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Carl H Starrett

Carl Starrett’s Answers

1,141 total


  • Potential Civil Rights Case against SD “What if the Court Abused the discretion ,Change of Circumstance?” Do I have a case?

    I am almost in my 2 yr statue of limitation this coming Aug., I am needing answers so that I may articulate better for presenting my case.

    Carl’s Answer

    It is impossible to answer your question without more information.

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  • Process server behavior

    I'm in California and per my neighbors I had a process server for 15 min banging on my front door tonight loudly shouting out my name and declaring he was there to serve me court papers. And he was shining a flash light in my windows. Is this ki...

    Carl’s Answer

    There is no specific law prohibiting what the process server did.

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  • The lawyer did not answer my interrogatories they objected to all documents I requested that I know they have access to,

    When a lawyer objects to all interrogatories and refuses to provide documents what does that mean? If I answered all their interrogatories and provided documentation why wouldn't they? And they even resent me asking for more documents. I told the...

    Carl’s Answer

    You have to follow the proper procedures to file a motion to compel. It has to be in writing and set for a hearing date. You can't just walk into court and complain to the judge.

    Before you file the motion, you need to follow the rules to "meet and confer' and try to work it out. You must also file the motion within the proper time deadlines.

    if you don't know the rules or know how to follow them, you need an attorney regardless of how small the claim is.

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  • Can someone get sue for misdemeanor commited two years ago?

    A friend posted nude pictures of an ex girlfriend in March 2013 on line. They went to court and his ex got a restraining order against him for a year. He did not violate the restraining order or has he had contact with her since. His ex has inform...

    Carl’s Answer

    The deadline to file a private lawsuit for damages has nothing to do with any criminal prosecution. A lawsuit for intentional infliction of emotional distress must generally be filed within 2 years of the incident. She's probably bluffing, but it wouldn't hurt for your friend to see an attorney.

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  • In chapter 7 I filed a motion to avoid judgment lien on home. Thought I followed all rules. denied due to service on the LLC

    PLEASE HELP!! I worked very hard to try to comply with all of the rules I read about. I filed a thorough motion that went unopposed. I served the creditor (who is an LLC) at the most official address I could find Attn: Managing Member. Af...

    Carl’s Answer

    The court wants to you send the motion to a specific person such as the designated agent for service of process, not just "managing member". An attorney can help you research this and serve the proper person for the organization.

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  • Can I file bankruptcy even if I am potentially receiving a personal injury settlement?

    My question is two fold. I owe my landlord a lot of back rent. She knows I should be getting a settlement from a lawsuit but that's yet to be determined. Based on this she has permitted me to stay but only if I draft/sign (was not notarized) a pro...

    Carl’s Answer

    If you file bankruptcy before settling the personal injury case, you MUST disclosed the claim on your bankruptcy papers. Failure to do so could result in denial of a discharge, losing settlement and even jail time. An experienced bankruptcy attorney can tell you how much of the potential settlement can be protected. Sometimes is is best to get the settlement first so you can figure out a beneficial way to used the money, but don't to anything without talking to an attorney first.

    In answer to your second question, the bankruptcy would most likely wipe out the obligation under the promissory note, but beware of the possibility of fraud allegations by the landlord. Discuss this with your bankruptcy attorney as well.

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  • Can I sue my vet for coercing me to agree to excessive treatment?

    I took my dog to the vet. They gave her some medications. The meds made her sick. she was vomiting a lot. I brought her back to the clinic and the vet prescribed a very aggressive treatment, including x-rays and bloodwork. I said, No, and that I w...

    Carl’s Answer

    It doesn't sound like you were coerced into anything, However, you do have the option of filing a small claims lawsuit.

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  • I need an attorney who will accept the ARAG ins plan. My issue is Bank of America Mortgage. I have lots of damaging information.

    Also this has been going on since 2008. Yes I was a victim. This is also an anguish case. Trust me they will settle out of court. Thank You

    Carl’s Answer

    You should call ARAG for a referral.

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  • Property manager suing me in small claims court after hiring a debt collector and not answering my debt validation requested

    I moved out my apartment and landlord tried to charge me an inflated amount of money for damages and bed bugs a month after i moved out. There werent bed bugs when i was there but they claim i left them. I called and called asking for receipts an...

    Carl’s Answer

    The FDCPA does not apply to the original debt collector. Also, failure to response to a debt validation letter is not a defense. The landlord has the right to sue you and have the court decide if they have a valid. For more information, you should hire a local attorney.

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