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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 23, 2024

An "installment agreement" for what? Youe house, a car, a debt consolidation program?

There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.

Confer with an experienced...
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0 Answers | Asked in Uncategorized for Missouri on
Q: My girlfriend got kicked out of her house and is currently living with her aunt can she legal move in with her boyfriend

My girlfriend got kicked out and is living with her aunt and I’m trying to get it where she can live with me at my house with my parents and grandparents can she move in with me

1 Answer | Asked in Appeals / Appellate Law for California on
Q: When dismissal of legal action against this defendant becomes appealable?

Final judgement was not entered in the case.

Dismissal was entered against one of defendants, and plaintiff filed motion to set aside - that was denied by court.

When dismissal of legal action against this defendant becomes appealable?

James L. Arrasmith
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answered on Nov 24, 2024

In California civil cases, the timing of when you can appeal a dismissal depends on several key factors related to your specific situation.

Generally, if the dismissal effectively terminates the action against the particular defendant, you can appeal it even without a final judgment in the...
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0 Answers | Asked in Employment Law for Ohio on
Q: What do I do if my employer won’t submit my W-2 paperwork, has never provided a pay stub.

This place has never provided a pay stub. They are shorting me on money for hours worked. They will not submit my W2s so the irs doesn’t technically know I work here. Plus they reduce your previously worked hours down to minimum wage if you quit or get fired, IF they give you your last check.... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What statute defines appealability - if applicable?

Legal action was dismissed according to plaintiff's request, without prejudice.

Judge signed order for dismissal.

Formal entry of dismissal was not served.

Plaintiff's motion to set vacate/set aside dismissal was denied.

Time to for protective order in... View More

James L. Arrasmith
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answered on Nov 23, 2024

In California, appealability of orders is primarily governed by Code of Civil Procedure (CCP) § 904.1, which lists the types of judgments and orders that can be appealed.

For your situation, an order denying a motion to vacate or set aside a dismissal is generally appealable under CCP §...
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0 Answers | Asked in Sexual Harassment for Oregon on
Q: my lawyer tryed to tell me with a sexual inuindo that he could be a good lawyer or a lazy lawyer

And then I said stop staring at me like that give me the creeps and he said you’re being a real word that rhymes with which and I said are you calling me a b**** and he said no I’ll never say that

1 Answer | Asked in Appeals / Appellate Law for California on
Q: If order denying motion to set aside was NOT appealable order - what actions would be?

Court's order to dismiss was entered regarding all causes of action against one of defendants (without prejudice). Time to refile expired. Judgement was not formally entered. Motion to set aside dismissal was denied. Time for protective order for appeal expired.

If order denying motion... View More

James L. Arrasmith
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answered on Nov 23, 2024

In California appellate law, your best course of action would be to first obtain a formal entry of judgment from the trial court, as this creates an appealable final judgment. Even though the dismissal order effectively ended your case when the refiling period expired, courts generally prefer... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is order denying motion to set aside/vacate dismissal of legal action is appealable in this situation?

Court's order to dismiss was entered regarding all causes of action against one of defendants (without prejudice).

There was no formal entry of judgement.

Is order denying motion to set aside/vacate dismissal of legal action is appealable in this situation?

If this was... View More

James L. Arrasmith
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answered on Nov 23, 2024

In California courts, an order denying a motion to set aside or vacate a dismissal is typically not appealable when there has been no formal entry of judgment, even if the dismissal affects all causes of action against one defendant.

To pursue your appeal rights effectively, you should...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord kick u out because of back rent for a whole due to there wasn't anyone in the office I called no respons

Wrote letter no response. Then every month my rent changes every month

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2024

In California, your landlord cannot simply "kick you out" without following proper legal eviction procedures, even if you owe back rent. They must first serve you with written notice (usually 3-day pay or quit) and then file an unlawful detainer lawsuit if you don't pay within that... View More

1 Answer | Asked in Appeals / Appellate Law and Personal Injury for California on
Q: Is order appealable in this situation?

