Sergio G. Chaidez's answer The terms of cancelling contained in the agreement are important. The terms about performing under the contract are also important. One would need to read those to see how they affect your case. However, you still may have the defense of frustration of purpose, meaning that an unforeseen event (your illness) had frustrated the purpose of the contract--that you receive coaching. This defense has problems, though, because you can wait until you recover from your illness and then receive the...
Sergio G. Chaidez's answer Hello. You need to defend against the lawsuit. If you were served with the lawsuit, then you have only a short amount of time to file a response with the court. You need to file a response to the lawsuit so you can defend yourself against the allegations and liability.
Sergio G. Chaidez's answer Hello. Do you have a copy of the service agreement? You may possibly have a claim for breach of contracts, e.g., you promised to pay for voip service in exchange for their promise to provide service properly and let you keep your number if you changed service; you kept your promise, but they broke theirs. But you should check the service agreement to see if there's anything in there that lets them off the hook. You also should check if there is mandatory arbitration clause in there.
Sergio G. Chaidez's answer If they intentionally misrepresented a material facts, then you may have a cause of action for fraud. Further, if they breached the lease agreement, and you have proof (e.g., emails, inspection reports, etc.), then you may be entitled to an off-set, or even damages. Further, if this is being reported on your credit reports, and the claim is false, then you have another cause of action there. Do some more research or confer with an attorney about drafting a letter to the property manager...
Sergio G. Chaidez's answer They can try, but they should not succeed. They may not know what happened. Your grandfather's estate is not liable for your mother's debt, so they cannot collect against his estate. Now that it soon will be your property, you also are not liable to for your mother's debts (unless you expressly guaranteed her debts). Further, it being 12 years since her death, that should make it even more difficult for them to try to take property from you.
Sergio G. Chaidez's answer Did they collect against you already? If they released the judgment, it should mean the judgment was satisfied or paid off. Regarding the DMV, the judgment-creditor likely needs to file something with the DMV to inform them that the judgment has been satisfied. The DMV is not part of the court system or county recording system; they need to receive notice as well.
Sergio G. Chaidez's answer Unless you authorized them in your credit card or mortgage agreement to process that payment, then no. Bank contracts sometimes have clauses in them that say you authorize them to make certain payments on your behalf if certain conditions are met. This may be what happened. But you need to make sure. If that is not what happened, then you may have a cause of action against them.
Sergio G. Chaidez's answer Yes, if your company maintains a presence in California (such as Human Resources or Payroll Dept.) or issues payment here using a California payroll processing company, then they can garnish your wages. You can try to settle the judgment, or if there is a problem with the judgment, you can attack the judgment in court.
Sergio G. Chaidez's answer Yes, there is something you can do. But you have to act quickly. The creditor must properly serve you with the lawsuit before it can get a judgment. If you never were served with the papers, and you did not learn of the lawsuit in time to defend, then you can try to vacate the judgement. Vacating the judgement "erases" the judgment and lets you defend yourself. To do so, you can file a motion, but you should act quickly.
Sergio G. Chaidez's answer If you are representing yourself, then you can contact their attorney directly; there is no need to go through the judgment-creditor if you are representing yourself. If you pay the judgment in full, the judgment-creditor must file the acknowledgement of satisfaction of judgment with the court immediately. If they do not, then you can make a formal, written demand that they do so. The judgment-creditor then will have 15 days to file it, and if they do not, then you have cause of action...
Sergio G. Chaidez's answer Yes. If it is a federal loan, the Federal Department of Education is establishing a process for you to submit a claim for forgiveness on the grounds that school misrepresented itself to you or otherwise defrauded you into taking the loan. The department of education website has more information on this process for you. It involves providing specific information and documentation.
Sergio G. Chaidez's answer This is something you can fight. You will need to review the terms and conditions your wife agreed to when she was added to the account. You also will need to review the terms and conditions of the agreement for the line of credit. Do not just accept the bank's oral representations to you. Look to the contracts to see what was agreed to. Even then, you can argue that your wife did not authorize the line of credit, was not a party to that agreement, and use those arguments to negotiate a...
Sergio G. Chaidez's answer Hello. Did you know about the lawsuit, or did you only learn about it once they started garnishing your wages? The plaintiff is required to give you proper notice of the lawsuit so that you can defend yourself. If they did not do that, and you have proof, then you possibly can undo their victory and force them 1) give you back your garnished wages; and 2) allow you to defend against their lawsuit in court. Time is important. The longer you wait to resolve this, the less likely it will be...
Sergio G. Chaidez's answer Hello. If you were sued in Los Angeles County, you can check the status of the lawsuit on the court's website. On the site, hover the cursor over "online services" on the menu, then scroll down and click on "case summary." From there, you can use the case number to search for your case and see its status. The case number will be on the complaint they served on you in January.
By now, since you did not respond, odds are there is a default and default judgment entered against. That...
Sergio G. Chaidez's answer You do not need an attorney to file your answer, but it helps. You can visit legal self help at the courthouse for assistance in preparing your answer in "pro per." The answer can be as simple as a form, but you need to make sure you complete it correctly, serve a copy on the plaintiff, and then file it with the court along with the filing fee.
Sergio G. Chaidez's answer It is better to get out ahead of them. While SSI & SSDI direct deposits are exempt, that will not necessarily prevent a judgment creditor from trying to collect against them and forcing you to explain why they are exempt.
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