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Questions Answered by David Keith Hicks
1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: My car was repossessed, i paid the 2 late payments and repo charges, Am I resonsible for the payment during the time

Didnt have my car, 21 days.

David Keith Hicks
David Keith Hicks
answered on May 10, 2017

Yes, you are. Repossession means you had failed to meet your obligations under your vehicle purchase agreement. By paying the repo charges and late fees, you are getting the contract reinstated retroactively. You may not have been able to drive the car, but you are/were the legal owner.

1 Answer | Asked in Business Formation and Civil Litigation for California on
Q: Hi there, does employment (staff lease) agency should be licensed in California, what institution is in charge of this?
David Keith Hicks
David Keith Hicks
answered on May 8, 2017

Contact the California State Labor Commissioner's office. I think they call their office for this the Division of Field Enforcement, or used to. They can guide you.

2 Answers | Asked in Contracts for California on
Q: Unlike past Presidents who set agendas goals for the 1st 100 days. Trump dated and signed a Contract with voters Breech

Can we voters take Trump to court for breech of Contract with the American Voter?

David Keith Hicks
David Keith Hicks
answered on Apr 30, 2017

No, of course not. Political and religious speech are of the highest free speech rights. Commercial speech is also protected but to a lesser degree. Fooling you was one of the permissible acts under the first amendment. Your duty was to yourself, your friends and neighbors and the country to... View More

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2 Answers | Asked in Contracts, Collections and Lemon Law for California on
Q: If a lady sold me a motorcycle for $6,000 in California but wants $10,000 after she wrote 6 on the title, Can she sue me

She gave me the title saying 6,000 and reported it to DMV as that. I than took it to dmv and changed the title into my name. Now she wants payments to make it 10,000 over venmo and take me to court if I do not give her 2,500 by tomorrow. She says that the agreement was over text but she has to... View More

David Keith Hicks
David Keith Hicks
answered on Apr 27, 2017

I agree with the first answer, but if you were in on the switch from 10 to 6k, you may have committed a crime yourself.

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3 Answers | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Q: (CA)What licenses, insurances, forms, do I need to have to hire/pay a 1099 sales rep for my consulting company?

I just started a consulting company where I will be selling custom selling systems, personalized training and coaching to small business owners and sales professionals. I want to be able to pay a sales rep commission every time they get someone enrolled with our services. They will be commission... View More

David Keith Hicks
David Keith Hicks
answered on Apr 18, 2017

Licenses: you need one and if the sales people are really an independent contractors, each needs to have their own business license. This is possible for "outside sales" people, like real estate agents working for brokers or newspaper carriers.

Insurance: no one should run a...
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1 Answer | Asked in Animal / Dog Law for California on
Q: Civil Court: Rules, liabilities, and what to expect?

In August of last year my parents went to visit my aunt. During this visit my parents dog, along with 2 other dogs got into a neighboring pasture and killed a goat, but it is unknown which dog did the most damage to the goat.

My mom was called to court via the D.A. filing, and the court... View More

David Keith Hicks
David Keith Hicks
answered on Apr 17, 2017

This is a humorous read. So, your sister and her dog were visited by your mom? Your mom went into the pasture and killed the goat? Really? That's what you indicate. You should go back and rewrite your question.

The answers to your three questions are

1. Yes unless they...
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2 Answers | Asked in Contracts and Consumer Law for California on
Q: How can, Terms of Service, be binding when most people can't understand what they are agreeing too?

In contract law don't both parties need to understand the terms for it to be binding?

David Keith Hicks
David Keith Hicks
answered on Apr 15, 2017

No. Lots of people don't read contracts they sign and so can't say for certain what is in them. Donald Trump says he signs thousands of leases without reading them. Even lawyers don't always understand contracts, though there are basic conventional terms and conditions we put into them.

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2 Answers | Asked in Business Law, Contracts and Consumer Law for California on
Q: What steps should I take if my contract was signed but not by me?

I went to look at funiture at the funiture. The rep told me about financing, I picked a bed and mattress and put money down to hold it. But when he brought the contests to sign I told him I wanted to read them first before I sign so I took them home and told him I'd come back the next day. The... View More

David Keith Hicks
David Keith Hicks
answered on Apr 14, 2017

maybe you have a desperate for a commission sales person, or a predatory company to deal with. Did you put down a deposit but refuse to sign anything?

Start by calling the finance company back and get their address so you can write to them to disavow that you ever signed the contract....
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1 Answer | Asked in Immigration Law and Elder Law for California on
Q: If a noncitizen from mexico was caught smuggling noncitizens into the u.s and it's on his record can he re-enter legally

More than twenty years ago my grandfather was caught smuggling illegal immigrants into the U.S and was caught. It is on his FBI file is there anyway he can ask for forgiveness to the U.S government for legal re-entry to the U.S. He is 72 now and all he wants to do is visit his american family. What... View More

David Keith Hicks
David Keith Hicks
answered on Apr 14, 2017

You need an immigration lawyer. You can find them categorized in the phone books for the area you live in. These laws change, and are currently in flux, so a general practice lawyer won't have the answer. Expect to make several calls before you give up. The current administration is going... View More

1 Answer | Asked in Elder Law for California on
Q: I reported Elderly abuse by a 44 yr. old daughter who is now ferrious with me has the mother filing charges. Help where?

I am a long time friend of the mother, in 64' we met by 68 engaged to be married, but I had to go to Vietnam and we fell apart, we reunited last April 2016, since I have spent enough time at her house to see her daughter like none of the family has ever seen, the mother is in denial, she lied... View More

David Keith Hicks
David Keith Hicks
answered on Apr 14, 2017

If charges are filed get a criminal defense attorney. Anyone with experience would suffice, but one with a good relationship with the DA's office might find helping you easier. YOU can report elder abuse to the District Attorney's Office in your County. Report the abuse you perceive to... View More

2 Answers | Asked in Civil Litigation, Probate and Elder Law for California on
Q: Under these circumstances who or what type of attorney would I look to ask for help

I have an issue with family my mother m had given me a home that was ours my cousins their husbands and there friends harassed for four years before they came up with the idea of having me evicted from property they did nothing until my moms Alzheimer's was Serious enough that my step father... View More

David Keith Hicks
David Keith Hicks
answered on Apr 14, 2017

Did your mother have a will, a living or family trust? How did she and step-father hold title?

Typically one finds joint tenancy or tenancy in common. Some times title is held as community property. You don't say what state you are in. Married couples that care about each other...
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