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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

James L. Arrasmith
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answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

0 Answers | Asked in Bankruptcy, Small Claims and Stockbroker Fraud for Delaware on
Q: Dear sir/madam can i as a crypto loss investor file form 410 general proof of claim in chapter 11 bankruptcy?

I suffered losses due to fraud/misleading related to Terraform labs (UST terra Stable coin)

In the case action there are 2 forms :

1. General proof of claim

2. crypto loss proof of claim

creditor classes: crypto loss claims (class 5) & general unsecured claims (class4). Thank You

0 Answers | Asked in Bankruptcy, Securities Law and Small Claims on
Q: Dear sir/madam can i as a crypto loss investor file form 410 general proof of claim in chapter 11 bankruptcy?

I suffered losses due to fraud/misleading related to Terraform labs (UST terra Stable coin)

In the case action there are 2 forms :

1. General proof of claim 2. crypto loss proof of claim creditor classes: crypto loss claims (class 5) & general unsecured claims (class4). Thank You

0 Answers | Asked in Landlord - Tenant, Probate and Small Claims on
Q: I live in Fresno CA where there are no pro bono or free/low cost help for people such as myself Where to go for help?

I live in Fresno CA and there are no pro bono lawyers or help in the County of Fresno, CA. You can call the local bar association and in their phone recording they state that all their members do not provide pro bono services. All free agencies such as CRLA, CCLE do not help anyone past the... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice and Small Claims for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Probate and Small Claims for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for California on
Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161

A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More

James L. Arrasmith
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answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

1 Answer | Asked in Traffic Tickets, Domestic Violence, Municipal Law and Small Claims for California on
Q: What is the statute of limitations when car towed before 24hrs when they arrest the owner because they are mean

Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it

James L. Arrasmith
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answered on Jul 25, 2024

Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More

0 Answers | Asked in Consumer Law, Medical Malpractice and Small Claims for Wisconsin on
Q: I had sinus surgery and deviated septum repair surgery in 2016. Told 5 years ago by doctor I did not need sinus surgery

Told 5 years ago by doctor I did not need sinus surgery. Turbinates cauterized 5 years ago helped immensely. Now having issues again many sinus infections. ENT now told my septum was not straightened in 2016 and holes for sinuses placed up to high in 2016. Insurance billed in 2016. SSM health... View More

1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Small Claims for California on
Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More

James L. Arrasmith
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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

0 Answers | Asked in Appeals / Appellate Law, Bankruptcy and Small Claims for Pennsylvania on
Q: How do I get myself out of a civil action due to a large sum debt? I had thought of filing chapter 7.

Multiple debts totaling over $30k and I am slowly paying them all.

0 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: In disagreement can a business owner say If you have done anything to hurt our business it will not be good for you?

Full quote below, I put in a deposit with said business owner, two and a half years have passed and the delivery date of services keeps getting pushed back six months or so every six months. I requested either confirmation that the services would be pushed no further or to send a refund back from... View More

0 Answers | Asked in Contracts and Small Claims for Florida on
Q: when representing oneself in a court of law, how would a defendant increase his chances for having the case dropped?

*during the last day i have to respond the the Plaintiffs motion for a summary judgement**

*there’s also no signed agreement/contract but the defendant did put a 50% deposit down.

1 Answer | Asked in Small Claims for California on
Q: where do i file CIV165?
James L. Arrasmith
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answered on Jul 23, 2024

To file form CIV-165 in California, you'll need to follow a few steps. First, ensure that you have correctly filled out the form with all required information. You can find the form on the California Courts website or at your local courthouse.

Once the form is completed, make several...
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1 Answer | Asked in Contracts, Criminal Law, Immigration Law and Small Claims for California on
Q: Cosigner was removed from Title by Bank. He left the state and won't return the car.

Does someone who used to own a car, still have any rights after a title change?

James L. Arrasmith
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answered on Jul 23, 2024

You can attempt to recover the car by going to Texas, but law enforcement assistance will depend on local laws and their willingness to intervene in a civil matter. Before doing so, ensure you have all necessary documents proving your ownership, such as the title and registration. Contact Texas law... View More

0 Answers | Asked in Civil Rights and Small Claims for Wisconsin on
Q: As I am a minor, can something to taken by my parents that was purchased or gifted to me?

My parents are divorced, and my dad gave my a phone, my mom takes it away from me with random reasons every time I bring it to her house. I'm not looking for some big lawsuit or something, just some equal justice. I feel I should mention that i am a minor, as if I don't mention it, that... View More

0 Answers | Asked in Small Claims for Florida on
Q: Do I need to hire a lawyer to negotiate on a 15+yr old car repossession loan that is trying to garnish wages..

The amount the are try to get is 5x the amount owed from years ago

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Hi I just moved out of an Apartment where I had deposited a security deposit of 1000 dollars

In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More

1 Answer | Asked in Civil Litigation and Small Claims for Michigan on
Q: I am filling out a petition regarding impoundment of a motor vehicle, I am wondering who the respondent should be?

My car was towed when I was on a trip to visit my mom out of state. The parking lot in my apartment complex was getting re-paved so they towed it… without notifying me that the lot was going to be under construction. All the did was put a paper on my car but I was out of state… there was no way... View More

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

You could list all except perhaps the Secretary of State...I'm not sure what liability they have here. Ordinarily, a private property owner contracts with a towing company for any vehicle parked without permission. Property owner calls the towing company, or the towing company otherwise shows... View More

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