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answered on Mar 18, 2022
That is entirely possible. Assuming your case is in CA, you can be served the summons & complaint by what is called "substitute service" or even publication. Both of these mean you would not be personally served. They do have to attempt personal service however. If you are talking... View More 
I submitted an answer last month, but have not heard back at all from the plaintiff. Its been more than 30days, and I would like to see if I can request for an entry of dismissal.
answered on Mar 16, 2022
By submitting an answer, it does not merit a request for a dismissal, unless the debt was resolved. If the debt was satisfied in full, you may request a dismissal. In most cases, its after 15 days of completing the payment in full.
Judgment was paid through Levy office via wage garnishment and i talked to Levy office and seems like is a balance of 731 on the account. The law firm who filed the court case is unresponsive and I'm unable to get the satisfaction letter from them. Working on trying to re-finance the house but... View More
answered on Mar 9, 2022
Follow the instructions in California Code, Code of Civil Procedure - CCP § 697.410.
We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation... View More
answered on Feb 25, 2022
They are not entitled to keep the overpayment. I suggest you sue them immediately in small claims court. Don't delay. Your local court will even help you fill things out and explain what you must do.
This is my first time having to deal with something like this and I didn’t know that I had to respond to the summons. I thought I just had to show up for the trial date stated on the summons. Looking up my case number in preparation for the court date I just found out that a default judgment has... View More
answered on Feb 19, 2022
You need to, immediately, file a motion to set aside the judgment.
I received an email from a debt collection agency. I requested a debt verification from them, and they say that they are a commercial collection agency and the debt is not subject to FDCPA. Also, they sent me a document that does not show me the debt belongs to me. Is it legal to they keep... View More
answered on Feb 18, 2022
They are correct that the FDCPA does not apply to commercial debt. Whether or not the alleged debt is commercial or consumer debt can be a complicated analysis. You can ignore them and they will eventually sued on the claim or not. If you want to be more proactive and determine if this is a valid... View More
answered on Feb 12, 2022
It may seem obvious, but search for assets. There are many tools and techniques.
I am the cross-plaintiff in the case, and I have a cross-complaint against cross-defendant.
I will file the opposition to cross-defendant's demurrer soon, once the demurrer is overruled, what procedure should I do to request court make the judgment before trial, so I can shorten the... View More
An auto mechanic was holding my vehicle for free until I was able to come up with 50% of the estimated cost to repair which was required before they would start the repairs. I offered several times to have the vehicle towed to my home until I had the money required but they assured me it was fine.... View More
answered on Feb 9, 2022
Sorry for your issues. Your fact pattern is not clear. You seem to be mixing up "lien" and "sale."
Starting a lien is one thing. Executing on it, or SELLING the vehicle is something else. Either way
notice is certainly required on each and if it is farily recent,... View More
A loan was made for 80k payable for one year at a 1k per month with an interest rate of 8%. At the end of the year the note would become due in full. Payments were made until the year was up and Covid hit. Since then no money has been paid.
answered on Feb 6, 2022
The first step, if they refuse to pay is either an attorney demand letter, or, if they continue to refuse to pay, a lawsuit.
Note, there are strict deadlines to file lawsuits.
This answer does not constitute legal advice and does not establish an attorney-client relationship.
Alright, we are going to download the case against your name and social, thereafter you will be receiving the court summons at your doorstep and thereafter we will not be able to help you out. We did not received any response from your side. We will consider that you are ignoring this matter and... View More
answered on Feb 8, 2022
this sounds like a scam. but without you sitting down or sending the document to an attorney, no one can answer your question. there are many chapters and rules and you would need to specify which set of rules this is referring to, i.e. civil procedure, rules of court, etc.
Incident happened while using the driver at a tee box that was very close to a townhouse on the course.
answered on Jan 18, 2022
Yes, you are responsible. The window was not broken until you hit a ball and it struck the window, breaking it. Why would you think that you don't need to pay for it?
It reappeared on my credit report months later. Do I have to keep disputing every time?
answered on Jan 12, 2022
Yes, you need to dispute it again. You also may want to contact a consumer protection attorney and have a more in depth consultation regarding your situation.
I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?
answered on Jan 11, 2022
Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.
My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... View More
answered on Dec 30, 2021
If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck,... View More
I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... View More
My mother was sued by a debt collector in California and had a lien placed on her home. There was no notification and was never served to appear in court. Apparently, the court sent my mother a notification after the fact that she had a judgment filed against her and now has a lien against her... View More
answered on Dec 27, 2021
Review the court file and do a motion to set aside judgment.
There are strict time deadlines so that you must file your take action or be forever barred from relief.
I was awarded $13,000 for non disclosure of assets from my ex. He sent a $100 check. The judge did not mention how he was to pay. He has several successful companies and can afford the lump some.
answered on Dec 24, 2021
Unless a judge orders otherwise, you do not have accept a payment plan.
answered on Dec 23, 2021
Use a find a lawyer feature and look for cole room attorneys.
My employer just emailed me today notifying me about wage garnishment. First off, the debt is mine no objection to that . But To my knowledge I was never served or had any recollection that they were pursuing me this hard. What should I do ?
answered on Dec 22, 2021
your options are 1) pay the debt, either work out a direct payment or let them garnish you, or 2) file bankruptcy and eliminate the debt if you qualify.
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