I just received a DECLARATION OF AUTHORIZED AGENT IN LIEU OF LIVE TESTIMONY (C.C.P. section 98), what would be my best response?

I would agree to consult with an attorney as to your best strategy. Besides objecting to the Declaration, you might want to consider filing an In Limine Motion prior to trial to have the Declaration excluded as evidence if it doesn't meet the requirements of CCP Sec 98. This question is best asked of a trial attorney who can look at the Declaration and discuss the facts of your case with you.

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I am being sued on a SUV that I voluntarily had repoed. I am contemplating filing for bankruptcy. can I include the repo?

Specifically, if you have liability on any deficiency balance for the repo, and you may, it should be included in any bankruptcy you might file. Voluntary or not, it is a liability. Also, it will not come off your credit report in a bankruptcy, but at least there will be a zero balance, which should help. Best of luck in a tough time.

Notice of levy

I agree to file your claim of exemption right away to get the process started. Depending on the creditor, it can be useful to talk to see what can be worked out. Truthfully, a creditor is more likely to talk reasonably with an attorney. That's just the way the system operates.

Do we need an attorney

One fact that would be helpful is whether this alleged debt was a consumer debt or not. If it was, you may have a number of options available to you under the federal FDCPA. A case could be brought in state or federal court as needed. Consider contacting a consumer advocate.

What happens if a collection ageny offers a settlement I can't afford?

As previously stated, validation letters in California don't really amount to much, and little can be gained by arguing that they are insufficient unless the debt collector proceeds without providing one at all. The debt collector can move forward with a lawsuit. They may or may not have sufficient information to make their case, but without a lawyer, your chances of prevailing are limited. The debt collector may have violated the federal and California debt collection laws and be liable to...

Does the amended complaint have to be served on defendant who defaults on the original complaint?

I would add that the Defendant in this scenario should be personally served the Amended Complaint if you do not have proof of personal service on the original Complaint. Ordinarily when a Defendant has been personally served the original Complaint, the Amended Complaint can be served by mail. But in this scenario, where there was no response whatsoever, perhaps there was never successful service of process of the original Complaint. Make sure that service of process on the original Complaint...

I did my taxes on my landlords computer. He had a tracker log created before I did my taxes. My tax return form and W2 were

Based on the updated response that this happened without your permission in your home, I would consider filing a police report after seeking local counsel. In most states this scenario would certainly be invasion of privacy as you describe it. In California, you need a police report if identity theft becomes an issue and you seek to either sue or defend a lawsuit where identity theft is involved. It is useful to document the facts as you know them and get local counsel to advise you on all...

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What is it called when a parent uses the child name/SSN for benefits? What can I do besides report it?

This is called identity theft. Consulting a local Texas lawyer would be wise to see if there a civil case for damages can be brought against the mother. This is often difficult in any event when family members are involved. You can ordinarily file a police report or a complaint with the District Attorney's Office. Contact local legal counsel and local authorities for further help.

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Is it possible to have charges brought on someone that are 4+ years old?

In additional to the useful information provided by the prior attorney, I would suggest you contact local counsel as there may be additional state laws that might be usefully employed in your case. For example, in California where I practice when someone turns 18 the statute of limitations only then begins to run on matters that happened to them when a minor. Bottom line: seek local counsel. Check withe the local bar association for a Lawyer Referral Service near you.

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Do cases in Federal court always have to use federal law?

As a supplement to the previous answers, please note that the federal court can apply supplemental jurisdiction to a case, but the litigant must make that clear in its pleadings what relief, and what state law it seeks to add to its federal causes of action. Opposing counsel can file various motions in opposition to the application of various state laws including seeking to dismiss your case [e.g., a 12(b)(6) motion]. Ultimately, District Court Judge will decide. Any final ruling can be...

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