Michael Ernest Doukas’s Answers

Michael Ernest Doukas

Del Mar Lawsuit / Dispute Attorney.

Contributor Level 7
  1. I bought my gf a car and now have to take it back

    Answered over 2 years ago.

    1. Michael Ernest Doukas
    2. Thomas Anthony Schaeffer
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Unfortunately, you are holding the bag. Unless you have a written oral agreement with her, you can't make her pay through a legal action. But, as the titled owner, you have the right to possession of the car as long as you do not breach the peace taking it back.

    4 lawyers agreed with this answer

  2. Can I amend my complaint to add abuse of process?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Ernest Doukas
    3. Agavni Gina Hogtanian
    4. James Carl Eschen III
    4 lawyer answers

    You should ask yourself whether you should do so now or not. You should seek legal advice as to whether you risk an anti-SLAPP motion or not. Such causes of action are not favored so might weaken you case. Get legal advice. Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do subpoenaed documents always go straight to the court?

    Answered over 2 years ago.

    1. Michael Ernest Doukas
    2. Adrienne Patricia Allen
    2 lawyer answers

    You can certainly have them delivered to the court with required affidavits if that is useful for trial. You can have them delivered to you, and you can hire an attorney service to handle that process for you if you are uncertain. Note: This is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If I cosigned a student loan and the main signer has stopped paying the loan do i have any legal recourse to stop harassment?

    Answered 4 months ago.

    1. Richard Scott Lysle
    2. Rixon Charles Rafter III
    3. Dorothy G Bunce
    4. Michael Ernest Doukas
    5. Kevin H. Pate
    5 lawyer answers

    You agreed to be as liable as the original borrower. They can send letters and call you as long as it doesn't violate any federal of California debt collection law. Your credit and wages are at risk. You would be wise to consult an attorney to see if you can settle the matter as a student loan is unlikely to go away.

    2 lawyers agreed with this answer

  5. Which personal Proof of service form is needed? POS-20 or POS-40?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Dominique Nghi Thieu
    3. Michael Ernest Doukas
    4. Constantine D. Buzunis
    4 lawyer answers

    You don't say which state you want to file an Answer in. In any event, other than California, it is a function of the law in that state. California court forms are designed for our courts. While they may be useable elsewhere, you need to ask this question of a lawyer in that state. Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

    2 lawyers agreed with this answer

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

    Answered about 4 years ago.

    1. Robert Harlan Stempler
    2. Richard Alan Rodgers
    3. Frank Wei-Hong Chen
    4. Michael Ernest Doukas
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  7. Meet and confer letter an effective means of compelling responses?

    Answered over 2 years ago.

    1. Michael Ernest Doukas
    2. Adrienne Patricia Allen
    2 lawyer answers

    As you might guess, the process involves negotiation and depends on the other party's willingness to cooperate. There is no compulsion from a letter alone. Note: This is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. I am currently fresh out of a relationship and I'm having financial troubles. one of my creditors keeps harassing me by multiple

    Answered 4 months ago.

    1. Nicholas Basil Spirtos
    2. Daniel Ray Gamez
    3. Richard Scott Lysle
    4. Edna Carroll Straus
    5. James Charles Shields
    6. ···
    6 lawyer answers

    You didn't mention who the creditor is. Not all creditors fall under the collection laws and not all "creditors" are legitimate. Be sure you know this is your debt. If this involves a Payday Loan, be sure it isn't a scam as they are rampant. I do agree a bankruptcy consultation is a good idea. Find one who has a payment plan if you can't pay the retainer all at once.

    1 lawyer agreed with this answer

  9. Superior court of California--limited--credit card debt case question:

    Answered over 2 years ago.

    1. Kevin Samuel Sullivan
    2. Michael Ernest Doukas
    2 lawyer answers

    Agree. You also need a trial attorney to discuss what evidence is with you, and how it figures into the trial itself. Evidence is entered at trial. You need a clearer picture of the process. Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

    1 lawyer agreed with this answer

  10. How long can bad credit stay on your credit report?

    Answered over 2 years ago.

    1. Robert Harlan Stempler
    2. Richard Scott Lysle
    3. Michael Ernest Doukas
    4. Dorothy G Bunce
    5. Rhea Lee Levine
    6. ···
    6 lawyer answers

    The main issue with items that have been paid is whether the account is now being reported as a zero balance. Typically it will read, "paid as settled," or some variation. These stay on your credit report for 7 years from the time the account went into default and was never made current thereafter. If it is a debt buyer or collector, the date is the one when they received the account. It doesn't restart the 7 year period. There is a history from the original creditor to each assignee in...

    1 lawyer agreed with this answer