Questions Answered by Vernon Charles Tucker

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

1 Answer | Asked in Divorce and Child Custody for California on
Answered on Mar 26, 2019
Vernon Charles Tucker's answer
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 (45) days.

You need to then decide if you are going to represent yourself or get an experienced lawyer to handle the proceedings. Is it possible that you could work out the divorce informally...

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

1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Answered on Feb 25, 2019
Vernon Charles Tucker's answer
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 file a responsive pleading BEFORE the default is entered. I don't want to give you false hope so unless the default is rejected you have lost the opportunity to respond. You are now in a default position...

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

2 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Feb 24, 2019
Vernon Charles Tucker's answer
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 damages you would want to join forces with your insurance company efforts to recover the money via subrogation.

I would let your carrier know you have additional expenses and they will add it to...

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?

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on
Answered on Feb 17, 2019
Vernon Charles Tucker's answer
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?

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

1 Answer | Asked in Civil Litigation and Collections for California on
Answered on Feb 15, 2019
Vernon Charles Tucker's answer
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 opposing counsel.

I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...

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

2 Answers | Asked in Civil Litigation for California on
Answered on Jan 23, 2019
Vernon Charles Tucker's answer
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.

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

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Answered on Jan 8, 2019
Vernon Charles Tucker's answer
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 more expensive to file and there are more formal rules that have to be followed, but at least you would be bringing the claim all at once in one action. Good Luck to you!

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

6 Answers | Asked in Civil Litigation and Car Accidents for California on
Answered on Dec 28, 2018
Vernon Charles Tucker's answer
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 underinsured motorist will be presented to the carrier for the plaintiff and this portion will be resolved.

This is a premarital obligation, so your wife's seperate property should be protected so...

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

2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Libel & Slander for California on
Answered on Dec 3, 2018
Vernon Charles Tucker's answer
Stop payment on your Credit Card and deem the charge unauthorized. Then small claims would be your best option for any damages you sustained.

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Answered on Nov 21, 2018
Vernon Charles Tucker's answer
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 assisting to get your child support payments started, but you first need to get a custody order which DCSS can help you with too. Please let me know if I can be of further assistance.

Vernon C. Tucker...

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

1 Answer | Asked in Civil Litigation for California on
Answered on Nov 14, 2018
Vernon Charles Tucker's answer
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 Court and search by the party name.

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

5 Answers | Asked in Bankruptcy and Civil Litigation for California on
Answered on Nov 13, 2018
Vernon Charles Tucker's answer
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 for attorneys that may assist in that capacity. If you cannot locate always remember most Bankruptcy attorneys will work with you on a payment plan to get your case filed.

Respectfully,...

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

1 Answer | Asked in Collections, Small Claims, Consumer Law and Business Formation for California on
Answered on Sep 21, 2018
Vernon Charles Tucker's answer
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 "Alter Ego" of the old corporation. This may open other doors that could apply pressure to judgment debtor if they are one in the same.

I would look at the amount of the judgment, and see whether...

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