This is a small claim court case related to a training we provided to an entity's personnel. They agreed via email to the terms and conditions. We provided the training and have proof of the service being provided. The other party never paid and never disputed. They just didn't pay even... Read more »
Short Answer, NO. Small claims is meant to be an expedited trial situation for cases of a smaller value (used to be $2500, now up to $10,000). There is no "discovery" in Small claims, but other forms of compelling the production of witnesses and evidence, such as the subpoena power of...Read more »
The spa owner said she would pay what is owing when her divorce settles, and money is released from an escrow account. I've been waiting for about 2 years. The spa owner claims not to have the money when I've asked repeatedly to be paid. I need options to compel the owner to pay what is owed.
If you are truly an independent contractor, then the only way to force payment is to file a lawsuit, get a judgment, and collect that judgment. That will not be quick, easy or cheap. Short of that, negotiation is your only other option.
If you have been misclassified as an independent...Read more »
The company did not return calls for me to try to dispute this debt. I have email correspondence from the company saying the debt was in error and that it would be removed from my account. When I reach out to the collection agency, they tell me they have not received a response from the company... Read more »
Wait until the collection agency HAS received the response from the company. If the collection agency has not received that response in a reasonable time, WRITE to the company with a certified letter stating the problem.
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets...Read more »
I worked for a company doing landscaping and now my ex employer is threatening me with filing a claim he led me on believing I was going to be paid and ended up telling me he’s not going to what can I do in this situation? Should I be worried? Thanks in advance
It is a common tactic for an employer to attempt to scare the employee from making a legitimate claim for wages owed or other money by threatening to sue the employee. Now if you borrowed money from the employer, or maliciously caused damages to employer property, there might be a legitimate...Read more »
Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt...Read more »
If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!
LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »
Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?...Read more »
The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I... Read more »
On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I...Read more »
We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... Read more »
I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.
Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.
A collection agency can essentially ask you nicely for the money at any time. However, if the debt is past the statute of limitations (i.e. you haven't made payments for over four years), then they cannot make any misleading statements. This would include threats to sue you for the past due...Read more »
I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »
It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities...Read more »
Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding...Read more »
In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.
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