A. J. Mitchell
Law Offices of A. J. Mitchell
Directory Practice Areas
- Business Law
- Personal Injury
Jurisdictions Admitted to Practice
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- Overall: 8 Answers
- This Year: 2 Answers
- Last 30 Days: 1 Answers
- Last 7 Days: 1 Answers
Q: Does signing an acknowledgement of service and waiver of venue for divorce obligate me in any way.
A: By signing an acknowledgment of service and waiver of venue, you (1) confirm that you have received service of process, which is a required action in successfully bringing a lawsuit, (2) avoid the need for a sheriff or other court-approved process server to come to your home or work place to serve you with a copy of the complaint against you and a court summons, and (3) waive your right to have the suit or hearing take place in your county of legal residence.
Q: If I'm married and my husband files chapter. 7, does that affect me if we have joint ownership to our vehicles?
A: No, it does not. However, you will remain personally liable for any debt that you may owe on the vehicles
Q: I RECEIVED A DISCHARGE OF DEED TO SECURE DEBT WHAT DOES THAT MEAN?
A: A Deed to Secure Debt or Security Deed is an instrument which secures a lender's interest in real property pursuant to the requirements of a promissory note. If you received a discharge of such a deed, this simply means that you are no longer legally liable for the underlying debt perhaps because you elected to surrender the real property to the lender.
Q: Can i go to court without a lawyer
A: Yes, you may represent yourself in court. However, depending on the circumstances, it may not be a smart thing to do. Need more information before commenting further.
Q: Can my employer still take out garnishments, after I have filed for bankruptcy? I have the letter from court.
A: Once one files for bankruptcy, all garnishments and other collection actions are subject to an automatic stay and thus must stop. Generally, funds garnished after a bankruptcy filing must be returned to the debtor(s). It would be helpful to refer this matter to your bankruptcy attorney if you have one.
Q: How do I get a certified copy of an order on motion to avoid judgement lien?
A: If you are really asking for a file-stamped copy of such an order, you should contact your bankruptcy attorney or visit the clerk of court's office. Be sure to have your case number, SSN and proof of identification when you arrive at the clerk's office.
Q: How to contest a lien
A: Need more information regarding the type of lien, circumstances of filing and date of filing. This is a matter that would be best handled by a contracts, business or real estate attorney.
Q: My brother was our dad's power of attorney. After our dad passed away, he used all of dad's $$ for himself
A: Powers of attorney are generally governed by the law of agency. One who has been given power of attorney to act on behalf of another is also referred to as an attorney-in-fact. Such individuals are considered agents for whoever provides them power of attorney (the principal ) and have a fiduciary responsibility (characterized by a duty of loyalty, duty of trust and duty of care) to act according to the directions of the principal. Given that your brother failed in this regard, your father's estate may be able to bring suit against your brother under a legal theory of breach of fiduciary responsibility. Of course, if your brother doesn't have anything, you may need to do a cost-benefit analysis to determine whether or not its worth spending money to go after him.
Q: Does bankruptcy affect child support?
A: Child support and alimony are not dischargeable through bankruptcy.