay off 100% of what was owed and you can get it back (if you have the means to do it).

     • FlyingRon
     • Post #10
     • Jan 29, 2022
     • Forum: Mortgages, Refinancing & Foreclosure
  7. 

     On Call for Jury Duty

     Every time I've been summoned for jury duty, I never got past the "call in the night before" stage. One time with federal court, I got the "you can stop calling" after three days. Our state court here told me after the first call in that I wasn't going to be needed.

     • FlyingRon
     • Post #7
     • Jan 26, 2022
     • Forum: Civil Litigation
  8. 

     Should I take apartment landlord to court for not enforcing their no-smoking addendum of their lease?

     I'll repeat, there is no obligation to force the landlord to enforce this. You can get out of the lease, possibly recovering costs to move, etc... Fortunately landlord-tenant while not falling under the small claims provisions, is still heard principally in General District Court, which is a...

     • FlyingRon
     • Post #23
     • Jan 25, 2022
     • Forum: Landlord / Tenant Issues
  9. 

     Should I take apartment landlord to court for not enforcing their no-smoking addendum of their lease?

     I alluded to that, but the remedy for the breach of quiet enjoyment (or perhaps habitability) is to get him out of the obligation to continue to reside there and pay the rent.

     • FlyingRon
     • Post #22
     • Jan 25, 2022
     • Forum: Landlord / Tenant Issues
  10. 

      Should I take apartment landlord to court for not enforcing their no-smoking addendum of their lease?

      You're not paying attention. The lease binds the responsibility YOU have and YOUR landlord specifically have. Unless it says "The landlord will keep others from smoking" just because they have a clause in their lease similar to yours doesn't give you any right to force him to do something.

      • FlyingRon
      • Post #19
      • Jan 25, 2022
      • Forum: Landlord / Tenant Issues
  11. 

      Should I take apartment landlord to court for not enforcing their no-smoking addendum of their lease?

      Understand that just because YOUR lease bans YOU from smoking doesn't give you any rights to demand the landlord bar others (regardless of whether it is in your lease). The lease gives the landlord the right to take action against them, not you. Unless your lease says that the landlord will...

      • FlyingRon
      • Post #13
      • Jan 25, 2022
      • Forum: Landlord / Tenant Issues
  12. 

      Scared

      What does California have to do with it? I thought we were in Maryland.

      • FlyingRon
      • Post #51
      • Jan 24, 2022
      • Forum: Consumer Contracts, Guarantees and Warranties
  13. 

      Scared

      They would still need letters of administration showing that the estate authorizes that transfer. I've never seen a car manufacturer/finance company offer such other than on initial purchase. Unless we're talking about a lease situation rather than straight financing.

      • FlyingRon
      • Post #46
      • Jan 24, 2022
      • Forum: Consumer Contracts, Guarantees and Warranties
  14. 

      Scared

      No Toyota didn't. Toyota can't grant ownership of a car that belongs to someone else. What they can do is allow you to become responsible for paying the loan. The way you become owner of a car that someone else owned (not joint with you) is you get the person administering their estate to...

      • FlyingRon
      • Post #44
      • Jan 24, 2022
      • Forum: Consumer Contracts, Guarantees and Warranties
  15. 

      Lowering tax obligation claims

      Yep and two of them have been disbarred (or voluntarily gave up their law license) over false advertising claims.

      • FlyingRon
      • Post #5
      • Jan 19, 2022
      • Forum: Tax Law
  16. 

      Expulsion from a private university

      Note, that I'm not aware of anything in the education titles (even private universities usually take some public funding) that requires an accommodation here, but it's quite possible the University might provide one if you ask nice. Being afraid of a reaction isn't a "disability."

      • FlyingRon
      • Post #11
      • Jan 18, 2022
      • Forum: Education Law
  17. 

      Just found out who my dad is can I get my inheritance?

      It's too late. If your biological father had been in Virginia when he died, and you had proof that you are his biological daughter, then you had ONE YEAR from the time he died to make that claim. Even then it would only matter if he was intestate (or if the will didn't specifically list the...

      • FlyingRon
      • Post #6
      • Jan 16, 2022
      • Forum: Wills, Trusts and Estate Planning
  18. 

      Misuse of address on a trademark application

      Right, but what happens when you file for a registration is you'll get contacted once it's assigned to an examiner. That occurs at the address you provide. Now if the OP wanted to forward the correspondence that would be one thing, but if he RTS (or just discards) it, the registration isn't...

      • FlyingRon
      • Post #11
      • Jan 16, 2022
      • Forum: Copyrights & Trademarks
  19. 

      Misuse of address on a trademark application

      Again, his registration is going nowhere if he hasn't put an address on it that he will receive the correspondence on.

      • FlyingRon
      • Post #9
      • Jan 16, 2022
      • Forum: Copyrights & Trademarks
  20. 

      Misuse of address on a trademark application

      And what if he did? I'm not seeing a course of action here. If he fails to give the USPTO an address that he will receive correspondence from, he's not going to get very far. If you RTS the subsequent correspondence they won't ever approve it.

      • FlyingRon
      • Post #6
      • Jan 15, 2022
      • Forum: Copyrights & Trademarks