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Kendra Thomas's Answers
Contributor Level 10
- 61 Legal Answers
- 3 Legal Guides
2
Attorney answers:
Ca:Children 16 & 13 father pays no child support,no commutation for 2 years.Now father want visitations? What should I know ?
I am sorry to hear about your situation. It sounds very frustrating. One good thing is the age of your children. Given the ages of the children involved -- 13 and 16, you have recourse to ask the court to consider the wishes of your children. The court has many different methods through which to consider what your children want, whether it be through someone (like an evaluator) speaking with your children and reporting back to the court; or having the court speak directly to them in a...
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Attorney answers:
Is this sale fraudulent?
If the property was owned jointly, then she could not sell it unilaterally. To the extent that paperwork required your consent and it was not given, you may be able to have the sale rescinded as lacking your consent. You would have to bring an action in court to have the sales contract rescinded as these actions can be complicated, you may consider speaking to a local real estate attorney who also litigates civil cases.
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3
Attorney answers:
I am marrying my non-citizen boyfriend. Do I need a prenup? How can I do this without a lawyer and protect my family will?
Congratulations on your pending nuptials. You are asking a lot of different questions in your question. For example, you may consider protecting any inheritance you get by putting in a separate account that your spouse does not have access to. Generally, an inheritance is separate property (even if acquired while married), if nothing happens to convert the separate property character of the inheritance to community property. If your question is simply how you protect an inheritance from...
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3
Attorney answers:
I filed an OSC in family court. What happens if he oes not file a response?
If he does not file a response, the court has the option of making a ruling without any input from the other party. If the court feels this would be inequitable and/or that the other side had a good reason for not responding (i.e. he was not properly served), the court may continue out the hearing to give the other side a chance to respond. (A continuance could be given and he may be ordered to file a response if the court cannot make the requested order without consideration of his...
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2
Attorney answers:
What is the debt collection statute of limitations in CA state
The statute of limitations on a written agreement is 4 years, calculated from the date of breach, and 2 years on oral agreements. Many times medical treatment requires a patient to sign a contract or written document authorizing treatment. As such, such treatment falls within the 4 year statute. You can try to argue that the account should not have been sent to collections and the office should have contacted you first; however, the doctor can argue that you having received treatment you had...
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1
Attorney answers:
Can long term disability income be garnished by creditors
The answer to your question may depend on the type of disability that you are receiving. For example, third-party disability insurance payments can be considered income. They are considered earned and are taxable. Depending on the policy conditions they could be garnished by judgment creditors. Conversely, Social Security Disability (SSDI) and Supplemental Income (SSI) are generally not garnishable by judgment creditors. Keep in mind that by referring to judgment creditors, I am not...
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2
Attorney answers:
Dissolve LLC but keep company active
Yes, you can dissolve the LLC. You should be able to do this by contacting the Secretary of State. To the extent that there are any outstanding taxes owed to the state, these will need to be dealt with before the LLC can be dissolved. Here is a website with information and forms helpful for dissolving the LLC: http://www.sos.ca.gov/business/llc/forms/llc-3_4-7_4-8.pdf. As long as the LLC name is not taken once your are operating at a profit, you should be able to re-establish the LLC.
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3
Attorney answers:
Should I pursue this?
It is unfortunate that your company said one thing and did another; however, whether you have a case will hinge on whether they illegally terminated you. Unfortunately, absent an employment contract of some type, you are likely an at-will employee who may be terminated or laid off at any time and for any (or no) reason that is not discriminatory based upon your age, race, religion, gender, etc. Although your company stated that there would be no lay offs until later, this really is not going...
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3
Attorney answers:
What legal obligations do i have if i get married?
Any property, assets, or debt acquired after marriage will be considered part of the community. In the event of a divorce, a court would have discretion to look at all the property to make a determination as to what belongs to the community. Ultimately the could will consider property acquired prior to the marriage, or property acquired by gift or inheritance to be separate property. This could change if any of that property is jointly titled or maintained by the community or community funds....
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2
Attorney answers:
I have a restraining order on my husband, can the judge order him to be removed from our lease if he is not living at the apt?
Thank you for your question. It is more likely that the court will order that your husband leave the apartment. It is not likely that the court will make an order regarding the lease and/or whether a name should be removed from the lease. However, to the extent the court orders that your husband not return to the property in your presence, the property management company or landlord will have to honor that.
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