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Sarah Rose Wolk

Sarah Wolk’s Answers

17 total


  • Dad is illegal alien and owe CC debt, not able to pay

    Hi My dad and I lives in CA, and my dad had a stroke couple years ago, he’s getting better now. The thing is that we been buying medicine under his credit card, and putting doctor’s bill on it too. Now the CC debt is close to 30k. He has no jo...

    Sarah’s Answer

    An option other than declaring bankruptcy is to try and settle with the credit card company. Many credit card companies will settle a debt for less than the remaining balance. This can come in the form of one lump sum payment with the debt discharged after receipt of payment, or an agreement on an amount with payment plan over a period of time. If someone declares bankruptcy, the credit card companies will likely not get any money and they are therefore willing to negotiate.

    You may want to have your father try this, but an attorney would likely be able to help you get a decent settlement for your father's financial situation.

    The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • Custody paperwork needs to be made, can I write this up myself and have it notorized or does a court need to do this?

    I recently spoke to my daughters mom and we agreed to have her live with me due to her being unstable (no job, moved, and varoius other things). Should I write up what I want her mother to sign or should I have a lawyer draft everything up and sen...

    Sarah’s Answer

    You will probably need to fill out a Stipulation to Modify Custody. You can do this yourself and file it with the court. It is not mandatory to have an attorney prepare it, although a lawyer might be able to help you confirm that it is filled out correctly and the proper procedures are followed.

    The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • Help with language or case law to cite in filing demurrer.

    I was recently sued by FIA cardservices for allegedly guaranteeing a corporate credit card. They did NOT provide any agreement, guarantee, or other document with my signature. (Not even original application from company applying for car. Nothing s...

    Sarah’s Answer

    • Selected as best answer

    A Demurrer based on the Statute of Frauds will only be successful if the plaintiff alleged an oral agreement, not a written contract. A Demurrer is based on the pleading on its face. This means that if the Complaint says a written agreement exists, whether or not it does, the Complaint will likely be upheld. If the plaintiff did not allege a written agreement, then the Statute of Frauds argument may be successful.

    Even if the Complaint alleges a written contract, you can bring a Motion For Summary Judgment later in your case after some discovery. You can also request attorney's fees, especially plaintiff pled that a written contract exists and then failed to provide it to you during discovery.

    If you choose to proceed with a Demurrer, you will want to show that plaintiff failed to state a valid cause of action and/or plaintiff's allegations are uncertain.

    The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • I am on work comp. I still have pain and loss of motion.If I go back to work am I stuck. Full duty is very physical

    I fell and got great surgery on a fx,d ankle. I had recent tx on the included knee.But, because of non-wt. bear on ankle i hurt shldr. No tx for 1 month to get approval to include body part. painful. conservative tx then surgery 7-09. Still on Wor...

    Sarah’s Answer

    Are you asking whether this would hinder your progress physically/medically? Because if that is your question, it is not a legal question. Otherwise, if you're asking whether you would be able to receive worker's compensation benefits still, see my previous answer.

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  • I am on work comp. I still have pain and loss of motion.If I go back to work am I stuck. Full duty is very physical

    I fell and got great surgery on a fx,d ankle. I had recent tx on the included knee.But, because of non-wt. bear on ankle i hurt shldr. No tx for 1 month to get approval to include body part. painful. conservative tx then surgery 7-09. Still on Wor...

    Sarah’s Answer

    An injured worker receives worker's compensation benefits if (s)he is deemed partially or totally disabled, usually by a work comp doctor. Once an injured worker returns to work, the benefits may cease. They will only commence again if the injured worker is again deemed partially or totally disabled, likely by the doctor again.

    Your treating doctor should have recommended whether you're ready to return to work yet. Your doctor may have said you are capable of modified work, which you seem to describe as clerical work. If an employer offers qualifying modified work, the injured worker should accept the offer or benefits may stop.

    The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • How will i be notified if i have to show up to court if i filed domestic violence

    i filed domestic violence against my boyfriend

    Sarah’s Answer

    If you filed for a restraining order then a Temporary Restraining Order was likely issued the same day. The Order should have a date to return for the hearing on a permanent order (usually 10 days later).

    The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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  • My friend has signed a Decloration of gift of personal property . He is legally blind and was during signing , can he revoke it

    he is an elderly gentleman . It appears his now diceased wife may have initialed it as well . She was sick and living in assisted living and not legally capable of making such a decision . He is legally blind , and was told by her daughter to sign...

    Sarah’s Answer

    For the insurance benefits, the insurance company should be contacted to change the beneficiary. A death annuity beneficiary designated through an insurance company cannot be altered by a separate contractual document.

    The gift of the personal property can be revoked if it was gratuitous. Exactly how this is done may differ depending on the terms of the gift. If the gift was to vest when your friend dies, he should probably create a new, legally enforceable document revoking the past gift and specifying the new gift recipient. Your friend may want the assistance of an attorney if this is the case.

    If this was just a contract gratuitously gifting personal property at some time in the future, your friend probably just needs to sign a new letter or document stating his intention to revoke the contract. However, to know for sure whether this is possible, the terms of the contract would need to be reviewed.

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