Richard Leigh Boyer’s Answers

You should have a lawyer review your contract, the facts, and provide a legal opinion. Without seeing the contract in question and having an understanding of all the relevant facts it is impossible to give you any worthwhile legal advice. If this contract is one you intend to continue using, it is worth the cost of hiring a lawyer to make sure it is one that is enforceable. Just because your client signed it doesn't necessary mean it is binding in all circumstances.

Yes. You can bring a motion to set aside the judgment on the basis you were never served. You should first contact the creditor and find out if he/she will voluntarily withdraw the judgment. If not, you'll have to bring a motion. You should have a lawyer appear for you, so you don't get served in court.

With or without an attorney, the cost is going to be $435. You'll need to prepare a complaint and file it in Superior Court. If you need to pay a process server to personally serve any defendants, add around $80 per defendant for that cost. Any costs after that will be determined by whether there is discovery conducted, jury fees paid, and any other service fees you have to pay.

A judgment is something the court gives the prevailing party in a lawsuit. An eviction is when an occupant is required to move from a property. So, no, they aren't the same thing. However, it isn't clear what you mean by "paper work" and "everything was finalized." Did you reach a settlement with the landlord Plaintiff to avoid an unlawful detainer judgment, or did you stipulate (agree) to a judgment? Regardless, where does the "eviction" appear? On your credit report? About the only thing you...

As of now, the most you can be awarded in damages in small claims court is $10,000. You can sue for any amount, but if your award is above $10,000, it will be reduced to $10,000. There are some kinds of cases where you can sue for treble damages (3 times actual damages), but your case isn't one of them.

I would call it Supplemental Responses to Form Interrogatories. Then start with 17.1, and use sub headings numbered for the RFA's you didn't answer.

If you don't remember who the lawyers were, you can go to the court's website and obtain the names of the lawyers from the court's online file. You may have to pay a nominal fee to obtain a copy of pleadings that would give you what you are looking for. After you ascertain the names of any lawyers in the case, you can call them and find out who reported your deposition. They just call the court reporter and order it. Bob's your uncle!

If you like this tenant and want to keep them, negotiate a reasonable and acceptable resolution of this issue. It's not a lot of money and each of you have arguments supporting your positions. The tenant can argue the unit wasn't ready on move in day. You can argue the flea issue is being exaggerated and you took care of it that day, which should have avoided the tenant having to find alternate living arrangements that night (I assume the unit was habitable immediately after the flea treatment?)...

Assuming your seller did not disclose the lack of permit, you have a valid claim against her for misrepresentation and breach of contract. Depending on how much the building department wants, you may want to demand your seller compensate you. You should also be concerned about the quality of the roof installation. Find out if the roofer provided a warranty that is transferable to you. If you want to pursue your seller check to see if you agreed to arbitrate disputes in the purchase/sale...

I would argue that you are entitled to amend once without leave of court. After that you are going to have to obtain leave. Otherwise, you could keep amending forever and the case will never be at issue.