I have joint custody and during COVID (my job and family were being exposed) we agreed it would be safe for our daughter to stay with her mom. Now that my job and family has been better, I wanted to go back to normal schedule but the mom does not want to give her back and said that she kept her... Read more »
The answer is maybe. It all depends if your financial situation has not change and you have an additional burden that was not taken into account before.but you must file a change in circumstances form . Best of luck.
Our father passed away a year ago and left no Will. One of my brother did co-sign on the home two years ago. He is now looking to refinance and is asking to sign the forms to do so, which if I understand would make him the executor of the estate. Is that required to be able to refinance the home or... Read more »
I agree with my colleague Yelena Gurevich. I have charged from $10k for a complete agreement of the parties to $26k on a disputed matter. It all depends if the partition is amiable or litigious. Best of luck.
YOU CAN GO TO COURT AND FILE A STAY OF EXECUTION WHICH NEEDS TO BE SERVED ON THE SHERIFF'S OFFICE ASAP. CAVEAT YOU HAVE TO BE READY TO PAY THE CURRENT RENT WHEN YOU GO TO COURT OR PAY IT VIA CHECK TO THE LANDLORD. IF LL REJECTS YOUR CHECK, THAT IS OK. KEEP THE MONEY IN THE BANK AND BE READY...Read more »
I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... Read more »
Wondering if this is something that is actually happening due to the pandemic or if they are just being sketchy about returning my security deposit and if I should continue to push for them to return it within the 21 days typically required by California state law?
IT IS A LITTLE TOO LONG BUT YOU CAN WRITE AND TELL HIM THAT HE WOULD BE ION VIOLATION OF CALIFORNIA LAW, BUT IF HE PROMISES TO RETURN YOUR ENTIRE DEPOSIT WITHOUT ANY DEDUCTIONS, YOU WILL ALLOW HIM THE TIME. IF HE DOES NOT AGREE AND DOES NOT RETURN YOUR DEPOSIT, SUE HIM ON SMALL CLAIMS COURT. BEST...Read more »
MAYBE. IT DEPENDS IF HE PAID FOR THE PROPERTY WHILE YOU WERE MARRIED. IF HE DID, THEN IT IS NOT REASONABLE BECAUSE CALIFORNIA IS A COMMUNITY PROPERTY STATE AND YOU ARE ENTITLED TO HALF OF THE PROPERTY VALUE, SUBJECT TO SOME DEDUCTIONS, IF HE PUT SOME MONEY DOWN TO PURCHASE THE PROPERTY. MOREOVER,...Read more »
I live in Los Angeles, CA. I have a first mortgage loan with Chase ($245,000) and a second mortgage loan ($299,000). The second foreclosed and sold the home at auction. It was my belief that I would be on the hook with Chase for the $245,000 but I recently spoke to an attorney who told me that... Read more »
IF THE SECOND MORTGAGE FORECLOSED ON YOU, THEY ARE ENTITLED ONLY TO MONEYS AFTER THEY SATISFY THE FIRST LOAN. THEY CANNOT POCKET THE MONEY FROM THE FIRST LOAN. SO THEY PROBABLY GOT ANY MONEYS AFTER THE FIRS LOAN WAS PAID. YOU LOST YOUR DOWNPAYMENT ON THE FIRST AND INCURRED A LOSS ON YOUR...Read more »
I live in San Francisco and I've been in the apartment from August 2017 to present (November 2020). My roommate is moving out so I'm searching for new apartments and a realtor told me it may not be legal or enforceable for my landlord to require 60 days notice. EDIT: the lease says the... Read more »
I tried to find new tenants, and haven't been successful so far. If I cannot find anyone before I leave, I plan to leave the apartment (in a good state) and let the landlord keep my deposit. Is it likely for the landlord to sue me? I've been a good tenant paying the rent on time.
If you have tried to get out of the lease and have found it hard to negotiate with the landlord, you may try to get a new tenant to take over your lease. if that does not work, you may look if there are any problems associated with the apartment. If there are some issues, maybe you can get out of...Read more »
You need to file a claim with the bankruptcy court from which you got the Notice of Bankruptcy. The time requirement is in the Notice. You must file a claim promptly or you will lose your chance to recover. Generally, only secured creditors have a chance of recovering any money. Best of luck.
The law in California offer us to pay 25% of our rent. Due to COVID-19, many people lost their jobs of or have increased their expenses. The leasing office required us to provide statement or declaration under penalty? How I would do that?
Yes, the trial is stopped if you file a legitimate BK under any of the Chapters, 7, 11, 13 or 5. however, if you wish to do it just for the purpose of frustrating the creditor be very careful. The case wil restart after your case is dismissed. Consult with a BK attorney right away.
I have temp 100% custody and he has zero visitation- trial is coming. Our couples therapist will testify that he admitting to hitting the kids with belts and that he automatically just goes to the belt and he has a hard time stopping himself, he also demonstrated verbal abuse to me and admitted to... Read more »
Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.