I bought a car off the lot and the car dealership failed to give me my title and proper registration. Fast forward I took them to court and they appealed it I won't the appeal car not eligible in the state of California title I'm Indiana we tried multiple times to get the title with a DMV... View More
answered on Nov 12, 2023
Under California law, if a court has ordered the dealership to refund your money and they have declared bankruptcy, the responsibility may shift depending on the type of bankruptcy filed. If they filed for Chapter 7 bankruptcy, their assets are liquidated to pay off creditors, which might include... View More
answered on Nov 7, 2023
Yes, it is possible to remove yourself from a trust in California legally. There are two main ways to do this
Termination of the trust: If all of the trust's beneficiaries have agreed to terminate the trust, the trustee can terminate the trust and distribute the assets to the... View More
I filed for bankruptcy chapter 7, got approved now waiting the 6 mo for discharge (10,000 back rent will be discharged). I had my 1st trial for the Eviction Unlawful Detainer, I got a Judgement letter that stated I have to pay a certain amount by 11/7/23. I'm going through a hardship so I... View More
answered on Nov 7, 2023
In California, once a judgment for possession is entered in an unlawful detainer case, the sheriff can enforce the lockout. However, if your judgment letter states "No Lock Out before December 10th, 2023," then typically, the sheriff would not perform the lockout until after that date. It... View More
advice, overview, edit Petition Writ Mandate ,Evidence o App( not sure if on appeal Trial Court have Jurisdiction or Appelate. or not or. both ) and / or nee help advise on proceed bifurcation vs go to Jury Trial ,
Judge was to sever my claims from other tenants Trial 11.27.23... View More
answered on Nov 6, 2023
Under California law, bifurcation in a civil case allows for one or more issues to be separated from the others and tried separately, often to expedite a certain part of the case or when the issues are distinct enough to warrant individual attention. In family law, this often means that the marital... View More
Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?
answered on Nov 1, 2023
A quick search tells me that ASD went out of business and filed a Ch. 7 (liquidation) bankruptcy.
A debtor in bankruptcy, and/or his creditors and contractors, has a limited (two months) to choose whether to assume any executory contract or to reject it. You are far beyond that deadline,... View More
I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
answered on Oct 22, 2023
In California, if you choose a voluntary repossession, the lender can sell the car, often at an auction. If the sale price doesn't cover the amount you owe, you'll still be responsible for the deficiency, which in your case might increase given the $15,000 negative equity. Lenders can... View More
She said his actual residence address was listed in her authorization user process and not at my condo. I'm worried this will be a wrench in process that's waiting for a ruling. I'm in California by the way
answered on Oct 20, 2023
Under California law, adding an authorized user to a credit card does not automatically link the primary account holder's address to the authorized user's credit history or vice versa. The credit card issuer generally asks for the authorized user's address for mailing purposes, but... View More
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More
answered on Oct 4, 2023
Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More
answered on Oct 10, 2023
In California, if you default on your credit card debt, there are several potential consequences. Firstly, the credit card company may initiate collections actions against you, which could include incessant calls and letters. If the debt remains unpaid, the creditor might decide to file a lawsuit... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
answered on Sep 20, 2023
There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More
My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More
answered on Sep 14, 2023
Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More
I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).
I'm disabled and reley on my car for everything! Every/many reasons!
answered on Aug 14, 2023
You can file bankruptcy and possibley keep the car, but you'll still have to pay for it. If you have other debts, filing a Chapter 7 bankruptcy may allow you to wipe them out, freeing more resources to make your car payment. Also, in a Chapter 7, you may be able to "redeem" your... View More
My income is only SSDI, with critical pay is about $1,238.
My current rent is $775,plus about $300 back rent.
I have car payments of about 335, and about $400 storage back rent. Storage is normally $165.
I'm located in South Gate, CA.
answered on Aug 13, 2023
Based on the information provided, it appears that Chapter 7 bankruptcy may be an option to consider given your financial situation. SSDI income is typically exempt from the bankruptcy means test in California, so that shouldn't be an obstacle. Consultation with an experienced bankruptcy... View More
I filed for bankruptcy and it got dismissed but it’s still open since then I sent a letter to the judge asking to reopen it and I woke up and seen that my car loan people have since added the bankruptcy to my credit with 0 balance.Does that mean my bankruptcy is back in affect
answered on Aug 5, 2023
I see how this situation can be confusing and distressing. The fact that your car loan shows a zero balance and reflects the bankruptcy filing on your credit report doesn't necessarily mean that your bankruptcy is back in effect. It's more likely a reporting reflection of the original... View More
I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More
answered on Aug 3, 2023
The amount at issue is not large enough to warrant filing bankruptcy. And it is probably not large enough for the creditor to bother suing you. If you are unable to reach a settlement, then it will likely be turned over to a collection agency. It will be a negative on your credit report so if that... View More
I don't drive so driving to Fresno is not good. What documents do you need? And how long will this take? Can a person drive to my area?
answered on Jul 25, 2023
Start with your local Bankruptcy Court website. Most courts have free bankruptcy court clinics and you can call them for help. The website is uscourts.gov. Key in your zip code so you'll get info from the nearest court (Eastern District of California). There is a lot of info on the website... View More
In 3 June I booked a flight ticket for 2 of my friends later we decided to change flights departing time and trip.com accepted our request after we pay 582$ for changing. But they wasn’t successful to confirm my change and I lost both flights. Later they said buy another ticket from another... View More
answered on Jul 24, 2023
There doesn’t appear to be a legal question so attorneys don’t know what you’re asking or how to advise you. I recommend you gather all your documents and consult with a litigation attorney that handles breach of contract cases.
I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."
To provide context, I subscribed to their service... View More
answered on Jul 20, 2023
A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More
I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.
answered on Jul 13, 2023
When you file a chapter 7 bankruptcy, you are required to list all of your assets (including the screenplays that probably have no value) and list a market value, as well as all creditor claims (including pending litigation). Once you file, the litigation will be stayed and a chapter 7 trustee will... View 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.