asked
I live in SC and my investment advisor in NC has $100K of mine in a money market account and $400K in an annuity since January 2013. I asked him to transfer $80K from the money market account to my Schwab Investor checking account, but he refused, citing potential debts he claims I owe him and potential liability for a $40K bonus from the insurance company if I withdraw funds within a year. Can he legally withhold my money for these reasons, and has the $40K bonus been added to my annuity account or paid to my financial adviser?
June 29th, 2023
I am an 84-year-old guardian of a 52-year-old mentally handicapped daughter. I tried filing her annual Guardianship plan with the Clerk of the Circuit Court, but it was returned specifying the need for an 'Order approving the plan'. Do I mail the Guardianship Plan somewhere to have the plan attached? Or do I just include a blank Order form and if so, where do I get the Form and where do I mail the completed package?
August 9th, 2024
I am a business owner trying to collect on a judgment we were awarded from another company. I tried to file a writ of garnishment to freeze their bank account but the clerk said I needed to file a motion for the writ of garnishment with the court. What is the procedure for filing this motion, and what happens after it is filed?
June 6th, 2023
Do I have a case to file in Small Claims Court? My truck was involved in an accident in January 2013 and taken to a local body shop for repair on January 31, 2013. The repair was completed on February 18, 2013, but the decal for the door was not replaced. The body shop informed me that the decal had been ordered from a company in California but had not arrived. As of March 21, 2013, the decal has not been replaced, and I requested the body shop cancel the order and return the $123.80 included in the insurance check. How long should I continue to wait before I receive either the decal or the refund? If neither is received soon, do I have a case for Small Claims Court?
March 13th, 2024
I am a British citizen living in Turkey and was pursuing a civil suit in Florida against a former business colleague for theft of valuable items. My US attorney filed to discontinue representing me, and the court granted the request. The filing contained inaccuracies and misrepresentations. I was unable to contest the filing due to my location and health. My former attorney has refused to provide information and guidance for self-representation, and I am now facing a trial in April or May. I have also filed a complaint with the Florida Bar. What are my options and obligations regarding the court, my former attorney, and my case?
June 7th, 2024
I am filing Chapter 7 bankruptcy pro se in California and have been served with a small claims order (SC-100) that contains numerous errors. The order has white-out corrections for phone numbers, addresses, and the amount being sued for. The plaintiffs, who are brother and sister, have a case titled 'Mutt VS Jeff' where I am the defendant. The papers were served by their brother-in-law without a service form attached. If the judge mistakenly refers to the case as 'Mutt VS Jeff' on the trial date, am I still expected to appear? If I let the case default and include it in my bankruptcy, is that correct? If I dismiss the case on technical grounds, can they re-file it?
August 9th, 2023