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Michael Ernest Doukas

Michael Doukas’s Answers

30 total

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

    I am being harassed by the Institution holding the loan with letters and phone calls. I have been told by them that my credit and wages are at risk and that I may face other repercussions if the loan is not paid in full.

    Michael’s Answer

    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.

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

    phone calls and showing up at my job. what could I do? is this something I have to live with?

    Michael’s Answer

    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.

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  • Can a merchant/business outside the U.S. send me to collections and will the major credit bureaus report this?

    I received a threatening email from a merchant (online betting site BOVADA.COM) that I did business with outside of the United States, stating that I owed them a few hundred dollars and that if not paid "subject to 3rd party collections and credit...

    Michael’s Answer

    Without your agreement, it is not possible to say what you agreed to. Start there. Have it reviewed by an attorney who can advise you. In all likelihood, the agreement specifically provides for such actions as lawyers have been hired to protect these lucrative business interests. Most collection agencies report on credit reports once they start a collection. That doesn't mean you can't dispute it and see what happens.

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  • Am I responsible for medical bills my ex-husband incurred while we were married? Even if I didn't sign any liability paperwork?

    After pulling my credit report I've noticed that I have two accounts negatively affecting my credit. Both belonging to my ex-husband. They are medical bills that he accrued while we were married. The company says I am responsible because we liv...

    Michael’s Answer

    If they were incurred during marriage as you say, then you are liable, even your separate is liable as they are the "necessities of life."

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

    A process server is serving my Answer out of state. Which POS form do I use? It is a civil answer (Form PLD-C-010). Thanks!

    Michael’s Answer

    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.

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

    If I want to get a governemnt report entered as evidence how do I do that before trial? Do I have to file with the court and serve Plaintiff's attorney or just serve the Plaintiffs attorney? If I do get it entered as evidence then I can refer to...

    Michael’s Answer

    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.

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  • I recently assumed the loan on my domestic partner's car so she could qualify for a home loan and move out, mutual agreement to

    move out. We were going to stay in a committed relation even though we lived in separate homes. She was going to cover my medical and I would make the car loan payment in exchange for the med coverage. We have since split up. She says I still ...

    Michael’s Answer

    Any owner on title has the same right to possession. But, you cannot breach the peace to do so. If your title says "you AND her," then both parties must agree to transfer title. If it says "you OR her," you should be able to go to DMV, or AAA if you are a member, and file the necessary paperwork to put title solely in your name. Whether this is wise or not, whether there are other factors, I cannot address here, nor give you specific advice.

    Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

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  • Notice of substitution of attorney.

    If the opposing party susbtitutes in a new attorney, must I also get a copy of the susbtitution form? How soon after?

    Michael’s Answer

    Agree. I would go to the court website and check the Register of Actions everyday. Then, you won't be caught by surprise.

    Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

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  • Can I amend my complaint to add abuse of process?

    I filed an unlimited civil case. When the defendant was served with the complaint she threatened to ruin me however she could, including filing false and retaliatory police reports. The case is in discovery and heating up. The defendant is despera...

    Michael’s Answer

    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.

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  • Superior Cort of California--Linited....Credit card trail--Notice to appear subp--002 help

    I know I have upto 20 days before trial to serve a 'notice to appear' to the Plantiff's Witness. Can I file the notice to appear with the court at the same time as it is served to the witness....someone said I had to file with the court 30 days b...

    Michael’s Answer

    Agree. By "Plaintiff's witness" you should be referring to the party or an employee of the party, not a third-party witness -- not specifically the Plaintiff -- who happens to have testimony to support that party. A subpoena is needed for non-parties.

    Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

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