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Questions Answered by Yelena Gurevich
1 Answer | Asked in Real Estate Law for California on
Q: Im living in my parents house which they are passed away. According to the will left a year ago this house is owned by

4 siblings. We are having problems fixing the house and selling it due to disagreements. they say the can sue me for rent money, but its not in the will or agreement. Can i be sue for the rent

Yelena Gurevich
Yelena Gurevich answered on Feb 15, 2022

possibly. they can sue bit whether they recover will depend on who is paying the bills and upkeep. it appears there was no trust and only a will (based on the above) so that will require probate to have the property properly distributed by the beneficiaries and through probate it is likely the... Read more »

3 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for California on
Q: My wife had a car accident several months ago. She was at fault. She T boned a car at 40 mph.

The gut she hit hired a personal injury law firm. We recently got an email from our insurance saying they got a demand to pay letter. The client and his firm are seeking the maximum our policy offers. The insurance says they are trying to negotiate within the policy limit but that we should consult... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 15, 2022

follow their advice. your insurance company will represent you in as much as it serves their interests, and everyone will likely settle in the end. but depending on the extent of the injuries, you do want to consult with an attorney to understand your personal exposure should your insurance not... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: I’m being sued by a collection agency. I have no money and rank low income. Where can I find help with this matter.

The amount I’m being sued for is under 2,300.the collection agency has threatened me non stop. Telling me they will send someone to my house and arrest me if I don’t pay them.

Yelena Gurevich
Yelena Gurevich answered on Feb 15, 2022

any threats of arrest for a debt are against the law. you need to contact a consumer protection attorney right away. any al all communication with such a creditor must only be in writing. you might also benefit from filing bankruptcy and wiping out this debt and any other debt you may have.

1 Answer | Asked in Real Estate Law for California on
Q: I believe my friends kids are illegally selling her property one week before her death. How do I have it investigated?

My friend just passed away. She had dementia. She has a reverse mortgage on her home. Neither of her kids have poa. Yet somehow one week before my friend passed away they sold her home to a friend under the agreement both kids get 30,000 each and the buyer takes over the loan. They did this because... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 15, 2022

if true, this is unfortunately. however, you do not have standing (i.e. a legal claim/right) to do much about it. in order for you to have standing you would have to be a family member and/ or a beneficiary of the estate. (p.s. selling a reverse mortgaged property is not that simple... there is... Read more »

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: Sued for breach of loan contract. Want to settle with payment plans. Bad idea to talk to other side's attorney directly?

Younger me was stupid and made a lot of mistakes, credit-wise. I was served a summons, found out I am being sued by a creditor in my local California Superior Court in my county. I want to settle and ask for a payment plan and avoid going to court if possible to save time and money. Would it be... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 15, 2022

you can always contact the other side and try to negotiate. but given that you are not an attorney and likely do not know your rights, they will likely take advantage of that. you might benefit from filing bankruptcy and wiping out this debt and any other debt you may have. you are young enough... Read more »

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1 Answer | Asked in Consumer Law, Federal Crimes and Identity Theft for California on
Q: Hello, my mother was the victim of a scam involving phone hacking, credit card theft and gift cards. Seeking legal help.

We want the bank to drop the credit card charges, but they insist there was no fraud. I need help building a case to prove that the funds were stolen/coerced (about $8,000). Should I seek legal counsel from a consumer protection lawyer or is this identity theft? Who could help me with this case?... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 11, 2022

This is both a consumer issue and identity theft. You definitely want to consult with a consumer protection attorney. You also want to make sure you file an identity theft report with the FTC (https://www.ftc.gov/faq/consumer-protection/report-identity-theft). You also want to send written, by... Read more »

2 Answers | Asked in Estate Planning for California on
Q: I live in California my mom’s trust is In Arkansas.I am wanting to contest the trust. How many day do I have?
Yelena Gurevich
Yelena Gurevich answered on Feb 9, 2022

you will need to speak with an arkansas trusts and estate attorney.

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1 Answer | Asked in Contracts for California on
Q: I traded in a car I had leased for 3 yrs at car dealership and bought a car there .Now they say I owe more.

I took my car in to be serviced Jan 14th. I had 2 written service orders from June. One was to install a car alarm that was included in my payments so no/charge. The other was for a key fob they promised to get for me because I was only given one, there was no charge. After the alarm was installed... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 8, 2022

you need to have a consultation with a dealership fraud attorney that can review all your documents. these cases are time sensitive so don't delay the consultation.

1 Answer | Asked in Consumer Law, Banking and Collections for California on
Q: In California what is section 9, chapter 19?

Alright, we are going to download the case against your name and social, thereafter you will be receiving the court summons at your doorstep and thereafter we will not be able to help you out. We did not received any response from your side. We will consider that you are ignoring this matter and... Read more »

Yelena Gurevich
Yelena Gurevich answered on Feb 8, 2022

this sounds like a scam. but without you sitting down or sending the document to an attorney, no one can answer your question. there are many chapters and rules and you would need to specify which set of rules this is referring to, i.e. civil procedure, rules of court, etc.

2 Answers | Asked in Contracts and Collections for California on
Q: How does one collect on a Promissory Note?

A loan was made for 80k payable for one year at a 1k per month with an interest rate of 8%. At the end of the year the note would become due in full. Payments were made until the year was up and Covid hit. Since then no money has been paid.

Yelena Gurevich
Yelena Gurevich answered on Feb 8, 2022

i'm assuming this promissory note was in writing. the document should have provisions for default. an attorney would need to review the document, find out if the note is secured or unsecured, and give you various legal options available.

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Lemon Law for California on
Q: Does my family member have a case for innocent, or even negligent misrepresentation?

A family member of mine recently purchased a used car in California, opting to enter into an “as is” contact because the car dealer showed them paperwork certifying the condition of the car (checked/signed off on by a mechanic of his choice), as well as a clean accident report. Due in large... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jan 31, 2022

Like most attorney responses...it depends. The fact pattern suggests your friend had the vehicle inspected by "mechanic of his choice." This implies that your friend's mechanic inspected the vehicle and found no issues. Or it could imply that your friend did not have the vehicle... Read more »

2 Answers | 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 »

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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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