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Questions Answered by Yelena Gurevich
1 Answer | Asked in Real Estate Law for California on
Q: Seller wants to back out - Who is right?

We signed a contract to purchase ($700k) home and entered into escrow. The home inspection showed a lot of repairs, so we decided to cancel the contract. My realtor sent “Cancellation of Contract” to the seller.

The seller called us back saying that they are willing to fix the repairs... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jan 24, 2022

Each side's lawyer (i.e. buyer's lawyer and seller's lawyer) is going to claim that their respective client is "right." Who will win a lawsuit depends on more facts. Did the seller agree to repairs in writing, thereby waiving the buyer's cancellation? Was the... Read more »

1 Answer | Asked in Contracts for California on
Q: Need help filing a answer to breach if contract. False allegations
Yelena Gurevich
Yelena Gurevich answered on Jan 24, 2022

For an attorney to help you file an answer, you will need to call attorney's office, have a consultation, and hire the attorney. Answers are due 30 days from being served so time is of the essence.

1 Answer | Asked in Collections for California on
Q: How do I dispute a collection that was resold to another agency after I already disputed it and it was deleted?

It reappeared on my credit report months later. Do I have to keep disputing every time?

Yelena Gurevich
Yelena Gurevich answered on Jan 12, 2022

Yes, you need to dispute it again. You also may want to contact a consumer protection attorney and have a more in depth consultation regarding your situation.

Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... Read more »

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2 Answers | Asked in Consumer Law for California on
Q: Is it legal for a dealership to sell a car that the previous owners bank still has a lien on?

This is causing me to not be able to get my registration and license plates. My temporary plates are 2 weeks expired already.

Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2022

Generally, a dealership has selling a car, has to sell it with clean title, which means the lien needs to be paid off. You need to call an attorney to have a full consultation and review your purchase documents. Only then you can explore the options available to you.

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1 Answer | Asked in Contracts, Real Estate Law and Business Formation for California on
Q: Can a business owner keep my deposit if we needed more time in order to buy the business but she sell it to someone else

We put in a deposit to buy a business but due to unforseen circumstance at my work, I need more time before I can quit my job and start the business. There was no agreement signed stating that the deposit was non refundable but she refused to refund my money and is planning to sell to someone else.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jan 3, 2022

it's generally not a good idea to give anyone a deposit without a written contract. at this point you will either need to pay a business attorney for a complete consultation and advice or possibly take your chances in small claims court (if the amount is under $10,000).

2 Answers | Asked in Consumer Law, Small Claims and Collections for California on
Q: I am being sued by a debt collector.

I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 29, 2021

First, an appearance is absolutely required unless you want a default against you. You must attend all hearings. Second, you will need to file an opposition stating that you were never served and attach a declaration. I highly recommend you contact and consult and even hire an attorney. These... Read more »

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4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2021

Use a find a lawyer feature and look for cole room attorneys.

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2 Answers | Asked in Collections for California on
Q: I live in California and was just notified from my employer about wage garnishment what do I do ?

My employer just emailed me today notifying me about wage garnishment. First off, the debt is mine no objection to that . But To my knowledge I was never served or had any recollection that they were pursuing me this hard. What should I do ?

Yelena Gurevich
Yelena Gurevich answered on Dec 22, 2021

your options are 1) pay the debt, either work out a direct payment or let them garnish you, or 2) file bankruptcy and eliminate the debt if you qualify.

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1 Answer | Asked in Foreclosure for California on
Q: can your bank send you out a loan modification package after they sold your house?

I had a loan mod approved bank called me back to remove ex husbands name said i would get updated package never got callwd and emailed dozens of x never told buy 1 person in bank my house was in foreclosure they finally said they found my modification and would fedex it out they did but then i... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 20, 2021

you need a full detailed consultation with an attorney that has experience in mortgage litigation. there are too many facts missing and the attorney would need a timeline and all documents you have.

1 Answer | Asked in Consumer Law for California on
Q: How do I view the Exhibits filed with Complaint by collection company/debt buyer? I was served via USPS mail 12/02/2021

Sued by Calvary for a debt I allegedly have with Citibank. But I have no idea what account theyre talking about. Citibank is not on my credit reports for 2021, 2020, 2019, 2018. How could I have a charge off thats already deleted by original creditor? What can I do? Im filing my answer but how... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

If you cannot pull the documents from the court online system, you can ask opposing counsel to email you another clean/clear copy or you can go down to the courthouse and ask for the documents to be printed by the clerk's office (for a fee). It's not clear whether you are claiming the... Read more »

1 Answer | Asked in Foreclosure for California on
Q: My house was auctioned off due to foreclosure. My name was not on the mortgage? Would I qualify as a eligible bidder?

