My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »
answered on Oct 1, 2022
Yes they can. And while you might be able to get it back, it’s not worth it.
Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.
As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother
answered on Sep 29, 2022
I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.
2) supposed to be an election to vote for a member by the residents?
answered on Sep 23, 2022
Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I was up to date with payments with them until I just couldn't even afford the minimum payment. I was barely able to pay my rent. I work in the restaurant industry, and it was hit hard. I did try to work out something with them but what they wanted I still couldn't afford. I stopped... Read more »
answered on Sep 1, 2022
The restaurant industry was hurt terribly, (and unnecessarily in my opinion), by government regulations and forced closures.
I suggest you visit a bankruptcy lawyer immediately, for a consultation. Most of us BK lawyers do not charge you for a consultation. I can't say at this point... Read more »
Since there was no case I won attorney fees and was still a John Doe. The Judgement debtor refuses to pay so I need to domesticate in a different state, but that seems difficult to do as a John Doe.
Edit- Update : 8-23-22
I received information from an attorney in Wisconsin that I... Read more »
answered on Aug 19, 2022
There is no reason that it would be any different as a Doe; simply go forward with domestication and collection.
I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... Read more »
answered on Aug 18, 2022
Yes he can do this.
If he files bankruptcy you might lose all the money.
But, people often claim they will file bankruptcy to negotiate a debt, but actually will not file bankruptcy or do not even qualify for bankruptcy.
Contact an experienced debt collection attorney who... Read more »
On a fraudulent transfer case
1. Defendant first filed demurrer, the demurrer is completely overruled by Judge, the overruling affirms all claims against the defendant.
2. Defendant then filed answer.
The answer consists either what she stated in demurrer or what are known... Read more »
answered on Jul 15, 2022
The standards for a demurrer are not the same for MSJ or MJOP.
I performed hourly consulting for a small company. They were developing a drone and paying weekly through upwork. The scope of the project exploded from something simple to developing the whole drone. The initial timeline was three weeks start to finish. Initially my role was limited and clear. The... Read more »
answered on Jun 24, 2022
You cannot keep property that belongs to them that they provided to you and which is not your work. If they own the drone, you must return it.
I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »
answered on Jun 22, 2022
The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »
a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »
answered on Jun 7, 2022
It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »
answered on May 24, 2022
If in California or Nevada, then no, an abstract is not required to renew.
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answered on Apr 26, 2022
What happens when they file another proof of service (whether or not you actually received proper service) and the court accepts it as valid service, and they obtain a default judgment against you, and start garnishing your bank accounts or pay checks?
Ignoring a lawsuit against you is... Read more »
So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »
answered on Apr 26, 2022
Consider small claims court where you may represent yourself.
Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?
answered on Apr 25, 2022
If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »
I sued a couple of persons, only one responded to the complaint.
In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »
answered on Apr 5, 2022
There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »
Also, if I ask for a Bill of Particulars for the open book, then what happens to the "account stated" action? Does the Bill of Particulars need to be filed with the courts or just sent directly to the plaintiff?
answered on Apr 5, 2022
Plaintiffs are entitled to plead alternative and even conflicting causes of action, so it wouldn't matter legally if "account stated" and "open book account" contradict one another. A demand for bill of particulars is not permitted on an account stated cause of action (but... Read more »
(I have a debt in collections, however my apartment complex is getting paid through the state to take care of the debt so I am not sure how that works). The apartment complex already filled out the information to receive the money.
answered on Apr 4, 2022
If they know longer on the debt, they cannot collect money on the debt.
Mess with hiring ATT.in Feb did not show for DJ. Plaintiff new i hired atty they t hearing July 2021 I did ca. I did not hear 1day ojust meet confir 90 days. I am disabled live bed can’t sit. Everyday same. I sent email, on 7/2 said any day 1 to 5. No response . 7/6 at 1 sent email from vet,... Read more »
answered on Mar 28, 2022
to appeal is 60 days.
to file motion to vacate: California Code, Code of Civil Procedure - CCP § 663a- "Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 , or service upon him or her by any party of written notice... Read more »
I just recently picked up mail from my boyfriends grandma from time to time I still get mail there since I used to live there. I honestly don’t go there after usually just Christmas and thanksgiving and a random couple times a year. Well I haven’t been there since Christmas 2021. Apparently... Read more »
answered on Mar 24, 2022
What is called "Substitute Service" in CA is legal. Basically it says that if a process server goes to your home or your work in an effort to serve you personally but is not successful, after at least 2 attempts, they can give it to a "substitute" (person must be at least 18... Read more »
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