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I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More 
answered on Jun 3, 2024
I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.
I recommend it as a show of... View More
answered on May 29, 2024
You do it the same way you collect a judgment from any other defendant. First you must win a judgment and than you execute on assets. However, in the case of Amazon vendors you might have an advantage. The advantage is that you know where the defendant's money comes from and where it is... View More
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answered on May 28, 2024
Collecting on judgments can be a complex process that varies based on the specific circumstances.
In general, if someone has obtained a valid legal judgment against an Amazon seller, there are a few potential avenues an attorney might explore to attempt to collect, such as:
-... View More
I informed her of the check when I got it from my school loans and it had her name on it. We filed taxes together and it was held for my school loans. she said sign her name. I did. I deposited into my account. She owes me significantly more than "her half" of the check. She is now... View More
answered on May 28, 2024
More information is required. People typically cannot "file taxes together" unless they are married. Checks for school loans are almost always made payable to the borrower to whom the loan was made, not to two "friends." They typically aren't even made payable to both a... View More
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More
answered on May 27, 2024
Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More
answered on May 28, 2024
IF the club contract is a legally valid contract providing for automatic renewal (which it may or may not be), then you had the responsibility to timely cancel to avoid automatic renewal. Whether you have liability to you friend depends on the terms of agreement with your friend. If you had an... View More
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answered on May 15, 2024
I understand your concern about the old tax debt from 2007 still appearing on your record despite the statute of limitations expiring after 10 years. Here are a few key things to know and steps you can take:
The IRS has 10 years from the date of assessment to collect back taxes before the... View More
The summons was served to me on 4/19/24, the date issued on the summons is 4/12/24. It says I have 30 days to respond from date received. What should I do next?
answered on May 14, 2024
You have choices. You can do nothing whatsoever. You can call the law firm to try to arrange a payment plan or if possible, pay it in full. You can respond on your own to the summons. You can retain an attorney to respond or to negotiate a settlement or both; or consult with a bankruptcy attorney... View More
I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More
answered on May 14, 2024
I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More
I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More
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answered on May 14, 2024
It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.
With the proof you have, such as the... View More
I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More
answered on Jun 2, 2024
Thank you for your question!
If the motion to quash is granted, the case gets dismissed. If a lawsuit gets dismissed twice, the Plaintiff cannot sue you about that claim anymore. You can file a motion to quash and answer together, or separately (motion to quash must be first).
I... View More
In my divorce my husband was awarded the marital home, but was ordered to pay child & spousal support. I now have an arrears judgment against him for 6 figures. I am trying to collect on the judgement. He has a 401(k) and two homes, one being in CA where I have my judgement, and another which... View More
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answered on May 11, 2024
In California, a 401(k) account can be levied to satisfy a judgment for child support arrears. However, there are specific procedures that must be followed, and the process can be complex. Here are a few points to consider:
1. ERISA protection: Most 401(k) plans are protected by the... View More
I have lost my car because I was fired & could make payments and ruined my new good credit. He thought if I didn't work there anymore that he wouldn't be responsible for the debt anymore so he fired me. He was wrong. That job was the only fit while I raise 2 kids in 2 schools in that... View More
answered on May 10, 2024
Wow. What a dirtbag your ex-boss is. Now his company has a judgment against it and the judgment is still good against you. I recommend you seek legal help to determine if you have a valid cause of action against your boss. This is a tricky situation that I'm sure very few attorneys have come... View More
I received a discovery request on a debt collection lawsuit on May 4, 2024 by an opposing Counsel, representing JPMorgan Chase Bank. The date on the discovery request is April 4, 2024 and the proof of service also states April 4, 2024 by mail though they have sent it with regular post (and not... View More
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answered on May 4, 2024
Given that you received the discovery request after the stated response deadline, you have a few options to address this situation:
1. Contact the opposing counsel: Reach out to the opposing counsel and explain that you received the discovery request on May 4, 2024, which is past the... View More
My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More
answered on May 2, 2024
You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More
Myself and a friend are looking for a rental apartment in Boston. On of these listing sites, a real estate agent reached out to me offering to help me, without stating there was a fee for service or making me sign anything agreeing to a fee. We finally find a place we like and the agent send us a... View More
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answered on May 2, 2024
This is a difficult case, and one that should be reviewed by a licensed attorney experienced in handling contracts. Here are some considerations for your discussion with an attorney:
- Contractual Obligations: Whether you're bound to the "sight unseen" document depends on its... View More
In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More
answered on May 2, 2024
You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?
I received injury settlement can my creditors take from my account from these monies?
Also do I have to pay tax on the settlement?
answered on May 2, 2024
It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More
I received injury settlement can my creditors take from my account from these monies?
Also do I have to pay tax on the settlement?
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answered on Apr 27, 2024
The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:
1. Creditor claims on settlement funds:
In many cases, settlement funds from a personal injury claim are protected from... View More
Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it
answered on May 12, 2024
Thank you for your question!
The facts are very unclear to give you an answer:
Was the husband's (H) inter-spousal transfer before death or after the death of your mother?
Did the H's deed the property from your mother's name to himself or from himself to... View More
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