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answered on Aug 3, 2016
Meet with the attorney.If you can't then there is a fee dispute resolution committee of most bar associations. Contact the County bar association for your county.
We only didn't pay for the last month of rent. I moved out a couple weeks before they did. and moved to another state. They did serve eviction papers, but they did not move out. The other people got served court papers, I did not. I just received a letter from lawyer stating that the court... View More
answered on Jun 10, 2016
If you vacated the property prior to the eviction and notified the landlord, you should not have been included in the eviction (unlawful detainer) judgement. However, as a co-lessee you are severally and jointly liable for any money judgement for unpaid rent. However, you do have a right to recover... View More
answered on Apr 23, 2016
I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
answered on Apr 6, 2016
It depends on a number of factors as to whether you can get your money back. As an attorney the first thing I would want to know is whether this person is filing a Chapter 7 or a Chapter 13 bankruptcy.
If filing a Chapter 7 Bankruptcy, and the Debtor has assets or makes to much money to... View More
The Respondent receives SS disability. Please explain. If Respondent dies, his new wife and new children will have to pay what he owed? Is there any law, that allows Court to sanction, condition of future income?
answered on Mar 6, 2016
Yes, the court can sanction you conditioned on your future income. It is inherent in the court's power to sanction parties.
If you die, your wife and children are not responsible for your debts, your estate is responsible for those debts. In a probate of your estate, the creditors of... View More
They repossessed it and in order for me to get it back I must show I have legal right to handle her estate. How do I get that? Time is of the essence here.
answered on Feb 8, 2016
If she had property valued at more than $150,000, then a probate action would be required. If her estate was less than $150,000 and she passed away more than 40 days ago, then you may be able to use the small estate affidavit procedure.
I was recently contacted by a debt collector for first national bank about an account that was open from the year 2005 to 2008. They claimed i needed to pay $1,800 or they will take me tl court. I was wondering if they cans till sue me and do i have to pay them.
answered on Feb 3, 2016
The SOL for debts is generally 4 years since the agreement (e.g. credit card) was written. If it was just oral, then the SOL is 2 years. The specific SOL that applies is measured from the date of last payment on the debt to the date the suit is filed. In your case, was your last payment on this... View More
My semester pay plan was split into four. I made the first payment, studied for a month and then dropped the classes and went back to my home country. Since I didn't complete the whole semester and owe some money will that be an obstacle to get the us tourist visa? If it will be a problem... View More
answered on Jan 5, 2016
First step would be to talk to an attorney and have the attorney talk to the college you studied to find out if they have any complaints against you and act accordingly. So talk to an attorney soon, All the best.
15 years of successful immigration law experience. The answer above is only... View More
I don't own a house/car nor do I have an income to garnish (and is not alimony or child support). Would I have to file bankruptcy or could I ignore it until whenever I had an income?
answered on Dec 24, 2015
it depends on the amount of the judgment. Most creditors or winning parties in a suit do not collect their judgments since it is so much work. If you don't have significant assets and negligible income, you may have nothing to worry about. You can always file a bankruptcy, but I would research... View More
Out of pocket medical expenses. I saw no bills, will I still be able to use California exemption laws for my car and personal property. Or is that only available for bankruptcy chapter 7 and 13 and not civil harassment lawsuits? I was convicted of violating a mediation agreement this person lied on... View More
answered on Nov 29, 2015
Your question is confusing. Civil harassment as I see it is usually a restraining order case, not one where you get a judgment for money against you. Did you violate a restraining order and get contempt or a fine levied against you?
In general, if you have a money judgment against you, the... View More
If only one person owes
answered on Nov 14, 2015
A join accountant holder (Joint with the right of survivorship) may be construed as owning the account equally or one half of the account, until one owner dies, at which time the survivor joint account holder become s the sole owner of the account. Therefore, as long as the owner is alive, his or... View More
Navient contracted a third party loan servicer to collect on defaulted student debt. This 3rd party servicer commited violations of the FDCPA. Can Navient be held liable for the 3rd party contractors abusive collection practices to collect a debt on their behalf?
answered on Oct 30, 2015
It requires research to answer your question in my opinion. Go see a local attorney who handles these types of cases.
answered on Oct 17, 2015
It depends on who is asking for the support. If she is asking, your child support obligation is limited to the date on which she filed the court papers seeking support. For example, if she waited until the child was 8 before coming after you for support, she can't make you pay support for when... View More
I just found out last week (10/02/15) via "wage garnishment" that I had been sued by my father (who has been and still is in prison since 1999) and he had won due to a default judgement. I have never been notified or served by anyone. I knew nothing of this case. A day after the first... View More
answered on Oct 16, 2015
You need to hire an attorney to file a motion to set aside the judgment based upon your lack of service. You should go to the courthouse and get copies of all of the relevant documents to give to your attorney. Yes, you should be concerned.
someone has said ex part request for stay, and I've heard request for relief due to hardships. I just need to know where to get the exact forms that i need. can i find the EXACT THING that i need online somewhere? i go onto the court forms and there are a million extra forms that i feel like i... View More
answered on Oct 12, 2015
Sorry, but that's exactly what lawyers are for. You will just have to do the best you can.
I run a massage shop and rent the commercial space from the property owner. The lease expired a year ago and I have since been renting the space on a month-to-month basis. I have been unable to pay rent for two months now due to recent health problems. I told the management company they can have... View More
answered on Sep 6, 2015
Probably not. Go get specific advice from a local attorney about this, and for a complete discussion.
and offered them some money to settle the case. He has sent my offer to his client and waiting for reply. In the mean time he has given me 30 days extension to file a response to SUM-100. Two questions: 1) Can he just give me the extension? 2) Does the extension needs to filed with the court?
answered on Aug 25, 2015
I would get something signed and in writing stating that you have an extra 30 days. You can try to file it with the court if you want, but you'll probably have to pay the first filing fee ($435) in order to do so. I assume from you trying to settle the case that you don't want to pay the... View More
If I owe a debt to one creditor and they got judgement on me and a writ of execution was issued but I have had no income. They sold the debt can the new creditor get another writ of execution or is there another process?. I am starting a job soon can I do anything about it before I start
answered on Aug 20, 2015
Consult a Bankruptcy attorney. By filing for Bankruptcy you will eliminate the writ of execution.
An ex of mine was arrested in 2012 and his sister contacted a bail bond.originally I was going to cosign because I was under the impression he had the funds to pay the bond right away. But this was false so I changed my mind and never signed the paper work. I found out later that someone forged my... View More
answered on Aug 3, 2015
If the case has already gone to trial and been decided, then no. You have to appeal. If it hasn't gone to trial and it is just in collections, I'd ask the collection agency for verification under the Fair Debt Collections Practices Act.
It will depend on just what the document in... View More
I found papers saying that Discover Card is suing me for an outstanding debt October 20th of 2014 I just received a request for entry of default the papers came in the mail this time instead of being left on my front door what can I do
answered on May 17, 2015
Defaults have really strict time deadlines so you have to respond to the suit ASAP if you still have time. If you don't, you might be able to move for a motion to set aside, motion to vacate, etc. The important point, though, is that you have to act quickly.
Andy
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