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3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

Pavel Kolmogorov
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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Is it civil or criminal law when a landscape company adds charges such as equipment not used to my invoice.
Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2025

It's at least civil, and usually this kind of issue is civil only, including potential issues of breach of contract and/or unfair and deceptive trade practices. However, in some cases, a fraudulent act could be a criminal act, and that would be an issue for a law enforcement agency.

1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 23, 2025

Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: How to recoup money that i gave a lawyer for a case that was never filed? I was only refunded $1,400 out of $3,500.

The itemized bill i asked for I was charged outrageous fees for a case that never was filed I couldn't get any refund at all until I went through the Caap program to help locate and communicate with the law firm.

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

The fact that a lawsuit was not filed in and of itself is meaningless. Normally, it would cost more than $2,100 for a lawyer to consult with a client, review relevant documents, perform preliminary research concerning the applicable law, and evaluate a potential claim.

Review the time...
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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Sending a request for production of documents. Does the certificate of service need to be sent to attorneys receiving?

I understand the court needs it but unsure if receiving attorneys do

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2025

As Mr. Kaufman alluded to, the fact that you have asked this question means you have not read the applicable Rules of Court, much of which a layperson can understand, and the rules regarding documents that must be served and method of service are definitely understandable. Your inquiry category is... View More

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1 Answer | Asked in Civil Litigation, Land Use & Zoning, Public Benefits and Real Estate Law for Nebraska on
Q: Nebraska cattle trail, easement how to document and liability of damages

Use over 50 years, no access and consent withdrawn.

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: How to get dog back on protection order even know the pet did not resign on the property of the petitioner

What form(s) to file

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

In Nebraska, the protection order can include a pet. Once you are served with the protection order, you need to promptly file a request for hearing. At the hearing, you can present your evidence regarding your ownership of the pet and ask for the pet to be returned, along with otherwise refuting... View More

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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2 Answers | Asked in Tax Law, Civil Litigation, Civil Rights and Federal Crimes for California on
Q: What area of practice should i search for a lawyer to help recover $25,000+ in over garnished funds?

In 2013 the tax authority began garnishing my paycheck for ‘unpaid income taxes’ that were paid by check TWICE. They continued through 2015, stopping at just over $25,000.

I called them and they stated that they have no record that i even filed for those years. They said dont worry... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

Look for a tax lawyer who is also a CPA. You may also need to work with a good civil rights lawyer, if you can't find a law firm which has both.

However, I should warn you that the statute of limitations has probably already expired, because you say that the garnishments ended in...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: I don't know what kind of lawyer I need to get a suicide note unsealed in Mt. Airy Maryland? Please help

Person hanged himself on January 6th and it was determined be a suicide by the coroner. Law enforcement said they seal suicide notes after investigation and that I would need a lawyer to get it unsealed?!

Mark Oakley
Mark Oakley
answered on Jan 16, 2025

Suicide is deemed a criminal offense; therefore, the suicide note is direct evidence in a criminal investgation. Items of evidence in police criminal files are not public records and cannot ordinarily be released, but when they can be released following the closure of the criminal proceedings or... View More

2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

Pavel Kolmogorov
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answered on Jan 15, 2025

You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: Non-judgement bankruptcy question.

I have a judge’s order from an administrative law judge for attorney fees in a civil rights case. I found out this administrative judge does not have the power to award, but I filed a Chapter 7 bankruptcy. Now the attorney is stating the fees are being challenged to avoid the bankruptcy. My... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 14, 2025

We cannot answer this question without more information. I assume the attorneys fees were awarded against you. You did not give us any description of what specific civil rights violation you were found liable for (what the ALJ found that you did). Certain debts are not dischargeable in bankruptcy,... View More

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the

Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More

Erik A. Perez
Erik A. Perez
answered on Jan 14, 2025

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Pennsylvania on
Q: Can a custody judge refuse a modification if it was agreed a civil law suit settlement?

Ex husband and my dad involved in altercation. Judge ordered my dad’s visitation from granddaughter be eliminated. Two years later, ex sued dad for pain and anxiety. His lawyer said if go to mediation, pay 6 figure amount and agree to counseling, he will restore dad’s visitation rights. Dad... View More

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Jan 13, 2025

The judge is under no obligation to sign. Custody and visitation was not an issue that could have possibly been resolved in the civil lawsuit between your ex and your dad, as that suit did not have the child at issue in any legal way. The best that they could agree to was to go with a united front... View More

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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More

2 Answers | Asked in Civil Litigation for California on
Q: If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

Pavel Kolmogorov
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answered on Jan 15, 2025

The party to whom the CCP § 2031.010 demand is directed must respond separately to each item in the demand by one of the following: (1) Agreement to Comply: State that you will comply with the demand by the date specified for inspection (2) Objections: You can object to all or part of the demand.... View More

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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: Can reasons why further responses to discovery have to be provided be supported by facts obtained since propounding?

Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 10, 2025

This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is... View More

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

Pavel Kolmogorov
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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I filed chapter 13 bankruptcy to stop foreclose on my home, my ex filed to have the automatic stay lifted as a creditor?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 9, 2025

Orders of a domestic relations (non-bankruptcy) court, and support and property division items therein, are often entitled to great weight by bankruptcy courts. The seeming key about divorce-court-created debt obligations seems to be whether any such payment is "support" or... View More

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