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Questions Answered by Yelena Gurevich
6 Answers | Asked in Bankruptcy for California on
Q: I got served for BofA credit card $24980 debt. I call lawyer who sue me and willing to settle for $14k. Take the deal?
Yelena Gurevich
Yelena Gurevich answered on Sep 8, 2021

only you can answer that question. a lawyer cannot tell you whether or not to take the deal, especially a lawyer you have not hired and doesn't know the facts. so you have to make a decision of what to do. depending on your financial situation, you may qualify for a bankruptcy and wipe out... Read more »

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1 Answer | Asked in Collections for California on
Q: Can I trust a collection agencies offer to pay a reduced amount on an old unpaid charge?

I'm worried that after paying the reduced offer, a different agency will harass me for the balance. would that be legal in CA? What do I do to protect myself? If necessary, how can I investigate the legitimacy of the offer further?

Yelena Gurevich
Yelena Gurevich answered on Aug 31, 2021

if you settled with a collection company to pay less than the debt owed, make sure that settlement is in writing. also note that the balance not paid could be taxable to you so make sure to consult with the person preparing your tax returns.

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How can I legally get my car from my sister in another state?

Loaned a vehicle under the premise she was going to pay me for it.

Yelena Gurevich
Yelena Gurevich answered on Aug 25, 2021

You will likely need to hire a lawyer in the state your sister lives in and sue her.

1 Answer | Asked in Business Law, Contracts and Intellectual Property for California on
Q: Should I respond to an old client who had not paid invoices and just resurfaced offering to pay? Or best via a lawyer?

This was a startup company. The president was a very difficult scheming person to deal with. He paid the majority of my invoices to him early but later on in the relationship did not, and when I ceased work irately criticized me. He claimed he did not have the money to pay me but paid patent... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 14, 2021

You say it's 5 years later. in California, you have 4 years to enforce (i.e. sue on) a breach of written contract. Since you did not sue him within the statute of limitations, you have no legal way to collect. So if he's offering to pay you, take the money and run. You can spend money... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Adverse Possession and Ownership of RE

A friend is in probate after the death of their father. Friend is the only child of father. One property, the one they currently live in, (and lived in prior to fathers death) has not just their father on the deed but both their father and uncle. The uncle is mentally ill and currently lives on the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 11, 2021

adverse possession is not appropriate given the facts stated. your friend is likely looking at a partition action (assuming they have rights tot he estate under probate or through a trust) and they will likely need to place funds into a trust for uncle for when he does surface

2 Answers | Asked in Consumer Law for California on
Q: Can the car dealership void a contact and make me sign a new one?

I went to the dealership, secured a loan, paid a down payment, signed a contact, and brought the vehicle home. Three weeks later the dealer wants me to sign a new contact? Is this legal? Can I keep the old contact? They also want me to sign something else releasing them from any obligations and say... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 11, 2021

generally, the dealer has 10 days to find you financing and if they cannot and do not inform you within those 10 days, then the dealer becomes your finance company. under these circumstances the dealer cannot make you sign an= new contract and you can hold the dealer to the contract you signed.... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Can I stop a creditor from garnishing my wages?

Received certified documents from my job that my wages are being garnished by a creditor. Unaware that I was being sued. Judgement have my information on it but the Writ of Fieri Facias has someone else's name on it.

Yelena Gurevich
Yelena Gurevich answered on Aug 6, 2021

you will need to consult with an attorney that handles fair debt collection cases and potential bankruptcy cases to get an answer to your specific question.

1 Answer | Asked in Real Estate Law for California on
Q: i bought a home 7 months ago. i am the primary buyer my wife had the deed changed in her name only. is that legal?

she has no job

Yelena Gurevich
Yelena Gurevich answered on Aug 2, 2021

it is not possible to change a deed without the person on title signing off. so unless your wife forged your signature, you would have had to sign to add her to title. or she was originally on title. in all scenarios for her to have valid title on a property you purchased, you would have had to... Read more »

1 Answer | Asked in Consumer Law for California on
Q: I signed the loan papers for a used car, it broke down when the dealer took it for gas, do I still have to accept it?

I never took possession of the truck, I never drove it.

Yelena Gurevich
Yelena Gurevich answered on Aug 2, 2021

a dealer is obligated to sell a working vehicle. so it depends if they are fixing what broke down or not. you will need to consult with an attorney familiar with suing car dealerships because the attorneys needs to review all the purchase paperwork and get more detailed information before they... Read more »

1 Answer | Asked in Foreclosure for California on
Q: Whats are my next options if any?

I bought my home back in 2004, with 2 loans (20% & 80%)… 2010 I made a loan modification to combine both loans. I started paying one single payment. In may 2021 I got a default notification and my home has been foreclosed now because the loan modification was made on only one of the 2 loans... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 30, 2021

the loan is secured on the property which means they can foreclose at any time, even 10 years later. to avoid foreclosure, you are going to need to pay the balance due in a lump sum, negotiate the payments due, or file a chapter 13 bankruptcy and do a payment plan to catch up to avoid foreclosure.

