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David Dufek’s Answers

8 total

  • Can a employer with hold a paycheck if employe owes money for a repair done to there car

    employe asked for repairs on his car and ahs been fired and now refuse to pay bill ,we have his final paycheck

    David’s Answer

    In California, withholding an employees paycheck to pay for car repairs performed by the employer, without something in writing in advance allowing for same, would be a violation of the labor code regarding prompt payment of wages upon termination of employees. I would check your state's labor code for guidance.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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  • Form name and number

    I found the form Request for Entry for Default - CIV 100; but can't find the Request for Default Judgment form. Also, do I file both at the same time; or what is the timing for each?

    David’s Answer

    • Selected as best answer

    In California, a request for default and a default judgment are two different things. A defendant can be defaulted without a judgment being entered. For example, if there are two or more defendants and only one answers to the summons, the plaintiff can then default the non-responding defendant while still litigating against the answering defendant.

    You can use the same form for both request for entry of default and entry of default judgment if you are eligible for default judgment and the defendant has not previously been defaulted. One advantage to requesting a default prior to submitting a default judgment package is it allows you additional time to get your judgment in, without allowing the defendant additional time to respond.

    Until a defendant is defaulted, that defendant has an opportunity to appear in response to a summons, so it is good practice to submit your request for default as soon as you can, even if you are not ready to seek a default judgment against the defendant.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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  • I would like to know if i can place a lien on furniture i installed and didnt get paid for it

    some store display furniture was ordered from us by a contractor, we assembled, and installed them, than didnt get paid in full, store owner claims he paid the contractor we are in ny store is in nj, is there a way to put a mechanics lien or any...

    David’s Answer

    For this one, I would suggest you contact a lawyer in your area.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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  • What's the chance a creditor suing over a charged off debt?

    I recieved a letter in the mail after doing a credit check on myself that came from a creditor saying this was my last chance to settle the debt before they sue me. What's the chance of them suing me and if they do sue me what should I be careful ...

    David’s Answer

    The chances that they will sue you depend on many variables unique to the client and attorney. However, the chances that they will have the RIGHT to sue you are pretty straighforward. This depends on a) was the car repossessed or not? If repossessed, was it sold at auction? If sold at auction, the date of payment of the proceeds of the auction is the date the statute of limitations begins.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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  • Action on Bench Warrant sought by Small Claims Plaintiff

    In April, 2009, I had a small logging outfit remove some trees from my in-law's property. A contract was made out and signed, a down-payment made, with the balance to be paid upon completion. The job was done to everyone's satisfaction, but the ...

    David’s Answer

    In California, one possible way of enforcing that judgment, considering that the work was done on real property, would be a real property levy. This means that the property would be sold by the Sheriffs at auction, and you would be paid. I don't know if MI has the same laws, but I would check.

    Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a legal problem without a comprehensive consultation and a review of all facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Charged for cleaning after 4 years

    can I be charged $748 over my $500 deposit? My kids drew on the walls with crayon, I dropped some coffee once, and we left some tubs with stuff we could not fit in the truck. I admit we did not vacuum. So we are ok with them keeping the $500 depos...

    David’s Answer

    A deposit is allowed for the purpose of cleaning and repair of the premises after moveout. If the landlord has given you an accounting of the money they spent from the deposit, and the cleaning (and removal of tubs that would not fit in the truck would probably be considered cleaning) and repair ("repair" deals with damages that would be considered outside of "normal wear and tear"), then the landlord has a right to retain your deposit, and charge you what the cost is over and above the deposit. The dispute usually comes down to what constitutes "normal wear and tear". Vacuuming is a legitimate charge, unless the landlord rented it to you un-vacuumed (you do have your move in checklist, right?). Drawing on the walls would not be considered normal wear and tear, resulting in a charge for painting the interior. You spilled coffee; that would justify a clean-up of the flooring.

    Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a legal problem without a comprehensive consultation and a review of all facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Is this Legal? These people (Legal recovery Law Offices of mark Walsh) sent me, what looks like a court doc, trying to sue me.

    I printed my credit report because I found out I have a judgment on my credit report from 06 for $ 8,696.00...I never got served nor did they ever send me any letters. Now this firm is sending me what looks like a court order with no court da...

    David’s Answer

    Your post indicates that you agree that you owed the money at one point. You might want to contact the Legal recovery Law Offices of Mark Walsh, and discuss options with them as well. There is probably a phone # on the legal papers, maybe even a toll-free 800 number.

    Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a legal problem without a comprehensive consultation and a review of all facts and documents at issue. This answer does not create an attorney-client relationship.

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  • NSF Bank fines caused by another

    I asked a recruiter for an association to cancel my check, but he cashed it anyway against my wishes, this caused several checks to bounce, with a stiff $35 penalty each. They later refunded my check to them but refuse to reimburse me on any of th...

    David’s Answer

    The $105 was due to your agreement with the bank, which (apparently) provides for a $35 penalty each time a check is presented for payment against your account, when there are insufficient funds in the account to cover the check presented. Would you expect a vendor to pay your returned check fee if they presented a check for payment, and you had failed to deposit your paycheck in time to cover the check? Same situation. Unless you a) get free overdraft protection b) notify the bank in time to "stop payment" on checks when there are insufficient funds to cover it, or c) don't give anyone checks when you don't have sufficient funds in the bank to cover the checks, you will continue to pay these $35 fees. Harsh, but unfortunately, a bank is only going to process the checks (and charge you money) when you write checks against insufficient funds.
    "Nothing in this communication should be interpreted as establishing an attorney/client relationship; this information is offered for general purposes and should not be taken as any type of guarantee, warranty or prediction regarding the outcome of your legal matter."

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