Court's order was entered in regard to dismissal of case against one of defendants.

There was no entry of judgement.

Is order denting motion to set aside/vacate dismissal of legal action is appealable in this situation?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2024

In California, appealability of orders can be complex, and in your specific situation, the details matter significantly.

Generally, an order denying a motion to set aside or vacate a dismissal is appealable if it meets certain criteria under California Code of Civil Procedure Section 904.1....
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for California on
Q: what would I file to the superior court in a complex civil case (during covid) to challenge or ask for review?

This is after the time limit of being issued judgement. It was during COVID and I was denied access of the law library and to see the clerk at my local courthouse. there are emergency extensions due to covid in the rules of court in California, but I'm unsure what to filing is all done online... View More

James L. Arrasmith
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answered on Nov 23, 2024

Given the complexity of your situation and the COVID-related circumstances, you might consider filing an "Extraordinary Writ" or "Writ of Mandate" with the Superior Court to challenge the judgment, especially if regular appeal deadlines have passed.

The California...
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0 Answers | Asked in Elder Law for New Jersey on
Q: can a pro bono lawyer contact a rehab center who lost loved ones glasses & dentures but will not replace them.

The rehab center says they were not on the list when the loved one entered the facility from the hospital. It is not the family's fault that the staff did not add it to the list.

0 Answers | Asked in Health Care Law and Libel & Slander for Ohio on
Q: Would a lawyer an judge be violating HIPPA?

If a judge an attorney talked about a patient private medical issues including surgery an appointments an medical conditions in the court room in front of everyone an also a live stream for the world to see would that be a HIPPA violation?

0 Answers | Asked in Land Use & Zoning for Missouri on
Q: Can I shoot targets on my property?

10.69 acres

1 Answer | Asked in Real Estate Law for Texas on
Q: Seller left shed; now it's being repossessed. What can buyer do?

We closed on a home in Texas about 3 weeks ago. A shop building (on a crushed gravel slab but not anchored) was negotiated in the sale, but was not mentioned in the purchase agreement. Two days ago, a repo agent called us saying the shed was rent-to-own and it's being repossessed. Our real... View More

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

The first thing you need to do is to check to see if the company for which the repo agent is repossessing the shop building filed a UCC-1 perfecting a security interest in the shop building.

The second thing you need to do is to contact the title insurance company for your buyer's...
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0 Answers | Asked in Child Support for Virginia on
Q: This is a question about child support can a city which I don't live in try my child support case nor the mother.

I have a child support order the mother stays in Georgia and I've lived in Suffolk Virginia over 2 years Suffolk Virginia sent me a support order they had my case. I had to go to Portsmouth to have a transfer with my case shouldn't have been in Portsmouth when I went to Portsmouth case to... View More

0 Answers | Asked in Agricultural Law and Animal / Dog Law for Missouri on
Q: Springfield, MO. I know we have pet limits but I've heard there are different rules for fosters through shelters? What

is the limit for fosters? Based on what I can tell, fosters fall under the same laws as animal shelters which I found in the Animal Care Facilities Act. My question is, am I correct that fosters for cats are not bound by the 3 pet limit but rather fall under animal shelter laws? My apt manager says... View More

0 Answers | Asked in Tax Law for Virginia on
Q: I want to determine the tax liabilities on the sale of a second home.

The home was originally purchased 19 years ago with my father. Six years ago the ownership was transferred from my father and myself to my wife and myself as a deed of gift. I remained the common owner in both parties. The home was/is not my primary residence in both ownership scenarios. My... View More

0 Answers | Asked in Employment Law for New York on
Q: Can I sue my employer for having private hidden cameras in my bedroom and bathroom where i have to stay when working?

Employer hires private care to come into the home, to care for her husband and I believe she is watching me when I am in the bedroom and bathroom, brother came over and was not only very nasty and sexual he was racially disrespectful saying things "like she is going to fire you because you say... View More

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