if I never received a summons to appear in court and didn't know about the lawsuit, should I file A MOTION TO QUASH SERVICE OF PROCESS? The judgment didn't go through yet and case is still pending. If not, what motion do I file in this case? And i...
Hello. You should either hire an attorney or go to the self-help section in the local law library. Time is of the essence, though, and this is not a time to learn the art of self-defense. The actions you take now can have far-reaching implications. You should contact a lawyer immediately.See question
I live in San Diego, and today received a notice in the mail that credit card company is asking for a "request of entry of default" that they claimed they served me with the paperwork to show up for a trial, but this is the first time I am hearing...
Creditors routinely state that they served a defendant with process but actually did not or did not serve the defendant as required by law. A default can be set aside and a default judgment vacated on these grounds. You need to speak to an attorney about this. Of course, a bankruptcy (if that's otherwise called for) could render this issue irrelevant.See question
So far I've been on workers comp for about 7 months
As my esteemed colleagues such as Mr. Brumer (no relation) have indicated, your best bet at this point is to make an appointment with an attorney who is well-versed in bankruptcy matters. Most will take your call and offer a free consultation. The first move is the most important one. You need to make the call.See question
Neither of us have been working. I inherited some money and she can not work until I sign some papers sponsoring her to immigrate here. We have been married for about a year. In which time she has not worked because she is not of legal status. She...
Although my colleague from New York may be correct, the issues of property division in the dissolution of a marriage are determined by the laws of the State of California. California is a community property state and generally speaking the inheritance of one spouse is not community property. There are, however, exceptions and arguments that your spouse can make stating that you changed the character of the property to community property. You would be well-advised to consult with a family law attorney in this proceeding.See question
My attorney ended up being a complete jerk and screaming at me on the phone. I had worked out a payment plan. It was fourth of July, the attorney had my payment info, never charged me, then called me screaming. I said, 'I gave you the info ove...
I'm sorry you had this experience with a colleague of ours but please try again. Call a local attorney. Tell him or her what's going on and see what you can do. Filing your own bankruptcy is not advisable for most people. You will have questions along the way and nobody to answer them. You should talk to another attorney.See question
I am named in a trust and have received notice. I also have asked for copy of trust, and have received.
Unfortunately, the answer is "that depends". As a beneficiary, you have certain rights. It sounds like you're referring to a decedent's (dead person's) trust where you will receive some distribution. If you want to be sure that you are receiving everything to which you are entitled and that the successor trustee is doing that which he is required to do, it wouldn't hurt to have an attorney review the trust and oversee the successor trustee's duties. It would not be particularly expensive to hire an attorney to advise you on this, especially if you expect to receive a distribution. It's literally a small price to pay.See question
This is a Revocable Living Trust in California. Upon our Mother's death, he thinks as Executor that he can 'divvy' up funds that are set in the trust for a church to receive 15% of the estate, if the other family members are okay with it.
The successor trustee of a revocable living trust ("executors" are in charge of probate estates; not trusts) must follow the instructions for distribution set forth in the trust document. The trustee should be following the advice of an attorney who represents the trustee (not the beneficiaries). You as a beneficiary may need counsel to advise you about your rights as a beneficiary. I'd advise you to meet with an attorney for a brief consultation. Many attorneys offer a consultation free of charge to determine if you need to hire an attorney.See question
I am in debt about $80,000
1. Search on Avvo for a well-respected attorney in your area who will offer a free consultation.
2. Call that attorney and ask a few basic questions. If you can't get an attorney on the phone at that time, call someone else.
3. Meet with that attorney for about an hour free of charge. If there's a charge for the consult, call someone else.
As my colleagues have stated, the cost is not related to how much debt you have. Be wary of any attorney who charges a very low fee. In this business, you do get what you pay for.See question
My parents left behind a trust. They died and several properties were in it. My sister was named the original trustee but now she wants to stop doing this. Now that I am the trustee do I need to file anything to notify the public that I am the ...
A trust administration, while far less expensive than a formal probate, is not usually a do-it-yourself job. There are several requirements of successor trustees, especially where the original trustors (your parents) have died. You will not be able to sell any of the real estate unless your sister resigns as trustee and you accept that appointment but before you do that you need to open a formal trust administration. You should contact an attorney who handles this kind of work and discuss the least expensive means to get this done.See question
I have fallen way behind paying my credit cards; I do not have any source of income as I have health issues that do not allow me to go to work, drive etc. I am barely making it. The credit card companies have started sending me letters to pay back...
I'm sorry to hear that you're going through this. Bankruptcy may be an option but may not be the only option. You would be best served by contacting a competent, experienced bankruptcy attorney in your area for a free consultation. Most will meet with you for no charge to help you decide what's the best course of action. You need to take the first step, though. Just pick up the phone and make the call.See question