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Questions Answered by Joel Gary Selik
1 Answer | Asked in Legal Malpractice for California on
Q: A lawyer was negligent and unethical in his billing would any1 review case and demand clearance or else malpractice suit
Joel Gary Selik
Joel Gary Selik
answered on Nov 21, 2022

Email or telephone a legal malpractice specialist in your state to review the facts.

2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: I haven't been in Washington state for over five years. Can I be served via mail or publication in that state?
Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

Yes. If they satisfy the court you cannot be found, the court can order service via publication.

1 Answer | Asked in Legal Malpractice for California on
Q: Lawyers mistake caused me a lawsuit to be lost.

On 2019 the owner of the house on which I live in now added me, his partner, and his son to a living trust. We were each supposed to get his portion of the house which accounted for 25% which would be divided by 3. The lawyer that helped us out made a mistake in sending the trust with the incorrect... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 10, 2022

You may have a malpractice case against the attorney. Consult with experienced attorneys.

2 Answers | Asked in Legal Malpractice for California on
Q: Writ of habeas corpus, granted, conviction vacated, grounds of ineffective assistance of PDs office. can I sue my attor

I was violated for a probation violation which invoked a 5yr suspended sentence. My public defender needed only to access a online superior court of California registry to prove my factual innocence and failed to do so even when the judge told her, during the trial, "Do you have any proof of... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2022

Yes, with a factual finding of innocence, a legal malpractice case is possible.

Consult with a Legal Malpractice Certified Specialist.

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2 Answers | Asked in Collections for California on
Q: Is it there's statute of limitations in serving a notice of renewal to a defendant.

I'm in California and my creditor renewed a judgment but didn't give me notice or send the notice to wrong address which didn't belong to me .

Joel Gary Selik
Joel Gary Selik
answered on Oct 29, 2022

The notice may be served after the 10-year period for renewing a judgment expires so long as the application for renewal is timely filed. [See Comment to CCP § 683.160]

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1 Answer | Asked in Collections for California on
Q: Looking for a collection attorney who can collect in California based on Judgment, contingency base is 50% of collected

Looking for a collection attorney who can collect in California based on Judgment, contingency base is 50% of collected amount

I have a collection case against an individual based on Judgment

So far the amount for collection is $4768, and attorney can take 50% of the amount... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2022

Feel free to email me the judgment and what is known about debtor.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or be forever barred from relief. I am not your attorney and will not be your attorney until I decide to take the...
Read more »

3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 5, 2022

Collection scams are rampant and this sounds like a scam.

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1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Legal Malpractice for Nevada on
Q: My lawyer and judge are friends and I asked my lawyer about an appeal in a cp domestic violence case and she quit.

My lawyer was very rude tryed to coerce me into pleading in family court and quit when I asked about an appeal because I never got 72hr hearing for child removal in Las vegas 89115

Joel Gary Selik
Joel Gary Selik
answered on Sep 3, 2022

What you describe would not be a legal malpractice case.

1 Answer | Asked in Medical Malpractice for Nevada on
Q: My mom was admitted to St Mary's Hospital in Reno, Nevada for acute liver failure where she was denied any dialysis and

Died 23 days later after kidneys failed. Do I have a case?

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2022

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

1 Answer | Asked in Collections for California on
Q: What is the process to domesticate a debt as a John Doe ? I was sued as a John Doe and won.

Since there was no case I won attorney fees and was still a John Doe. The Judgement debtor refuses to pay so I need to domesticate in a different state, but that seems difficult to do as a John Doe.

Edit- Update : 8-23-22

I received information from an attorney in Wisconsin that I... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Aug 19, 2022

There is no reason that it would be any different as a Doe; simply go forward with domestication and collection.

3 Answers | Asked in Bankruptcy, Contracts and Collections for California on
Q: My brother defaulted in response to my lawsuit and now is trying to settle or claim bankruptcy can he do this to me

I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Aug 18, 2022

Yes he can do this.

If he files bankruptcy you might lose all the money.

But, people often claim they will file bankruptcy to negotiate a debt, but actually will not file bankruptcy or do not even qualify for bankruptcy.

Contact an experienced debt collection attorney who...
Read more »

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1 Answer | Asked in Collections for California on
Q: Is it proper to file Motion for judgment on the pleading

On a fraudulent transfer case

1. Defendant first filed demurrer, the demurrer is completely overruled by Judge, the overruling affirms all claims against the defendant.

2. Defendant then filed answer.

The answer consists either what she stated in demurrer or what are known... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jul 15, 2022

The standards for a demurrer are not the same for MSJ or MJOP.

1 Answer | Asked in Contracts, Business Law and Collections for California on
Q: A freelance client owes money and won't pay. Can I use equipment I have from their company as collateral?

I performed hourly consulting for a small company. They were developing a drone and paying weekly through upwork. The scope of the project exploded from something simple to developing the whole drone. The initial timeline was three weeks start to finish. Initially my role was limited and clear. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2022

You cannot keep property that belongs to them that they provided to you and which is not your work. If they own the drone, you must return it.

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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1 Answer | Asked in Legal Malpractice for California on
Q: Is it legal for attorneys to take large amounts of cash for payment?

My attorney and the firm we hired requested a payment for the retainer be paid in cash which was 25k and they sent some one up from southern california to pick up the money then came back months later to collect an additional 12.5k in cash and same person to run the money.

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2022

While this is unusual, and potentially suspicious, there is nothing illegal about it or unethical

1 Answer | Asked in Legal Malpractice for California on
Q: Can Search Warrant Requests be filed on an Attorney and Doctor if you have legal malpractice arbitration on Attorney?

Legal malpractice case was forced into Compelled Binding Arbitration with a forged (backdated) agreement presented to Court with Declarations of factuality. Same Attorney, of own volition, attempted to hide clients pre-existing conditions in UC - removing pages of Doctors Office Intake Form and... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2022

It would be a Request for Production or Subpoena, but yes, you can seek the records.

1 Answer | Asked in Legal Malpractice for California on
Q: Labor board got judgmt 4 me. They didn’t record. Debtors sold home I was not paid no abstract. is this legal malpracti
Joel Gary Selik
Joel Gary Selik
answered on May 25, 2022

Unless there was something different than I have seen in prior actions of the labor board, no it is not malpractice as they took on no duty of representation. But, if the facts show otherwise it could be.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court...
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1 Answer | Asked in Collections for California on
Q: money judgment awarded in 2012 expires in oct an abstract never recorded do I need to record in order to renew
Joel Gary Selik
Joel Gary Selik
answered on May 24, 2022

If in California or Nevada, then no, an abstract is not required to renew.

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