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Questions Answered by Joel Gary Selik
1 Answer | Asked in Legal Malpractice for California on
Q: Have charged PI Atty with Breach/Negligence and now they're using Felony I admitted to on intake form against me

Is it possible to prevent the entire case getting skewed in the wrong direction of playing character reference games versus trying the actual matter? I was honest about having carried the $10,800 on a plane 10 years before and have graduated with 2 degrees since then. They've presented an... Read more »

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

Bringing up issues like this is typical.

There are ways to exclude the evidence and this would probably not be admissible at trial.

But it not matter. Confronting the fact and dealing with it can strengthen your case in the hands of a good attorney.

1 Answer | Asked in Legal Malpractice for California on
Q: I did not have the funds to make a payment and the company kept running my account every day costing me 900. Legal?

I'm on a bi-weekly payment plan with a company. I was in the hospital and did not have funds in my account for the agreed date. The manager then kept running my card every day after which my bank kept and then declined as insufficient funds costing me hundreds. Is this legal for the company to... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 14, 2022

The key word is, if without authorization. If without authorization, they may not do so.

Look for an attorney who handles Fair Debt Collections Practices Act cases. please

1 Answer | Asked in Legal Malpractice for California on
Q: Are there any plaintiff legal malpractice (employment realm) lawyers in So Cal interested in taking on a case?

In some ways the case, though a bit of a niche, is comparably easy & less time consuming- overall.

Joel Gary Selik
Joel Gary Selik
answered on May 12, 2022

You should e-mail a legal malpractice attorney with the basic facts.

Joel Selik

1 Answer | Asked in Collections for Nevada on
Q: I live in Nevada. I was just served papers, the woman handed them to me did not sign anything and left?

I was served papers hand to hand by a woman she didn't sign anything at all. I have this all on video and audio. The papers are for debt summons. Don't they have to sign a receipt copy and give it to me? I was told by a coworker they have to sign it when they give it to me.

Joel Gary Selik
Joel Gary Selik
answered on May 4, 2022

The proof of service does not have to be signed in your presence or given to you.

Look for an attorney who handles Fair Debt Collections Practices Act cases.

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for California on
Q: Hello. I wanted to know if I have a case or a changing of winning a case?

So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2022

Consider small claims court where you may represent yourself.

1 Answer | Asked in Legal Malpractice for California on
Q: Do I have a legal malpractice suit if my lawyer didn't appear at my first DUI hearing or submit my DMV paperwork?

The law office didn't submit my DMV paperwork for a restricted license or appear at the first court date. I was told there wasn't any need for me to appear but thankfully I did or I would have had a warrant. The law office did not call the court, clerk or me and I didn't hear... Read more »

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

Yes, you might. Further facts would have to be evaluated.

One issue in many legal cases, is, does the amount you may recover, warrant the expense of bringing a lawsuit.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or...
Read more »

1 Answer | Asked in Collections for Nevada on
Q: I was sued for a voluntary Repo of a car from 7 years ago....Apparently The defendant said I was served and has a judgt

i was never served and its past the statute of limitations i think. I got mail from the constable today. How can I get the court to dismiss it since i was not served and its past the statute of limitations?

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

Immediately file a motion to set aside the judgment.

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Why can't I or my current dentist get my dental records without a lawyer?

Dr. Navales, Absolute Dental, incorrectly implanted posts to hold a clip-on denture. Broken posts and extreme pain have been the result. I am currently spending another $10,000 for dental work in another office to be able to have a clip-on denture without constant post breakage and pain. I was... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 7, 2022

The California Dental Association has a publication on obtaining your records:

https://www.cda.org/Portals/0/pdfs/fact_sheets/patient_records_english.pdf

Make sure the request is put in writing.

Standard Notices:

NOTICE DEADLINES: There are strict time deadlines...
Read more »

6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

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

If the judgment is not renewed prior to expiration, it may not be enforced.

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: If a creditor sells your debt to a collection agency, are they legally able to still accept payment on the debt?

(I have a debt in collections, however my apartment complex is getting paid through the state to take care of the debt so I am not sure how that works). The apartment complex already filled out the information to receive the money.

Joel Gary Selik
Joel Gary Selik
answered on Apr 4, 2022

If they know longer on the debt, they cannot collect money on the debt.

1 Answer | Asked in Legal Malpractice for California on
Q: How can I get my file from the attorney I fired last week?

After catching him in one more of many lies, I got fed up with his indifference to the 2 cases I hired him for and fired him. I have been requesting my file from him since then with no acknowledgement or response. Unfortunately, due to unforseen circumstances, I had to move to a different state so... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 30, 2022

If he missed time limitations you may have good legal malpractice cases. Speak with a Certified Legal Malpractice Specialist.

To get your file, if you get a new attorney, he or she will get the new file for you.

No, the attorney may not withhold the file from you.

1 Answer | Asked in Copyright, Tax Law, Traffic Tickets and Collections for Nevada on
Q: what can i do about an collection of a insurance claim
Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2022

If you could provide more details, that would assist in getting the best answer.

1 Answer | Asked in Legal Malpractice for California on
Q: Hello - I am suing a law firm, a lawyer and a para legal. Ina rquest for admissions, who do I say is answering?

Do I write up a separate request for each party?

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2022

It would benefit you to do separate requests to each defendant separately.

4 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for California on
Q: What course of action do I have against an attorney that I believe is guilty of negligence and misrepresentation?

I entered in to a contract that was prepared by an attorney for my step father. I was to be paid $30,000 out of escrow for the sale of my mothers home. I fulfilled my obligations for the contract. The home sold and I was told there was no money left due to a lien. I later found out from the title... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 11, 2022

Consult with a legal malpractice attorney in your state for the attorney to properly make the claim for malpractice.

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1 Answer | Asked in Collections for California on
Q: Hello, how can i get a court order to remove property lien if judgement creditor is non responsive? thank you

Judgment was paid through Levy office via wage garnishment and i talked to Levy office and seems like is a balance of 731 on the account. The law firm who filed the court case is unresponsive and I'm unable to get the satisfaction letter from them. Working on trying to re-finance the house but... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 9, 2022

Follow the instructions in California Code, Code of Civil Procedure - CCP § 697.410.

1 Answer | Asked in Legal Malpractice for California on
Q: Is it a crime or a grievance for the state bar when an attorney who is divorcing hacks into wife's email account?

My ex husband is a licensed California Attorney. When we were litigating our divorce my attorney filed to be relieved as counsel because she could not "get ahold of" me. I felt our communications had been intercepted somehow. I was completely devoid of any tech know how then. At that... Read more »

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

Its is both.

The crime is reported to and prosecuted by the District Attorney.

The complaint is filed with the state bar.

4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Joel Gary Selik
Joel Gary Selik
answered on Feb 25, 2022

Yes there is a time limit to file a lawsuit. Their are exceptions that may apply to this case. Consult with an experienced medical malpractice attorney right away.

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2 Answers | Asked in Collections for California on
Q: I’m being sued by a debt collection agency.

This is my first time having to deal with something like this and I didn’t know that I had to respond to the summons. I thought I just had to show up for the trial date stated on the summons. Looking up my case number in preparation for the court date I just found out that a default judgment has... Read more »

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

You need to, immediately, file a motion to set aside the judgment.

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1 Answer | Asked in Collections for California on
Q: How can you collect a debt from someone who hides their assets?
Joel Gary Selik
Joel Gary Selik
answered on Feb 12, 2022

It may seem obvious, but search for assets. There are many tools and techniques.

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