Robert Harlan Stempler’s Answers

Robert Harlan Stempler

Woodland Hills Lawsuit / Dispute Attorney.

Contributor Level 19
  1. Should I hire a lawyer or a paralegal to submit motion to vacate?

    Answered almost 2 years ago.

    1. Robert Harlan Stempler
    2. Michael Raymond Daymude
    3. Robert Bruce Kopelson
    4. Sagi Shaked
    5. Mark Allen Massey
    6. ···
    6 lawyer answers

    Your posting suggests that you've considered a few of the basic options when learning of this default money judgment. Below is a link to my blog on all options when a defendant discovers a default judgment on an unpaid debt. Your posting does not indicate when the default judgment was entered or the location that the proof of service shows service was completed or whether it shows personal versus substitute service. These are important considerations in determining how likely a motion to set...

    14 lawyers agreed with this answer

  2. My lawyer did not attend the trial, and lied to me. The court told me i lost because of failure to appear. what should i do?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Catherine Elizabeth Bennett
    3. Robert Harlan Stempler
    4. Robin Mashal
    4 lawyer answers

    Failure to appear at a hearing that results in prejudice to the client is considered below the standard of care for a lawyer, for which you can complain to the state bar and have a potential claim for damages, due to negligence and possibly breach of contract. Lying to you also violates the Code of Professional Conduct to communicate promptly and completely to the client of substantive issues in the case. Before you may sue for damages, you must first to try to restore the case and get the...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can a plaintiff amend a complaint and do they have to get permission from the court to do so? Can they amend it before a MSJ

    Answered almost 2 years ago.

    1. Robert Harlan Stempler
    2. Michael Charles Doland
    3. Robert Bruce Kopelson
    3 lawyer answers

    The complaint can be amended at any time, with permission from the court, either by motion for leave to amend or by stipulation. Once the defendant has appeared, the only service required is by regular, U.S. Mail. If the defendant has not appeared when a complaint has been amended, the amended complaint must be personally served, unless the defendant has agreed to another form of service or to appear voluntarily. There is no way that you should welcome a judgment against you, if you are a...

    12 lawyers agreed with this answer

  4. What to do when elderly person receives a subpoena from an attorney 30 miles away and has no transportation?

    Answered 5 months ago.

    1. Robert Harlan Stempler
    2. Alan Ray Barnes
    3. Alan Shepard
    4. Igor Kopilenko
    4 lawyer answers

    Most likely the attorney who wants the deposition will accept the call from the witness and be willing to work out something for her to attend without undue inconvenience. No lawyer wants to take the deposition of an unfriendly witness who has been greatly inconvenienced. This starts with the witness calling the lawyer and advising of the situation, so a solution can be found. By: Robert Stempler (please see DISCLAIMER below) CONSUMER LAW OFFICE OF ROBERT STEMPLER A Professional Law...

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  5. Chapter 13 bankruptcy foreclosure unsecured debt

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. Joseph Wrobel
    3. Justin Drayton Graham
    4. Michael Raymond Daymude
    5. Joseph Ryan
    5 lawyer answers

    If the lender foreclosed by a trustee sale, not by a lawsuit filed in court for a judicial foreclosure, then you most likely have no deficiency to that lender if this was in California. If you'd like to post a new question on Avvo with some specifics of that loan and foreclosure to get responses on any deficiency, that may help you to know what debts to include in your Chapter 13 Bankruptcy plan or consult with an attorney who can assist you to answer this question, such as a Bankruptcy...

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  6. Can I get served a default judgements even when answering a summons?

    Answered about 1 month ago.

    1. Robert Harlan Stempler
    2. Frank Wei-Hong Chen
    3. Robert Parkinson Taylor
    4. Charles Michael Standard
    5. Daniel Frank Gigiano
    6. ···
    6 lawyer answers

    The clerk of the court will reject any premature requests for entry of a default judgment based on the date and manner of service. The clerk of the court will also reject any request fro entry of a default judgment if the defendant filed his/her/its answer before the clerk receives the default request. I suggest you hire a debt collection DEFENSE attorney, as the risk of a judgment is still high and many defendants lose important defenses by handling it themselves.

    11 lawyers agreed with this answer

  7. CIVIL LITIGATION

    Answered about 1 year ago.

    1. Robert Harlan Stempler
    2. Alan Ray Barnes
    3. Sagar P. Parikh
    4. Keith Daniel Cable
    5. Dean George Rallis Jr
    6. ···
    6 lawyer answers

    To file a reply to the reply brief, known as a sur-reply brief, requires court permission. There is no requirement to reply to a reply. It is not proper for the moving party to add new arguments in a reply brief, which is why a sur reply brief is generally unnecessary, as the judge should not consider new arguments or facts filed in a reply brief. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com www.facebook.com/SoCalConsumerLawyer Twitter: @RStempler

    11 lawyers agreed with this answer

  8. Are there tax consequencies in deed in lieu of foreclosure? I was discharge in chapter 7.

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. Brian Crozier Whitaker
    3. Henry Daniel Lively
    3 lawyer answers

    If you have discharged your debt obligations in your Chapter 7 Bankruptcy and not reaffirmed that you would continue to stay in the house, then there should be no tax consequence for any debt discharged by the Bankruptcy. Debts discharged under the Tile 11 (the Bankruptcy Code) are excludable from gross income. See page 5 of IRS Publication 4681, linked below. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com www.facebook.com/SoCalConsumerLawyer Twitter: @...

    11 lawyers agreed with this answer

  9. Soon to marry, do I need to file chapter 7,13 b-fore marriage,so that it doesnt effect her credit? If I file is she obligated to

    Answered almost 2 years ago.

    1. Brian Crozier Whitaker
    2. Tiffany Nicole Romine
    3. William James Waters
    4. Robert Harlan Stempler
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    I recently had someone call me who had just gotten married and now they are being sued by the credit card bank on a large unpaid credit card debt. They don't have the funds to negotiate a settlement and because of their spouse's income, they cannot qualify for a Chapter 7 Bankruptcy discharge. Thus, if they settle for payments, the payments will be very tough for the person to pay, probably they will default on any settlement. Had the person filed for bankruptcy before the marriage, both of...

    11 lawyers agreed with this answer

  10. Collection attorney Michael K Spires/CACH, LLC filed false proof of service, got default judgement and garnishment against me.

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. Robert Harlan Stempler
    3. Michael Charles Doland
    4. Greg R Groeneveld
    5. Michael Salanick
    6. ···
    6 lawyer answers

    Below is a link to my blog which explains your options on this default judgment, that was not served. If the default judgment is set aside by the court, following properly prepared motion, then you should be able to get the garnished funds back and then be able to defend the lawsuit on its merits, meaning you would be allowed to present your defenses for consideration by the judge. I'd suggest that you hire experienced counsel to defend this lawsuit and file the motion to set aside, because if...

    11 lawyers agreed with this answer