David Sean Dufek’s Answers

David Sean Dufek

San Diego Debt Collection Attorney.

Contributor Level 6
  1. Form name and number

    Answered about 4 years ago.

    1. David Sean Dufek
    2. Pamela Koslyn
    2 lawyer answers

    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...

    Selected as best answer

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

    Answered about 4 years ago.

    1. Steven Alan Fink
    2. David Sean Dufek
    3. Robert Harlan Stempler
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  3. Charged for cleaning after 4 years

    Answered about 4 years ago.

    1. David Sean Dufek
    1 lawyer 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...

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

    Answered about 4 years ago.

    1. Pamela Koslyn
    2. Vincent A. Gorski
    3. David Sean Dufek
    3 lawyer answers

    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...

  5. NSF Bank fines caused by another

    Answered about 4 years ago.

    1. Elliott H Stone
    2. David Sean Dufek
    3. Pamela Koslyn
    3 lawyer answers

    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...

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

    Answered about 4 years ago.

    1. David Sean Dufek
    1 lawyer 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...

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

    Answered about 4 years ago.

    1. Jerry David Goldstein
    2. David Sean Dufek
    2 lawyer answers

    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...

  8. Action on Bench Warrant sought by Small Claims Plaintiff

    Answered about 4 years ago.

    1. K. C. Baran
    2. Mark Hankins
    3. David Sean Dufek
    3 lawyer answers

    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...