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Questions Answered by Joel Gary Selik
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...
Read more »

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.

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.

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