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1 Answer | Asked in Personal Injury for California on
Q: Deposition by non-party sent by mail.

Audio, video, court stenography are optional.

What specific procedural rules are violated if deposition of non-party, answers to questions are without appearance? This is discovery written deposition, not trilal.

James L. Arrasmith
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answered on Sep 27, 2024

In California, depositions—whether for parties or non-parties—are governed by specific procedural rules. Depositions typically require the deponent’s appearance, either in person or via video, and a court reporter is usually present to record the proceedings. If the deposition is written, the... View More

1 Answer | Asked in Foreclosure for Texas on
Q: How do I know if a foreclosure was resolved.

I have a piece of property that was foreclosed on by a Homeowners Association. I have not received anything in the mail regarding the foreclosure. I learned about this because someone called me offering to purchase the property. I assume any legal notices were sent to the property address... View More

James Clifton
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James Clifton
answered on Sep 28, 2024

Anytime a foreclosure occurs, the HOA must file a trustee's deed showing that the property was foreclosed and transferred to a new purchaser. You can check the real estate records for this deed. If it has not been recorded in the public records, then the foreclosure was stopped.

You...
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1 Answer | Asked in Business Law, Health Care Law, Medical Malpractice and Small Claims for New York on
Q: Hello, I received a request for documents about a machine I sold to a spa owner?

Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2024

It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

0 Answers | Asked in Employment Law for Texas on
Q: Does my employer have to pay for travel to other offices?

I work in the same office/location everyday and at sporadic times, my employer will assign me to work at another office in the city. My employer at one time paid for travel when assigned to work at other locations when needed. We were instructed that travel time. to and from the assigned office,... View More

1 Answer | Asked in Civil Rights for Florida on
Q: My girlfriend is being starved in jail due to her allergies what can be done about this and who can we talk to?

Since she got in, it took her 6 weeks before being able to get an allergy tray but they still feed her food she is allergic to and she already told medical and had it documented too but every time she lets the guards know that she cannot eat it, they would scream at her and tell her to eat it... View More

James L. Arrasmith
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answered on Sep 27, 2024

It sounds like your girlfriend is facing serious neglect in jail, and her health is being put at risk due to these conditions. First, you may want to contact a lawyer who has experience with civil rights or prisoner rights. They can help you take legal action against the jail for not providing... View More

2 Answers | Asked in Consumer Law for California on
Q: I had the roof fixed but the contractor overcharged me!

Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.

I am wishing I... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2024

Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.

Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference....
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1 Answer | Asked in Insurance Defense and Real Estate Law for Florida on
Q: Bank wrongly imposed property insurance
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 27, 2024

This is not a question, its a statement. Please ask a question with facts.

1 Answer | Asked in Personal Injury for California on
Q: If only name and address of person affiliated with non-party is inquired in deposition subpoena, is Subp -025 required?

If only name and address of person affiliated with non-party is inquired in deposition subpoena, is Subp -025 privacy notice to that person is required?

James L. Arrasmith
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answered on Sep 27, 2024

If you're asking for only the name and address of a person affiliated with a non-party in a deposition subpoena, it may still trigger privacy concerns. California law protects personal information, even basic details like names and addresses, so serving the Notice to Consumer or Employee... View More

1 Answer | Asked in Personal Injury for California on
Q: Acceptable options of serving written deposition subp on non-party.

When SUBP-010 is served only for written deposition of answers to question by non-party, can answers be sent by mail?

If SUBP-020 is served only for written deposition of answers to question by non-party, can answers be sent by mail?

Which option is correct - SUBP-010, or SUBP-020.... View More

James L. Arrasmith
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answered on Sep 27, 2024

When serving a deposition subpoena on a non-party in California, it's important to know which form applies. SUBP-010 is used for a deposition subpoena for the production of business records, while SUBP-020 is for a deposition subpoena for personal appearance and testimony. For written... View More

1 Answer | Asked in Divorce for Texas on
Q: How do I get a waver of citation foru devorce
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Form 3-13 from the Texas Family Law Practice Manual (3d ed.)

0 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: I got a ticket for driving under suspension but I never was pulled over

The ticket says I was driving a car that was registered to my father In law. The ticket date is 8-23-24.. but it's impossible for that because that car on that date was registered to my wife still an we paid to switch in into my father in-laws name on 9-5-24 I have the papers

1 Answer | Asked in Education Law for California on
Q: My school cut off my loans by mistake. They admitted the mistake. Now I may owe $11000 or lose my internship. Can I sue

My school, National University, cut off my student loans without telling me. Their policy is that if you take 45 days off in a row without enrolling in classes, they cut you off. However, I never took that long of a break. They twice admitted to the mistake over the phone. However, they're... View More

James L. Arrasmith
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answered on Sep 27, 2024

You may have grounds to pursue legal action, but first, it's important to try resolving the issue directly with the school. Since they admitted to the mistake, ask for documentation of that admission in writing. This can serve as evidence if the problem isn’t resolved.

You can also...
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2 Answers | Asked in Immigration Law for Kansas on
Q: I have an employee who had a pled guilty to a charge of Making false information in 2006 and is married to a US citizen

The charge was filed in the state of Kansas by HUD. I've found that I can petition to have that expunged. If the expungement is granted, will he have an issue applying for citizenship because of that felony? He has been married for 10+ years and has a 16 year old daughter with legal... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Sep 27, 2024

Expungements generally do not impact immigration processes and procedures. While it might be a good idea to go through the expungement process for many reasons, an applicant for immigration benefits is required to disclose all criminal matters to DHS and USCIS. It will take a deep analysis of the... View More

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1 Answer | Asked in Personal Injury for California on
Q: SUBP-02O to non-party

SUBP-02O to non-party. Can no personal appearance of non-party be specified, with answers by non-party sent by mail?

James L. Arrasmith
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answered on Sep 27, 2024

If you're looking to obtain information from a non-party without requiring their personal appearance, you might consider using a different type of subpoena. In California, a Deposition Subpoena for Production of Business Records (form SUBP-010) allows you to request documents or answers from a... View More

1 Answer | Asked in Personal Injury for California on
Q: Privacy notice

Is privacy notice SUBP-025 required when full name and address of person who may be an employee is requested in written deposition?

James L. Arrasmith
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answered on Sep 27, 2024

In California, the Privacy Notice (SUBP-025) is generally required when a subpoena demands personal records or information about an individual. This includes sensitive data such as home addresses, which is considered private. When requesting personal information, like a full name and address,... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Missouri on
Q: Will a check written to me clear if cashed anywhere other than my bank? Lien placed on accounts.

I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?

James L. Arrasmith
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answered on Sep 27, 2024

If you cash a check at a check-cashing company, the funds may not pass through your bank account, which could help keep the money out of reach from a creditor with a lien on your accounts. However, if you deposit the check directly into your bank account, the creditor could potentially seize the... View More

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0 Answers | Asked in Landlord - Tenant for New Jersey on
Q: My landlord gave me a document that states Notice Terminating Lease. It is not a document from the court.

I never signed a lease. And it seems as though she does not want to provide any legal documents for me to vacate. Should I call my town to find out if it's a legal apartment

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