Sergio Cabanas’s Answers

Sergio Cabanas

Hollywood Bankruptcy Attorney.

Contributor Level 12
  1. What does all outstanding. Costs. Have previously. Been reduced to a civil judgment?

    Answered 10 months ago.

    1. Sergio Cabanas
    2. Shaye Larkin
    3. Robert Jason De Groot
    3 lawyer answers

    The judge has already included such costs in the final judgment.

    9 lawyers agreed with this answer

  2. I just got a lis pendens regarding my house...I vacated this home several years ago, and filed for bankruptcy protection...

    Answered almost 2 years ago.

    1. Sergio Cabanas
    2. Robert Edward Tardif Jr.
    3. J. Garry Rooney
    4. Evan A Nielsen
    4 lawyer answers

    It appears that you (and ex-wife) no longer have any interest in the property. Assuming your bankruptcy was properly completed with a discharge, you are not personally liable for the debt. However, the title to the property stays in your name until foreclosure. You could complete a debt-in-lieu, or work out some other arrangement with the lender to turn over the property (but I would suggest you consult an attorney before embarking on any legal manuvers because you will want to make sure your...

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  3. I need help. Writ of Garnishment. What form do I use to eliminate the Writ on my checking account. I live on Social Security

    Answered about 1 year ago.

    1. Sergio Cabanas
    2. Michael Christopher Burr
    3. Amanda Hope Meadows
    3 lawyer answers

    In order to do this correctly, you'll need to file a special motion to dissolve writ. This can be a tricky process that, if not done correctly, would jeopardize your giths. I would strongly suggest you have an attorney help you in this process. If you can't afford an attorney, try to contact your local legal aid office for help.

    8 lawyers agreed with this answer

  4. Can social security and military pension benefits be garnished

    Answered 9 months ago.

    1. Sergio Cabanas
    2. Robert Charles Russell
    3. Robert J Adams Jr.
    4. Robert Jason De Groot
    4 lawyer answers

    You have very strong protections against collections, unless such funds are commingled with funds from other sources. It would be a good idea to review your portfolio with an attorney to ensure you continue to hold assets in a manner that takes advantage of legal protections, especially if you have such a large judgment looming over you.

    7 lawyers agreed with this answer

  5. In an eviciton complaint, after the court awards the landlord a final judgement for possession, are there any other steps?

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Marva Lynn Wiley
    3. Carol Lynne Zimmerly
    3 lawyer answers

    It is my understanding that you had withheld rent, and the LL has proceeded with filing an eviction action for possession only, without any claim for back rent. It also appeaars that the judge had set a hearing and, ultimately, a judgment was entered in favor of LL and a Writ was issued today. If this is correct, then it appears your quesiton relates to the amount of time you have before the writ. Usually the eviction does not happen the same day. Depending on the county and the sheriff's...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How do I collect late fees from tenant

    Answered almost 2 years ago.

    1. Sergio Cabanas
    2. Victoria Lyn Anderson
    3. Michael Avanesian
    3 lawyer answers

    Your lease must provide you with the right to late fees. Even if it does, you may have waived yoru right by continually accepting rent without charging late fees. Otheriwse, it's enforceable with a 7-day notice to tenant.

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  7. Apartment is filthy and covered with fleas, can we break the lease since something else was promised

    Answered over 2 years ago.

    1. Sergio Cabanas
    2. Kristopher Robert Reilly
    2 lawyer answers

    Legally, the statutes do require that the LL perform the extermination when it's a multi-family housing (as opposed to a single-family house), and it looks like your LL is trying to take care of it. For what it's worth, I boarded a cat many years ago when I rented an apt, and it became infested with fleas. I would put my arm on top the carpet, and I would literally see 3 fleas jump to my arm. It was a huge problem, but I didn't think I could hold the LL responsible at that time (I was...

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  8. Estate filing for Ejectment of Domestic Partner and Caregiver

    Answered 9 months ago.

    1. Fred Elliott Glickman
    2. Sergio Cabanas
    3. Carl Gerard Santangelo
    4. Michael Leo Potter
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    This is a common and tough situation for many people. There's some question about the validity of the will. Given the circumstances, and it can be contested. However, unless theres another will that bequeaths or devises you the property, it would pass by intestate succession to relatives designated b law as it appears the property was not previously deeded to you.

    5 lawyers agreed with this answer

  9. If the HOA is suing for foreclosure but the banks forecloses first. Can the HOA come after me personally?

    Answered 9 months ago.

    1. Barbara Billiot Stage
    2. Sergio Cabanas
    3. Richard Paul Zaretsky
    4. Cheryl Rivera Smith
    4 lawyer answers

    If the HOA's documents allows it (usually does) and the complaint was properly filed to allow such a recovery, then yes, it is possible for the HOA to obtain a judgment against you personally, and recover to the extent the foreclosure buyer does not pay.

    5 lawyers agreed with this answer

  10. Received a lawsuit from a collection agency. The dollar figure stated in the lawsuit is for the exact same amount of the last

    Answered almost 2 years ago.

    1. William Jay Rose II
    2. Sergio Cabanas
    3. Kristin Marie Deffler
    4. Jeffrey Scott Hyslip
    5. Seyed Abbas Kazerounian
    6. ···
    6 lawyer answers

    I definately agree with Mr. Rose's eloquent analysis, including the fact that, if the amount of debt justifies at all, you should hire an attorney, at least negotiate on your behalf. The right lawyer can identify important defenses and options, that can give you VALUABLE leverage with settlement discussions -- and you might settle for substantially less than 50%! Good luck to you!

    5 lawyers agreed with this answer

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