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Carl H Starrett II

Carl Starrett’s Answers

1,281 total


  • Does my attorney have to copy me on letters he writes to opposing parties?

    I had a mortgage in Ch. 13 that completed in October 2014. The loan was sold, and the new company has changed names. They had all the info wrong and held a large check for about five months without crediting it towards my loan. In January 2015,...

    Carl’s Answer

    The file belongs to you, so imply ask for a copy of his letter. Most attorneys don't send their clients every single letter or email that comes in or goes out regarding a case. The level of communication is an expectation that should be covered at the beginning of the base.

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  • Refusal to answer discovery. Dismissal of case.

    Can I refuse to answer discovery sent by an attorney representing a defendant that has not even been served. (I was not ready to serve his client yet but he noticed the case on the online docket). If I have not served the case, can I dismiss i...

    Carl’s Answer

    Lack of service on the defendant doesn't matter. The defendant has made an appearance in the matter by filing a motion to strike. You are obligated to respond to the discovery.

    You do have the option of filing a request for dismissal, though the defendant could file for a cost judgment against you. if you dismiss without prejudice, you could file the same claim later UNLESS the nature of the case requires a mandatory joinder of parties.

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  • Does a letter from a GA doctors office "Internal Collections system" have to follow FDCPA or is only for third party collectors?

    I received a letter from a doctors office which says I am severely delinquent and my account has been placed with "internal collections". I have already paid the bill months ago as it is reflected on my bank statement, (its under $30). There is n...

    Carl’s Answer

    The FDCPA only applies to third party debt collectors. It isn't entirely clear from your post if this is from the doctor's office or from an outside entity.

    Some states that consumer protection laws similar to the FDCPA that do apply to the original creditor.

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  • How can I stop his sister from throwing me out and taking OUR assets of 14 years and also be able to postpone leaving my home?

    I've been living with my boyfriend for 14 years. We separated for 9 months then I came back for the past 11 months to work it out. The house is in his name only, but we have several utility bills together. We never married due to his $50K IRS deb...

    Carl’s Answer

    You really need to be speaking with a local attorney that specializes in probate matters.

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  • Do i have a case in small claims court to get my money back for damages that was caused by them

    i was arrested for DV my girlfriend at the time was drunk and was talking to her employer that called the cops and i was arrested cause she had bruise from falling down cause she was drunk. i did nothing wrong and she sent a letter saying i was...

    Carl’s Answer

    Winning this type of lawsuit is extremely difficult even under ideal circumstances and your case sounds less than ideal. Your are better off letting this go and moving on with your life. Do you really want to sue your ex-girlfriend?

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  • Am I right that the two are not related ? That the proper course of action is the to stay current with HOA dues ?

    We belong to an HOA and have not made the yearly payment for three years. I received a demand for payment from the HOA law firm and paid it in full. Our problem is that we keep asking how the money is being spent ? We get spread sheets. Those are ...

    Carl’s Answer

    You will need to speak with a Florida real estate attorney for further assistance. I used to represent HOAs in California and unhappiness with how the HOA spent the money was not legal grounds to withhold payment of the dues. Also, your right to review HOA documents like bank statements will be governed by state law, the Bylaws and CC&Rs. I cannot say if you even have the right look at bank statements. In California, I would say no.

    In some respects, HOAs are like a mini government. They have legal duties to perform and can collect HOA dues like taxes. if you don't like how the government is spending money, you can't just stop paying your taxes, You need to got to the meetings and demand explanations or elect new representatives.

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  • What do I need to do to make this complaint go away?

    had a start up tax business with 3 partners on Jan 1. 2015. we had a mutual agreement that none of us would take any draws this year as we needed to cover overhead/rent through the remainder of the year. We ended tax season being debt free and en...

    Carl’s Answer

    You need to hire a business attorney to review the allegations of the lawsuit and get further advice. You might need to answer the lawsuit and file a countersuit.

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  • I have a time limit question about filing a complaint in the District Court

    On a civil matter federal question, how many years after the date of occurrence does the plaintiff have to file a complaint in the District Court Southern District of California?

    Carl’s Answer

    Time limits depend on the type of claim involved. A claim for a breach of written contract must be filed within 4 years. A construction defect claim can be as long as 10 years.

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  • I think i know the answer to this one - no need to insult me. toddler, loss of consortium??!?

    So, most people think well the spouse could no longer have sex due to pain from the injury. However, is it still a loss of consortium claim if a toddler can no longer be picked up and played with or nursed due to pain from the injury? I believe ...

    Carl’s Answer

    No, it does not meet the legal definition of loss of consortium. It would be a claim for pain and sufferiing.

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