but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?
what if anything... View More 
answered on Nov 25, 2020
Hello,
There is specific case law that protects you from a debt that was not listed on your original Chapter 7 petition. Tell them you filed Bankruptcy and tell them to not contact you any further. If they continue to harass you and attempt to collect on an outlawed debt, please retain... View More
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?
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.
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??
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
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... View More
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.
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... View More
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.... View More
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... View More
Can I just keep car until they pay me?
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?
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?
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... View More
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?
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.
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!
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... View More
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.
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... View More
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... View More
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.
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
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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