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Frank Wei-Hong Chen

Frank Chen’s Answers

23,195 total


  • How can i save money if i plan to hire a attorney in the future? Can i learn to do some of the legal work like documenting

    things or events? I dont have unlimed amount of money and may need lot of help. Is there anything i can study or read that can help me?

    Frank’s Answer

    What you need to study or read will depend upon the nature of the anticipated lawsuit. There is a plethora of self help available on the Internet. However, regardless of whatever type of dispute this may be, having organized, complete documentation is essential to assisting your attorney in understanding the facts of the case, as well as to prepare for trial.

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  • My inlaws recently bought our house and there is back dues owed & the lawyer keeps tacking on more $ on now up to 18401.

    Am I able to somehow get out of paying this humongous amount of $ . I had a payment plan and did it for a year and the my daughter got in an auto accident and my cobra pay was 2000.00 and I needed to have that for her medical care!

    Frank’s Answer

    You are personally liable for payment of HOA dues. California Civil Code section §1367.1(a) provides: "A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied." A subsequent buyer of a property is not personally liable for the delinquent assessments of prior owners, pursuant to California Civil Code §1466.

    The only way to "get out of" paying altogether would be to file for bankruptcy. Otherwise, it would be a matter of re-negotiating an amount and payment plan.

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  • My partner and I purchase our house 4 years ago and recently split. I'm in the process of buying him out. How do I go about it?

    We both withdrew money from our 401k's for the down payment. I put down $42,000 (borrowed from my 401k) and he put down $12,000. I want to subtract the $30,000 difference from the equity and he doesn't think that's right. He feels that everythi...

    Frank’s Answer

    If you are unable to agree on how the sales proceeds should be distributed (even after trying a mediation), then one of you may have to resort to filing a lawsuit for partition and sale. This is a court procedure by which a judge will order the property sold and the proceeds distributed amongst the co-owners. Upon granting judgment partitioning by sale of the property, the court will order that the proceeds of the sale pay the encumbrances thereon, and the net proceeds thereof then be divided between the parties in an equitable amount to be determined by the court, in addition to allowance, accounting, contribution, or other compensatory adjustment among the parties according to principles of equity, pursuant to California Code of Civil Procedure section 872.140. In such a partition action, you will need to present your evidence of why the court ought to distribute the proceeds differently than the ownership percentages (as you describe in your post). Note that a partition action does not necessarily mean the property needs to be sold to a third party. One of the co-owners could end up buying out the other co-owner and become the sole owner, or alternatively, the court could reallocate the ownership percentages of each co-owner.

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  • Can I. File bankruptcy and include a judgement in it

    I have a homeowners assoc that a judgement was filed on it keeps multiplying and I want to know if I can include that in a bankruptcy? I no longer own the property?

    Frank’s Answer

    Yes, if you file a petition for bankruptcy, you can have the HOA judgment discharged by including that judgment on your schedules.

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  • Statute of limitations for CA once a debt is closed by creditor, being sued

    I am being sued (not served yet, just aware due to letter from legalwing.org offering services with lawsuit) for a cc. Last payment made was 8/2011 but creditor closed account 10/2010. Does SOL still run if account is revoked/closed in CA? If the...

    Frank’s Answer

    The action does not appear to be time barred. The statute of limitations for breach of written contract under California law is 4 years from breach or date of last payment, whichever is later. The date that the creditor closed the account or "charged off" the account is not relevant for statute of limitations purposes.

    You need to be served with the summons and complaint before you are obligated to respond. The plaintiff can obtain a default and a default judgment by claiming you were properly served, so don't assume that the plaintiff won't be able to obtain a default judgment. It is prudent to respond to the complaint in a timely fashion once you have actual notice of a collection lawsuit filed against you.

    Once you file an Answer or General Denial, you will have the opportunity to conduct written discovery to ascertain whether or not the plaintiff has the necessary documentary evidence to prove its case.

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  • What is the statute of limitations for breach of contract?

    I was served a summons for breaching a contract 2 years ago.

    Frank’s Answer

    In California, the statute of limitations for breach of oral contract is 2 years, and 4 years for breach of written contract. There are some situations which toll (in other words, extend) the statute of limitations such as by repayment of a debt, by being outside the State of California. Also, keep in mind that the statute of limitations is a defense which must be raised in the Answer to Complaint; otherwise, it is waived.

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  • In a UD case can you make a Motion to Quash the Service of Summons and Complaint if there was no posting order request made?

    In a UD case can you make a Motion to Quash the Service of Summons and Complaint if there was no posting order request made? Checked with the Court Clerk and no request for a posting order was made.

    Frank’s Answer

    Yes, if the landlord contends that you were properly served with the summons and complaint for unlawful detainer by posting and mail (and no other method of service). However, such motions challenging service are generally disfavored, so you are better off just filing an answer to the complaint.

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  • Hello I'm trying to find information about suing a company

    I'm trying to sue a company for withholding information from us about money, forcing to make extra charges in order to deliver a dog, holding the dog for at least 4 days and not answering calls and refusing to tell us where is at, refusing to lets...

    Frank’s Answer

    In such a situation, your best bet would be to file a small claims court lawsuit. As an individual, you can sue for up to $10,000 in California without the necessity to hire an attorney to represent you at trial (but you can hire an attorney to help you research the law and to prepare your presentation). For more information about how to sue in small claims court, see the various links at the left side of this web page:

    http://www.courts.ca.gov/selfhelp-smallclaims.htm

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