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Questions Answered by James Kenneth Sweeney

1 Answer | Asked in Collections for California on

Q: How can i settle with a creditor out of court? or is it possible to come to an agreement with them

James Kenneth Sweeney answered on Mar 17, 2012

Sure, it's more than possible to work out a settlement with a creditor if you want to. Telephone the creditor directly, tell them you'd like to work out a deal, ask them for their best terms, see what they say and then negotiate. A lot depends on how much money is owed, who the creditor is,... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: How do I find out who is serving me court papers?

James Kenneth Sweeney answered on Mar 15, 2012

The party is named on the summons and on the first page of a complaint or every pleading filed with a court. There are no anonymous pleadings filed in a court.

1 Answer | Asked in Civil Litigation for California on

Q: Do i need to respond to Plaintiff's responses to Defendants specially prepared interrogatories?

James Kenneth Sweeney answered on Mar 15, 2012

I assume you're the defendant. The answer is No if you are satisfied with the responses. If you believe more is neede for some responses, you need to tal with alawyer or read the Code of Civil Procedure discovery section as to special interrogatories.

1 Answer | Asked in Business Formation for Iowa on

Q: What should i use for duration of corporation

James Kenneth Sweeney answered on Mar 15, 2012

Corporations have no termination until you wind it up. It differs thus from a partnership. Corporations are perpetual entities.

1 Answer | Asked in Consumer Law for California on

Q: What is the statute of limitations for fraud, breach of contract, negligence, illegal foreclosure etc..

James Kenneth Sweeney answered on Mar 15, 2012

Breach of (written) contract is 4 years; oral contract is 2 years.

Fraud is 3 years from discovery or date discovery should have been made of the fraud.

Negligence is usually 1 year with some exceptions.

Illegal foreclosure is not a term recognized by any statute; more details...
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1 Answer | Asked in Real Estate Law for California on

Q: The owner said "I had to wait 20 days for my security deposit" & it passed 20 days already,the owner has not respond

James Kenneth Sweeney answered on Mar 15, 2012

The law states that a full accounting of any deductions from your deposit plus any remaining balance therefrom is to be given to the former tenant not later than 21 days from the termination of the tenancy. Sue the landlord in small claims court and seek sanctions against him for his failure to... Read more »

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