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Can I Trim My Neighbor’s Tree? And More Free Legal Advice – Free Joe 4/6/12

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Jo: Question: We have a neighbor with whom we do not get along (I posted other questions regarding his behavior before)…Now that spring is here, we want to trim some branches on a tree that reaches over our basketball court and into our trees significantly. Can we trim them along the fence line? We’d ask, but he refuses to talk with us at all about anything…we may be selling our house soon and want to get our property cleaned up.

Joe Escalante: You can, if you don’t kill the tree. However, if your neighbor is a jerk, he may take you to court anyway. You will probably win, but it will suck. I would send a certified letter letting him know that you plan to trim the tree to the property line. If he doesn’t respond by your deadline, you are in even better legal shape.

Ashley: If you filed a chapter 7 bankruptcy, and your home/mortgage was disharged undet it (florida)….tbw was lienholder…and tbw sells your mortgage to another bank at discharge, does that void the discharge? And is the new bank allowed to take legal action against you, call everyday, and send collection notices? This new bank has been notified and has the discharge on file. What are my legal rights?

Joe Escalante: If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter.

The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.

I actually just copied and pasted that info from another site, that I don’t necessarily vouch for but it underlines the fact that this is common problem that requires a court remedy.

Deepak: Can you explain us the difference between the following types of organizations?

1) Private Limited
2) LLC (Limited Liability Company)
3) Inc (Incorporated)

Joe Escalante: LZ has a nice little chart for that. Click below.

LegalZoom: Here you go, Deepak:

Ashley: I cannot return to work because my doctor has delayed in getting my work release filled out on time. Can i get fired over this?

Joe Escalante: Perhaps, depending on the terms of your employment, it may not be the employer’s responsibility to figure out why you can’t be released for work.

Micheal: Why do I get pulled over in my vehicle by Clayton County Police Department in Riverdale, G.A. and searched for a expired registration tag…I feel harassed…

Joe Escalante: That happened to the Duke Boys all the time.

Ben: Q: Joe what steps should be taken to get your record expunged and how much does it normally cost.

Joe Escalante: A: You need to get a consultation with a good criminal defense lawyer in your area, one that has experience with successful expungements. I’m going to guess 5 to 20 thousand doughnuts.

RED: Are child abuse cases subject to statute of limitations?

Joe Escalante: Yes. In fact, laws have been passed to make the S.O.L. extended with respect to the clergy. Teacher’s unions have fought against this happening to their members. That’s why they call them “statutes.” The legislature can pass whatever they want, as long as it is not unconstitutional. It varies by state.

Robin: Divorced couple. Wife remained in the home. Loan in husbands name. Wife agreed to pay. Wife walked away from property and moved out of state. Mortgage not paid in over 6 months. Now what?

Joe Escalante: If I’m the bank, I’m thinking, “hey guy, the loan is in your name, I dont’ want to hear any stories, give me my money. I have boat payments to make.”
Legally, they can go after whoever signed the documents. If the wife breached an agreement to pay, you could recover the damages she caused you if they are certain and provable. Or, if she violated a court divorce decree, she is perhaps in contempt of a court order.

Teresa: I won a small claim against my former landlord and that was in 2010 still havent got my money and I have paid 144. of my own money trying to get him to pay no luck. When I do go back to the clerk of court they just be like he may not come to court and there is nothing they can do. If it was the other way around they would have gotten the money from me somehow but cause he a landlord they telling me tuff luck so what can I do to get my money.

Joe Escalante: Try taking your judgment to the county registar where the property is and put a lien on the property. That doesn’t get you your money right away, but it prevents the landlord from selling his property until he pays you. You can also try to attach his bank account. Search “recovering judgments” on google and see what works in your state.

LegalZoom: That’s it for Free Joe Thursday! Joe will be back next week with more free legal advice. Come join us then!

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April 10th, 2012 at 6:19 am