The mortgage was in my ex brother in law's name. Before he passed away he deeded the house to me. Would I qualify as a eligible bidder or eligible tent buyer?

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

no. if you are on title to the property, you would not be able to bid at auction. the post is a little confusing because you say the "house was auctioned off" which implies it was already foreclosed upon so it's not clear how you would be able to bid on anything at this point.... Read more »

2 Answers | Asked in Business Law, Contracts and Federal Crimes for California on
Q: I need to know if I can get out of contract. Possible fraud.

I paid $50,000 to a company that promised to open and after that manage Amazon and Walmart stores for me. They promised a 20-40% return on investment monthly.

It has been three months and no work has been done. It’s very hard to get hold of anybody at the company and all communication is... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

Attorneys cannot solicit your business here. This is a forum where we can answer specific questions about general legal principals. You will need to use the find an attorney feature and call attorneys to have consultations and get quotes as to fees for the legal work you may need. Good luck.

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1 Answer | Asked in Consumer Law for California on
Q: If the nail salon threw your phone in the water and you walked out and did not pay

I went to a nail salon and the tech threw my phone in the water I walked out did not pay it cost me 300 dollars for a new phone.

Yelena Gurevich
Yelena Gurevich answered on Nov 30, 2021

there's no actual question here to answer, but $300 is a small claims issue.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Is the contract for work on my house voidable? If so, what do I need to do to void this contract?

I signed a contract for work to be done on my house after some water damage was incurred. They came to my house on 10/30 to look at what needed to be done and provided me with an estimate on 11/2. However, I now know that their contractor’s license expired on 10/31.

Yelena Gurevich
Yelena Gurevich answered on Nov 26, 2021

if they performed work that benefited you, you still owe the money for the work completed, regardless of their contractor license status. if they have not performed any work, then it may be possible to cancel the contract but you would have to spend money on a lawyer to review the contract and the... Read more »

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: My Ex has not made good on his promise to buy me out of our home. Can I take him to court to get this resolved?

We agreed to keep the assets out of the divorce and handle it amicably between us. This was not entered into our divorce decree. Twice he has given me a verbal that he would refinance and buy me out. Then he tells me he is waiting to use the equity in our home to purchase his parents home from his... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 23, 2021

you can initiate a partition action and force his hand to sell the property or buy you out. you will need to consult with and hire a real estate attorney for such a legal action.

1 Answer | Asked in Collections for California on
Q: Re: Debt Collection, Doscover Card, Amount: $14000. I have Medical and CalFresh benefits. I am a Gig Driver, low incom

I cannot pay this Debt, I make $1800/month NET income. After rent & utilities, have $280 left for incidental per month.

I have a wife and 18 yr old in college. The $280 is not enough to cover our monthly cost.

Per my doctor advise with current medical problems, I am 68, now I... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 16, 2021

as a general note, the court does not really consider much of your personal financial state when it comes to collections lawsuits unless you fall into a category of being judgment proof. the court will likely allow a judgment against you which means your wages could be garnished and your bank... Read more »

6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 5, 2021

it is likely past the statute of limitations but an attorney would need to review what you are receiving and get more facts to further advise you.

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1 Answer | Asked in Real Estate Law for California on
Q: Am I entitled to half the house of boyfriend and I split?

Hello. My boyfriend and I purchased a home together. He was unable to alone because of his credit, so he asked me to be on the house too so I did. He keeps threatening me saying he’s the one investing the money (he knew my finances up front and was fine with him paying for fixing things up) and... Read more »

Yelena Gurevich
Yelena Gurevich answered on Oct 28, 2021

Yes, if you are on title you would be entitled to something. however, if he made all the payments, he could be credited for those. you would need to have a full consultation with a real estate attorney as to your rights and the specific facts of the matter.

1 Answer | Asked in Banking and Collections for California on
Q: Can a collection agency garnish my bank account , strictly social security benefits ?
Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2021

No. But you have to take certain steps like filing a right of exemption and notify the collectors attorney that the funds are social security only.

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