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Questions Answered by Vernon Charles Tucker

1 Answer | Asked in Civil Litigation for California on

Q: what is the time limit to respond to a motion filed by defendants?

plaintiff dismissed the case before hearing on anti-slapp motion. the defendants filed a motion to collect their fees from the plaintiff. is this even possible?

Vernon Charles Tucker answered on Sep 3, 2019

Yes because you needed to obtain a Dismissal w/ a waiver of costs. Since you did not do so the defendants are seeking their costs now.

1 Answer | Asked in Collections and Small Claims for California on

Q: If a $50,000 bond is disbursed thru numerous claimants in a case?

how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??

Vernon Charles Tucker answered on Jul 17, 2019

Hello,

Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!

Respectfully,

Vernon C. Tucker, Esq.

Member California Bar

1 Answer | Asked in Divorce and Child Custody for California on

Q: Good afternoon, recently i was served divorce papers along with custody papers. I have no idea what to say or do. HELP?

Vernon Charles Tucker answered on Mar 26, 2019

You need to first note how you were served. Was it personal service or served on someone else which is commonly known as sub service? Was the service valid?

The reason why this is important is because it controls when your responsive pleading is due. Which will either be thirty (30) or...
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1 Answer | Asked in Business Law, Civil Litigation and Collections for California on

Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

This was filed in Orange County, ca. I am located in Multnomah County, OR. All documents were signed by me in OR. I am simply trying to avoid have a default judgement against me as the immediate step.

Vernon Charles Tucker answered on Feb 25, 2019

If you received a Request for Entry of Default you are in a tough position.

This means service has been effectuated upon you and your responsive pleading was already due by now.

The defendant has now requested a default to be entered against you and this will happen unless you...
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2 Answers | Asked in Business Law and Civil Litigation for California on

Q: There was a fire in my home caused by faulty wiring put in by an AC company. Can I sue the AC company?

I had a new AC system installed 7/2017. The fire occurred 7/2018. The fire department, and multiple fire investigators determined the cause of fire was faulty wiring that shorted out and started a fire in my attic. I filed a claim with my insurance company and all repairs were made to my home.... Read more »

Vernon Charles Tucker answered on Feb 24, 2019

If your insurance company paid you then you would only be entitled to any out of pocket expenses that were not covered by your insurance company.

Your insurance company will be pursuing the A/C company for the damages sustained to your home via subrogation. If you have any additional...
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1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on

Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

Can I just keep car until they pay me?

Vernon Charles Tucker answered on Feb 17, 2019

Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?

1 Answer | Asked in Civil Litigation and Collections for California on

Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?

Received summons, I responded with affirmative defenses, filed and served with the court. Had the response served I don't hear nothing until the other day when I receive a request for Default. What should my next step be? Dismissal?

Vernon Charles Tucker answered on Feb 15, 2019

I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by... Read more »

2 Answers | Asked in Civil Litigation for California on

Q: We live in California Sonoma county lawyer asking for double what lien states.

Judgement and lien filed against wife in looking at papers it states $5400 from 2011. When I called to ask how to resolve they said it was now double! $9000 but states no where on the judgement. What do we really owe?

Vernon Charles Tucker answered on Jan 23, 2019

A judgment earns 10% interest per year in California and adds up quickly over eight (8) years. You can always try to negotiate the balance down, but to answer your question you technically owe the entire principal balance plus the interest.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on

Q: If two brothers want to sue their sister over damages while sister impersonated the executor of the estate. 7500 each?

Can we both sue for max of $7500 each within one small claims case, or do we need to sue separately to both end up with 7500?

We both have the same complaint!

Vernon Charles Tucker answered on Jan 8, 2019

You can only file up to $10,000.00 in small claims now. So, to answer your question you would probably have to file separate actions in small claims, but you may want to consider Superior Court and you could then bring both your actions in one lawsuit in limited civil. Obviously, Superior Court is... Read more »

6 Answers | Asked in Civil Litigation and Car Accidents for California on

Q: I rear ended someone on april 1, 2019. They are suing me and the damages are over my policy limits.

I was married on april 28th 2018. My wife has a house in her name, I am not on it. Should we file our taxes separate or joint for 2018? Can they come after her house? I want to protect my wife's assets.

Vernon Charles Tucker answered on Dec 28, 2018

There is two parts to an auto accident claim typically. Those two parts are Bodily Injury and Property Damage.

I would imagine you are being pursued for the property damage portion of the claim since typically if you do not have enough insurance for bodily injury damages a claim for...
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2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Libel & Slander for California on

Q: Can I sue a major hotel chain for damages i did not do but was still charged for?

I was at a Holiday Inn for two weeks. One night I ran a bath and fell asleep for 10 minutes. It over flowed and and soaked the carpet. The next day the manager told me it looked liked there was no damages. I was there for another week with no mention of it. When I flew home I see they charged my... Read more »

Vernon Charles Tucker answered on Dec 3, 2018

Stop payment on your Credit Card and deem the charge unauthorized. Then small claims would be your best option for any damages you sustained.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on

Q: What steps do I take to start divorce proceedings with my estranged husband who left California and started over already

Im also trying to find out information about family law child custody and support. He hasn't paid a dime or even called on her bday she just don't exist and he just left us with literally nothing. I am begging u for some direction to get my life back plz. I just don't know what im doing. TIA

Vernon Charles Tucker answered on Nov 21, 2018

Ms. Webster,

You would first need to start off by filing a petition for dissolution of the marriage to dissolve the marriage. When filing the petition you can address the custody issue and the child support as well. The Department of Child Support Services (DCSS) can be useful in...
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1 Answer | Asked in Civil Litigation for California on

Q: How do I find if there have been any complaints filed against a company in either state or federal court ?

The company is called 'Currency Capital, LLC/' and I am only looking for legal complaints, not complaints with the BBB or another similar rating agency.

Vernon Charles Tucker answered on Nov 14, 2018

You could run a search on Public Access Court Electronic Records (PACER) to look for any Federal Lawsuits filed. As to the state court search you can log into a service like Westlaw and run a docket search or simply search the court you feel the lawsuit would be filed in like Los Angeles Superior... Read more »

5 Answers | Asked in Bankruptcy and Civil Litigation for California on

Q: I want to file for bankruptcy? Can I get help with the fees since I’m low income? How to get a pro bono service help

Vernon Charles Tucker answered on Nov 13, 2018

If you are low income then you may qualify for a fee waiver, but this must be usually done in person at the court house along with your completed petition for Bankruptcy.

As far as getting help on a pro bono basis I would refer you to the State Bar of your jurisdiction's website to look...
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1 Answer | Asked in Collections, Small Claims, Consumer Law and Business Formation for California on

Q: Trying to collect on a judgement on a business that dissolved after my judgement. What do I do

The company I won my judgement against change the name of the business and started running the business under this new name on 5/17/2017 5 days before our first court date which they never showed up for all three times. The company did a article of dissolution a month after my judgment was entered... Read more »

Vernon Charles Tucker answered on Sep 21, 2018

If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.

However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an...
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