AP notice received today ... scared ... stressed ... long story thanks for helping

[scbendel]

You guys were right, the Summons was emailed and entered today. So we should have the complaint in a day or two. I'll keep y'all posted. Thanks again!

[scbendel]

Thanks again tobee.

[tobee43]

I'm just sick of all the mental torture and taking time off of work to go downtown to the courthouse. No fun trying to find a sitter for my kids and someone to cover my shift. Not to mention all the stupid filing fees that I already can't afford. I kinda see where Des is going though.

i know, it's really hard. especially when you don't have the freedom of time at your door. really, it will get better. i hope you see where des is going, and will follow that advise, he/she would never steer you in the wrong direction, ever.

you're close to the finish line, just hang in there and keep posting, we are here, if for nothing else to hold a hand out during a stressful time. it's going to be okay. really.

[scbendel]

I'm just sick of all the mental torture and taking time off of work to go downtown to the courthouse. No fun trying to find a sitter for my kids and someone to cover my shift. Not to mention all the stupid filing fees that I already can't afford. I kinda see where Des is going though.

[tobee43]

Excellent! I have found some useful information from the link Des laid out.

Thanks guys, a lot. Still just getting started (again). It seems like every time I see the light at the end of the tunnel, these guys pop back up like a crazy ex-girlfriend.

that light will start getting brighter, promise. again, just take this step by step, you have des guiding you, and again, one way or another this will resolve itself.

[tobee43]

Cat, that'd be okay with me. I'd like as many pointers as I can get. Thank you!

des can give you more than pointers, he most likely is truly one of the best atty's there is today. i have worked for many, and have yet to ever meet anyone other that des so willing to give help those who need it. if you live in the same state i would run as quickly as i could to him. i just keep begging him to come to florida or clone himself. i was actually thinking of trying to talk him into selling franchises of "him" LOL!!!

[scbendel]

Excellent! I have found some useful information from the link Des laid out.

Thanks guys, a lot. Still just getting started (again). It seems like every time I see the light at the end of the tunnel, these guys pop back up like a crazy ex-girlfriend.

[justbroke]

I'm lurking. You are in good hands.

[scbendel]

It wasn't a "cashing", we deposited it, with the bank's approval, after sending a formal letter to the contractor revoking their power of attorney for that and other payments. We clearly paid that money to another company to do the exact same work, but because the 2nd company's invoice was worded differently, the attorney for the plaintiff sold the arbitrator on the "no duplication of work" theory. I'm digging through all of my files to try and find the arbitrator's final decision...but there was no indication of embezzlement or larceny or fraud in it, that I know for sure. Probably because they couldn't prove it; which is good because there was none.

[scbendel]

Thanks Des! I'll read it now.

[despritfreya]

I am going to give you food for thought and continue to recommend you see an attny.

If I got your posts right, the creditor is claiming you cashed a check that should have gone to it for work it did. This was an insurance check right???

My guess is that the creditor is alleging you had some fiduciary duty to protect its interest in the check. That would be a 523(a)(4)
“breach of fiduciary duty” matter. In my opinion, it’s a loser for the creditor because there had to be an “express trust” between you and it. I doubt there was. Further, I direct your attention to the very recent US Supreme Court case of Bullock v. Bank Champaign
(5/13/13). Although it is too soon to tell, I believe this case is going to make is harder for creditors to prove a debtor committed “defalcation” (embezzlement) in 523(a)(4) matters. Some info on this decision can be read at. . .

http://www.lexisnexis.com/community/bankruptcylaw/blogs/bankruptcylawblog/archive/2013/05/15/supreme-court-sets-defalcation-bar-at-gross-recklessness-under-section-523-a-4.aspx

Hopefully the link will work... if not, try the cut and paste routine.

Des.

[AngelinaCat]

I got it, thanks!

PM has been sent.

[scbendel]

I got it, thanks!

[AngelinaCat]

Cat, that'd be okay with me. I'd like as many pointers as I can get. Thank you!

I just sent you an email via my Hotmail edress that I use for this site. Please check your messages, and make sure that you check the spam filter.

[scbendel]

This site certainly has been a great help thus far!! I sincerely appreciate it!!