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Carl H Starrett II

Carl Starrett’s Answers

1,161 total


  • Can I sell stock that I have during a Chapter 13? Can I transfer ownership of the stocks during a Chapter 13?

    I am in a Chapter 13 currently and RSU stocks that my company gave me have vested. Can I cash them in? What about transferring ownership?

    Carl’s Answer

    You need to speak your attorney because it really depends on the terms for the confirmation and the terms of the plan. Chapter 13 plans vary a lot form court to court, so the answer I would give my clients in Southern California could be different than the answer for your area. You might be able to sell the stock and keep the proceeds. Or you might need to turn the proceeds over to the trustee as a payment.

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  • Can you put a lien, possibly EJ-185 against your own civil suit?

    Long story short. Trustee from BK 7 has possession of my personal injury suit. Can a lien be filed in the county of the suit to protect the exempt asset? I know it sounds like a stretch even to me but I'm trying to protect my asset from unscrupul...

    Carl’s Answer

    You can't filed a judgment lien against yourself. You have the right to file a claim of exemption in the bankruptcy court to potentially protect some of the proceeds from the personal injury claim.

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  • I need to know how to file a mechanical lien, what the process and do I need a lawyer?

    I have perform work for a GC as their subcontractor but haven't receive the finial payment for three different properties. One of the owner of the company and I came to a verbal agreement about the payments but when I sent them the written agreeme...

    Carl’s Answer

    The laws on recording mechanic's liens will vary by state. You'll want to speak with an attorney who knows construction law in your state. You can use the AVVO search function or call the lawyer referral service form you local county bar association.

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  • Personal collections/garnishment of wages to an employee of Boeing in Seattle Wa

    This is hurtful to me because its my son. I loaned my son $10,000 to get released from jail April 2013 for an abuse case, I don't condone that type of behavior at all but i didn't want him to lose his job with Boeing as a manager so i loaned him t...

    Carl’s Answer

    I believe Washington state does allow wage garnishments, but you'll need to file a lawsuit there and sue in in order to get a judgment. Please bear in mind that I do not practice law in Washington, so you'll need to hire an attorney to verify.

    In most states, a garnishment for child or spousal support would priority over other types of garnishments. I'm sorry you are going through this, but collecting might be difficult.

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  • Is it possible to file a continuance for an LA court credit card collections suit?

    One week til trial date.

    Carl’s Answer

    It isn't impossible, but you'll need a pretty good reason and will need to file an ex parte motion as the other attorneys have noted.

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  • If I forgo my job's health insurance are they required to reimburse the cost to me on my paychecks?

    My boss offers up to $300 towards health insurance (as in you choose a plan anywhere and they will cover up to $300) but I already have a plan with my family so I decided to forgo using it. Another employee was told that they would receive the $30...

    Carl’s Answer

    Your boss offered you a benefit and you turned it down. Another employee took advantage of it and now you regret turning it down. The solution is simple: "Hey boss, i made a mistake, Can I start taking advantage fo the $300 health care benefit that I turned down?"

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  • Can I sue someone that i once trusted to store my guns but now will not give them back

    When my mother died I received all of her possessions which included guns (2 shot guns, 2 hand guns .45, .38) I trusted a friend to store them at her boyfriend house for me until I got situated and was able to get a steel gun case now they will no...

    Carl’s Answer

    Send them a letter giving 7 days to turn over the weapons. if they don't sue them in small claims court.

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  • Is there any way to get money back for services not rendered if I have lost contact with the other party involved?

    I paid $1250 up front for 10 training sessions with a local dog trainer. I received 3 out of the 10 sessions and the trainer is no longer answering any of my phone calls or emails. His phone lines are still running and his website and voice mail s...

    Carl’s Answer

    It would not be out of line, but don't be surprised if the owner becomes upset or embarrassed and asks you to leave.

    Then general rules of small claims court require you to submit a written demand for payment. Pay a visit and send a letter if your visit doesn't result in payment. Give them 10 days to refund your money and then sue if they fail to comply.

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  • How do I get out of my structured settlement?

    I was set up with a structured settlement after my car accident. The company had set up the payments a certain way, but things had changed and now the way the payments are set up it no longer benefits me . How can I get the money out of the struct...

    Carl’s Answer

    If you had a structured settlement, it was probably done in accordance with a settlement agreement or pursuant to a court order. A settlement agreement is a contract. If you want to alter the terms of the contract,, you'll need to negotiate with the company making the payments.

    If the settlement was made pursuant to a court order, such a minor's compromise, you might be able to file a motion with the court and ask the just to change the terms based on your new circumstances. It is unclear if you have sufficient legal grounds to do so.

    Finally, there are companies advertising on TV that might be willing to give you a lump sum in exchange for the future payment stream.

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  • See below. Thanks much.

    Good day. In a law suit, there are many items listed as either background or complaints. What is the Latin term to answering each and every item in order? Thank you

    Carl’s Answer

    I'm not aware of any Latin legal term that governs covers your question. To be honest, using fancy Latin terms is rarely a good idea. Judges don't care for them and it is better to simply say what you mean.

    When filing an answer to a complaint, there are admissions, denials and affirmative defenses. No fancy Latin terms needed.

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