Dean Thompson Kirby Jr’s Answers

Dean Thompson Kirby Jr

San Diego Foreclosure Attorney.

Contributor Level 8
  1. Chicago Tribune bankruptcy - repossessing equipment

    Answered about 5 years ago.

    1. Melissa Cari Marsh
    2. Dean Thompson Kirby Jr
    3. Kenneth Lewis Swenson
    3 lawyer answers

    In order to have a perfected purchase money security interest in goods sold, the seller must file a financing statement with the Secretary of State in the state in which the buyer is organized. In this case, I believe that this would have been Delaware. When a security interest has not been perfected, it can be avoided in bankruptcy. However, in order to avoid your security interest the Tribune Company would have to sue. Now that the Tribune Co. has filed its bankruptcy petition there...

    8 people marked this answer as helpful

  2. Can an Affirmative Defense unintentionally directly/indirectly admit parts of allegations as true?

    Answered over 2 years ago.

    1. Dean Thompson Kirby Jr
    2. Susan Kathryn Ashabraner
    3. Frank Wei-Hong Chen
    4. Gary D. Bollinger
    4 lawyer answers

    A defendant should not omit to plead any valid affirmative defense due to a concern that an admission of liability will result. A waiver could result from the failure to plead it. That being said, it is not good practice to allege facts in pleading an affirmative defense which constitute damaging admissions. It is not necessary to make any admissions in pleading a statute of limitations defense, which goes something like this: The Complaint, and each cause of action therein, is...

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  3. As a landlord, how can I practically and cost effectively collect a judgement from an unlawful detainer outcome?

    Answered 9 months ago.

    1. Dean Thompson Kirby Jr
    2. James Russell Cunningham
    3. Richard Scott Lysle
    3 lawyer answers

    There is no effective way to discover a judgment debtor's tax records in order to locate assets. These are confidential and not even subject to subpoena. Also, in the absence of perjury and fraud, someone with "$30-$50K in a financial instituion" would not want to file chapter 7 bankruptcy. Of course, if that money is on deposit in an IRA it would be exempt from execution to enforce your judgment and would even pass through a bankruptcy anyway. The primary tools available to collect a...

    3 lawyers agreed with this answer

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  4. I need to get Writ's of Execution for two different counties on amonetary family law judgment.

    Answered over 1 year ago.

    1. Dean Thompson Kirby Jr
    2. Edna Carroll Straus
    3. Martha Bronson
    3 lawyer answers

    A judgment creditor may request and receive a separate writ for each county in which a judgment debtor may have property. The reason is that writ of execution is authorization to the levying officer in a particular county (e.g., the Sheriff) to levy on property located in that county. The San Diego County Sheriff cannot, for example, levy on property located in Los Angeles County. Unless I am misunderstanding something, I think that the Clerk was incorrect.

    3 lawyers agreed with this answer

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  5. I am a judgement creditor and am preparing a "writ of execution"

    Answered about 2 years ago.

    1. Dean Thompson Kirby Jr
    2. Frank Wei-Hong Chen
    3. Susan Kathryn Ashabraner
    4. Michael Charles Doland
    4 lawyer answers

    A judgment debtor is "free" to move funds out of accounts if he thinks that a levy is coming. A collection attorney chasing a judgment debtor may send bank levies to several banks that are considered (based on location, past history, etc) likely. This kind of conduct is not completely without risk, however, In addition to the problems it creates with the judgment debtor's banking relationships (pointed out above), the Bankruptcy Code makes in possible to successfully object to a chapter...

    3 lawyers agreed with this answer

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  6. Can you file a lien against a future settlement with a stipulated judgement?

    Answered almost 2 years ago.

    1. Dean Thompson Kirby Jr
    2. Richard Scott Lysle
    3. Kevin Samuel Sullivan
    3 lawyer answers

    I assume for purposes of this question that: (i) you actually have a judgment, and just an agreement which allows you to take a judgment if future payments aren't made; and (ii) the "future settlement" is something that you anticipate may occur in a pending lawsuit in which your judgment debtor is a plaintiff or cross-complainant. If that is the situation, you can file California Judicial Council Form EJ185 (Notice of Lien) to create the lien. When you file, you should mail a copy of the...

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  7. In California, can a private party collect 10% interest plus accrued interest on an unpaid, unsecured promissory note from 1998?

    Answered about 2 years ago.

    1. Dean Thompson Kirby Jr
    2. Isileli Tupou Manaia Mataele
    3. Richard Scott Lysle
    3 lawyer answers

    Whether an action on a promissory note is barred by limitations can be a complex issue, and much is left out of the facts your provided. For example, under an installment note that has not been accelerated, limitations runs on each installment as it becomes due, and on the entire principal at maturity. The statute of limitations is six years as to a promissory note that is a negotiable instrument, 4 years otherwise. However, the running of limitations is tolled if, before limitations has...

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  8. How did I transfer a default judgment in amount of $7200 from San Diego to Seattle WA area? Will a collection lawyer there

    Answered 12 months ago.

    1. Antoinette Cara Liewen
    2. Kevin Samuel Sullivan
    3. Dean Thompson Kirby Jr
    4. James Cannon Huber
    5. Richard Scott Lysle
    5 lawyer answers

    It is more problematic to domesticate a default judgment in another state, because the judgment debtor, if he or she resides there, has the opportunity to challenge the judgment, raising issues like whether there was proper service, whether the California court had jurisdiction, etc. A Washington lawyer is needed and unfortunately, you are likely to have trouble finding one wlling to work on a contingent fee to pursue so "small" a matter. There is no lack of candidates on Google, of course,...

    2 lawyers agreed with this answer

  9. How to assign Promissory Note

    Answered over 5 years ago.

    1. Dean Thompson Kirby Jr
    1 lawyer answer

    Before paying any signficant amount of money for an assigment of this note, you should consult a lawyer. The following are some general issues as to which you may be concerned: 1) Is your friend willing to sign an agreement warranting that the note has not been modified, and stating what payments have already been made and what the balance of the note is? 2) Does the note bear interest at a legal (non-usurious) rate? 3) Has the maker of the note been discharged in bankruptcy? 4)...

    4 people marked this answer as helpful

  10. I need to collect from 2 parties from one money judgment. Do I file attachment motions for each or combine into one motion?

    Answered 9 months ago.

    1. Dean Thompson Kirby Jr
    2. Christopher Collison Lewi
    3. James Wade Schwitalla
    3 lawyer answers

    The previous response was perhaps a little abrupt, but I must say that every lawyer reading your question would have the same reaction. The reasons are: (i) it seems that the judgment might be collectable; and (ii) you do not seem to have a good enough understanding of the basic toolbox for collecting the judgment in what appears to be a complex situation. There are various potential reasons why you would, or would not, be "first in line for creditors." You can "attach the proceeds via a...

    1 lawyer agreed with this answer