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Carl H Starrett

Carl Starrett’s Answers

1,133 total


  • Is bankruptcy our best choice?

    We are currently behind on our mortgage and being threatened with foreclosure. All of our other debt is current and paid. We have filed 4 mortgage modifications with no help from the mortgage company. Do to the loss of a business and a back injur...

    Carl’s Answer

    I agree with Mr. Lutz in that you need to see a local bankruptcy attorney to see if you have bankruptcy can help you. Your matter is very complex and the answer isn't that simple.

    For example, Chapter 13 bankruptcy might allow you to get caught up on the payments over a 5-year period. However, the bankruptcy court cannot force the lender to modify your loan. If you have a $3000 monthly mortgage payment and could only afford a $2000 payment, bankruptcy might not help you.

    If you have a predatory loan, you might have remedies under differently laws. However, that's why you need to see a local attorney for more information.

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  • Can you appeal a small claims court decision if you are the petitioner if you can document that the respondent has lied.

    I took my father to court because he stole my trucks title ( which was a gift) and made me give him my deceased mothers ring as payment. I had proof the ring was mine, but couldn't locate the witnesses to back up the gift of the truck. Now I ccan....

    Carl’s Answer

    I hate to be the bearing of bad news, but there is nothing you can do at this point.

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  • What course of action do I take when a deposing attorney does not keep the deposition appointment?

    My husband and I were scheduled for depositions on the same day , my husband at 10:00 a.m. and mine at 1:30. The deposing attorney wanted to continue my husband's deposition into the time that I was scheduled for mine. When we objected to this th...

    Carl’s Answer

    It is no uncommon for depositions to take longer than expected. You should cooperate with getting yours rescheduled.

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  • I recently purchased a franchise for 25K but it turns out the starting cost is 2x what they indicated in FDD. Can I get my $ bac

    Most of the extra costs are from their preferred general contractor. These startup costs would basically leave me with very little working capital. Because of this, I don't want to proceed and was curious if I have a claim to receive my franchise ...

    Carl’s Answer

    You need to take the franchise agreement to can local attorney to have it reviewed for any possible legal remedies. You have not provided enough information to determine if you have any legal remedy to get out of the contract.

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  • Question about filing Bankruptcy and discharging small claims judgments from a state I no longer live in.

    I had two small claims judgments against me. I am wanting to file Chapter 7 (possibly 13). The judgment was "not" due to alcohol, injury, fraud or any of the ones I read on the list that are automatically ineligible. It was a simple contract...

    Carl’s Answer

    1. Hire an attorney to make sure everything gets done p

    2. List the addresses for the judgment creditor(s) and the court that issued the judgment in the mailing matrix.

    3. There is a form that you should fill out and file in each small claims case after you file your bankruptcy: http://www.courts.ca.gov/documents/cm180.pdf. You need to attach something form the bankruptcy court to proof that you actually filed for bankruptcy protection. You need to mail a copy to the judgment creditor and file the original with the court. Send a photocopy and a return envelope with post do you have a file-stamped copy for your records.

    The bankruptcy discharge will void the judgment automatically, but taking these steps will minimize any chances that a creditor might take in the future to enforce the judgment.

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  • What is the General cost to file an adversary action on the bankruptcy case of an ex-spouse ?

    Married for 5 years and now my ex-spouse is filing bankruptcy and is trying to pin the community debt all on me.

    Carl’s Answer

    You don't have any more community debts....you have joint debts. If the divorce decree or settlement marital settlement agreement requires your ex husband to pay the debts, an adversary proceeding might not even be necessary. The filing fee for an adversary proceeding is $350. Legal fees can be thousands of dollars.

    I suggest taking your divorce decree or MSA to a local bankruptcy attorney for further advice.

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  • I am wondering if there is anything way my husband and I can get a no contact order against my mother in law.

    My mother in law have had our issues back and forth and normally we can resolve them, but recently she has been telling my husband i'm unstable and mentally ill and throated to take us to court for my son. I am not unstable and I am not mentally ...

    Carl’s Answer

    Because of the family connection, you technically need to apply for a domestic violence restraining order. California's domestic violence laws say that behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property is a form of abuse that can be restraining with a court order. Please see the link below for more information.

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  • Will a SC-108 (Correct/Cancel of Judgement) be approved for the reason that the judge did not include an explanation?

    I was sued in small claims court and the judge decided in my favor and against the plaintiff. My understanding is that the plaintiff cannot appeal in California small claims court, however, the reason for the plaintiff's submission of the SC-108 i...

    Carl’s Answer

    Form SC-108 should only be used to correct clerical errors on the judgment or if the judge applies the wrong long. Small claims judges are not required to give reasons for their decisions, so using SC-108 in this way is improper.

    A clerical error is like if the judge made a math error in the judgment. A legal error might be if the judge applied the wrong statute of limitations.

    Form SC-108 has a second page where you can tell the judge you think the motion should be denied. Make sure that you fill out this form, mail a copy to the plaintiff and file the original with the court.

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  • What type of attorney do I need?

    I filed chapter 7, had a co signer on a credit card with a grandparent, I am no longer on it and they are coming after him. Yet he never raised the credit limit or charged anything. And the company says either of is could have raised it. They are ...

    Carl’s Answer

    As a cosigner, you grandfather agreed to pay the debt if you couldn't or wouldn't. They have every right to go after him. Your grandfather may want to hire an attorney to negotiate a settlement or file for bankruptcy.

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  • How much is it to File Chapter 7 Bankruptcy?

    I Filed Chapter 7 Bankruptcy in October 2008, what's the earliest I could File again?

    Carl’s Answer

    If you want to file for Chapter 7 again, you must wait until 8 years have passed from the filing date of your 2008 case. Enough time has passed that would allow you to file for Chapter 13.

    Prices very y location, so consult a local bankruptcy attorney.

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