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answered on May 2, 2024
Normally, you have to be served with Unlawful Detainer papers. You have 5 days to answer. If you fail to answer the Landlord will get an eviction order against you. When that happens, go to Court and ask for a stay of execution, you may get to explain to the Court why you did not answer and get... View More
She put her and her dad on the house we remodeled and I been paying half the mortgage with her the whole time the house is also worth 200000 than what we bought it for
answered on Sep 11, 2024
Your attorney should be able to request half of the equity on the marital property.
Not quite sure about your statement regarding her parents.
Did she put them on the property ‘s title?
Or did she just allow them to live on the property?
If the first? Then , At... View More
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... View More
answered on Nov 19, 2020
If a reasonable phone call and letter does not do the trick then you have to hire a lawyer to submit a contempt order, if you have previously been granted joint custody. best of luck.
If my financial situation has increased since the last court order, can I still have my child support reduce because of my new born?
answered on Nov 16, 2020
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... View More
answered on Nov 16, 2020
Not enough information to provide a cogent answer. If you could explain, we may be able to explain. Normally, you can co-sign on a note if you have the financial means todo so. Best of luck.
answered on Nov 16, 2020
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.
We're trying to find a way to not have to split the retirement funds after a divorce. We know California is community property state but is there any way around it?
answered on Nov 19, 2020
you can offer another asset or cash in lieu of your pension or if you have similar plans, you can agree not to attach each other's pension in your Marital Settlement Agreement. Best of luck,
i told my landlord about BLACK MOLD and next thing we have the sheriff serving a notice to vacate
how can i stop this
answered on Nov 13, 2020
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... View 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... View More
answered on Nov 13, 2020
YES. YOU CAN SUE YOUR TENANT IN SMALL CLAIMS COURT AND TELL YOUR STORY TO THE JUDGE. BEST OF LUCK.
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?
answered on Nov 13, 2020
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... View More
He paid for the property. Is this a reasonable request?
answered on Nov 13, 2020
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,... View 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... View More
answered on Nov 13, 2020
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... View 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... View More
answered on Nov 12, 2020
Look at your lease and it will tell you your rights. Best of luck.
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.
answered on Nov 11, 2020
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... View More
answered on Nov 4, 2020
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.
Can the check be cash without me knowing?
Last June I managed to speak with someone, I was told they were still making calculations.
answered on Oct 22, 2020
No. Contact your lawyer. Covid has made distribution difficult. 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?
answered on Oct 18, 2020
DECLARATION
I , NAME, DECLARE AS FOLLOWS;
MY ADDRESS IS____, MY TELEPHOONE NO IS; ________
I RECENTLY LOST MY JOB OR GOT A JOB
I DO N OT HAVE ENOUGH MONEY TO PAY MY RENT
I NEED FINANCIAL ASSISTANCE FROM LANDLORD, GOVERNMENT ETC.
I AM INCLUDING A... View More
And they get into an accident. Can the driver of the other vehicle also sue me since the car is registered in my name?
answered on Oct 18, 2020
MOST LIKELY. THERE ARE MANY THEORIES WHY YOU COUYLD BE SUED FOR LENDING YOUR CAR. BEST OF LUCK.
I am in California
answered on Oct 17, 2020
To be or not to be!!!
Let’s see your quandary, are you a lawyer who represented himself in a personal injury case?
If you were representing a client, you would be entitled to your 33 percent fee from the Settlement Agreement and your tax would be filed and would take that income... View More
answered on Oct 17, 2020
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.
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