1 Answer | Asked in Real Estate Law for California on
Q: How can I speak on incapacitated homeowner's behalf to her HOA? (California)

I'm a caretaker for my mom(homeowner) and we're having problems our HOA. They've been ok with me speaking on her behalf in the past but today I was just told to leave the meeting as it was a homeowner's meeting. She suffers from a variety of illnesses and is unable to speak to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 28, 2021

If you’re mom has the mental capacity she should sign a power of attorney that gives you the right to speak on her behalf. Your facts are a little confusing. It’s not clear if you are being charged the fees because you are late on payments or if there is some other reason. I recommend you ask... Read more »

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Banking for California on
Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

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1 Answer | Asked in Real Estate Law for California on
Q: What options do I have to remove my former boyfriend from deed on my house? He refuses to accept my payout offer

He has stopped making any payments towards the mortgage insurance taxes and this is the second time he’s vacated the premises and left me with all of the responsibility and bills

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

Without his cooperation, you would need to file a partition action which will force a sale or buyout through a lawsuit. You will likely need to hire a lawyer to do this.

2 Answers | Asked in Personal Injury for California on
Q: Do I have to respond to a intent to sue letter from an attorney asking me to remove a review from yelp and pay fees?

I left a review on Yelp for a daycare and shared my story and now the owner claims I have defamed her business.

Yelena Gurevich
Yelena Gurevich answered on Jul 23, 2021

You do not have to respond. It is very rare that anyone can be successful in suing someone for a yelp review. However, you may want to consult specifically with a defamation attorney.

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1 Answer | Asked in Real Estate Law for California on
Q: do i have to disclose to the buyer/ that I built my garage and fence on easement property and up to my neighbor line
Yelena Gurevich
Yelena Gurevich answered on Jul 21, 2021

the rule of thumb is that anytime you think to ask whether you should disclose something in a real estate sale, you should probably disclose it. for a more detailed analysis of the situation you will likely need to hire an attorney to review the documents, the permits, the easement, and the... Read more »

3 Answers | Asked in Estate Planning and Probate for California on
Q: My mother died. She left no will. I am only child. My daughter got her to sign POA. Now has taken all??

'Nana' recently died quite suddenly, and unexpectedly. I am her only child, and I have two children. From the time that we discovered she had brain tumors, to when she died, was only one week. She was very confused and disorientated. During this week, my daughter got her to sign a P.O.A.,... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 20, 2021

You need to hire a probate lawyer right away.

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1 Answer | Asked in Real Estate Law for California on
Q: Could I use adverse possession to get a deadbeat dad that I was not married to off the title to my home?

He has not paid the mortgage or the property taxes since july 2015.

Yelena Gurevich
Yelena Gurevich answered on Jul 6, 2021

you would want a partition lawsuit, not adverse possession. in a partition lawsuit, you would either buy out the other person on title or the court could order the property sold and equity distributed based on interest. under both scenarios, you would take into account who has paid what over the... Read more »

1 Answer | Asked in Consumer Law, Business Law and Small Claims for California on
Q: Does a car dealer have to put a lien on a car to repossess it? Will a judge likely grant the lien if the "deficiency"

is not paying for a "inspection" costing $1820 that the dealer slipped onto the contract without itemizing.

Yelena Gurevich
Yelena Gurevich answered on Jul 6, 2021

if the vehicle is financed, whoever the finance company is (and it could be the dealer) can repossess without a court order if there is reason to repossess

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for California on
Q: Can a dealership sell me a car with no title and had me pay to have smog passed fraudulently?

I bought a used car from a dealership 6 months ago. I received the temporary registration application from dealer and registration application says I need to get the car smogged. I go to a local smog check and the car fails due to the Cadillac converter being tampered with(serial #’s were... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 25, 2021

no, a dealer cannot sell you a vehicle without having title or having it smogged. You need to speak with an auto fraud attorney that will review all your paperwork and facts in detail and go over your options.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I need to know which form to use to file a response to a petition to vacate arbitration award (ADR-106).

A contractor did faulty work for me at a rental property in LA (2018). I took him to CSLB-sponsored mandatory binding arbitration and was awarded $8,124 (1/19/21). He filed an ADR-106 Petition to Vacate Award in February and has a court date of 6/24/21. He cited Cal Civil Code sections to... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jun 7, 2021

a response is not a form. you have to write out a response on pleading paper using legal authority. you usually have to file a response within 10 days of their petition. so get this done asap. you can file a separate petition to confirm arbitration award and you probably need to do that at this... Read more »

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