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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... View 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,... View 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... View 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... View 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... View More
I am being sued by an original creditor in California. The cause of action is both "account stated" and "open book".
1.) Do these two causes contradict one another?
2.) Why would the creditor select both?
3.) If I ask for a Bill of Particulars for the... View More
answered on Mar 20, 2022
Multiple causes of action is routine and are generally plead in the alternative. They can also prevail on all causes of action. They may also prevail on one cause of action and lose on the other. That is why they do that. Nor does the BOP have any impact on the alternative causes of action. The BOP... View More
answered on Mar 18, 2022
That is entirely possible. Assuming your case is in CA, you can be served the summons & complaint by what is called "substitute service" or even publication. Both of these mean you would not be personally served. They do have to attempt personal service however. If you are talking... View More
I submitted an answer last month, but have not heard back at all from the plaintiff. Its been more than 30days, and I would like to see if I can request for an entry of dismissal.
answered on Mar 16, 2022
By submitting an answer, it does not merit a request for a dismissal, unless the debt was resolved. If the debt was satisfied in full, you may request a dismissal. In most cases, its after 15 days of completing the payment in full.
Judgment was paid through Levy office via wage garnishment and i talked to Levy office and seems like is a balance of 731 on the account. The law firm who filed the court case is unresponsive and I'm unable to get the satisfaction letter from them. Working on trying to re-finance the house but... View More
answered on Mar 9, 2022
Follow the instructions in California Code, Code of Civil Procedure - CCP § 697.410.
We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation... View More
answered on Feb 25, 2022
They are not entitled to keep the overpayment. I suggest you sue them immediately in small claims court. Don't delay. Your local court will even help you fill things out and explain what you must do.
This is my first time having to deal with something like this and I didn’t know that I had to respond to the summons. I thought I just had to show up for the trial date stated on the summons. Looking up my case number in preparation for the court date I just found out that a default judgment has... View More
answered on Feb 19, 2022
You need to, immediately, file a motion to set aside the judgment.
I received an email from a debt collection agency. I requested a debt verification from them, and they say that they are a commercial collection agency and the debt is not subject to FDCPA. Also, they sent me a document that does not show me the debt belongs to me. Is it legal to they keep... View More
answered on Feb 18, 2022
They are correct that the FDCPA does not apply to commercial debt. Whether or not the alleged debt is commercial or consumer debt can be a complicated analysis. You can ignore them and they will eventually sued on the claim or not. If you want to be more proactive and determine if this is a valid... View More
answered on Feb 12, 2022
It may seem obvious, but search for assets. There are many tools and techniques.
An auto mechanic was holding my vehicle for free until I was able to come up with 50% of the estimated cost to repair which was required before they would start the repairs. I offered several times to have the vehicle towed to my home until I had the money required but they assured me it was fine.... View More
answered on Feb 9, 2022
Sorry for your issues. Your fact pattern is not clear. You seem to be mixing up "lien" and "sale."
Starting a lien is one thing. Executing on it, or SELLING the vehicle is something else. Either way
notice is certainly required on each and if it is farily recent,... View More
I am the cross-plaintiff in the case, and I have a cross-complaint against cross-defendant.
I will file the opposition to cross-defendant's demurrer soon, once the demurrer is overruled, what procedure should I do to request court make the judgment before trial, so I can shorten the... View More
Alright, we are going to download the case against your name and social, thereafter you will be receiving the court summons at your doorstep and thereafter we will not be able to help you out. We did not received any response from your side. We will consider that you are ignoring this matter and... View More
answered on Feb 8, 2022
this sounds like a scam. but without you sitting down or sending the document to an attorney, no one can answer your question. there are many chapters and rules and you would need to specify which set of rules this is referring to, i.e. civil procedure, rules of court, etc.
A loan was made for 80k payable for one year at a 1k per month with an interest rate of 8%. At the end of the year the note would become due in full. Payments were made until the year was up and Covid hit. Since then no money has been paid.
answered on Feb 6, 2022
The first step, if they refuse to pay is either an attorney demand letter, or, if they continue to refuse to pay, a lawsuit.
Note, there are strict deadlines to file lawsuits.
This answer does not constitute legal advice and does not establish an attorney-client relationship.
Incident happened while using the driver at a tee box that was very close to a townhouse on the course.
answered on Jan 18, 2022
Yes, you are responsible. The window was not broken until you hit a ball and it struck the window, breaking it. Why would you think that you don't need to pay for it?
It reappeared on my credit report months later. Do I have to keep disputing every time?
answered on Jan 12, 2022
Yes, you need to dispute it again. You also may want to contact a consumer protection attorney and have a more in depth consultation regarding your situation.
I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?
answered on Jan 11, 2022
Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.
My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... View More
answered on Dec 30, 2021
If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck,... View More
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