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Thomas Schaeffer’s Answers

522 total


  • How do I gwt my car back

    My ex tried to tade in a vehicle in my name. I want the car back. The dealership has the car. They say they can't get the keys. How do I demand my car back.

    Thomas’s Answer

    May I request a few more facts? If I understand you correctly, the dealership accepted a car from someone NOT on the title..

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  • Tenancy dispute, is it possible to counter sue? Also if we loose the case how many days will we have to vacate?

    Thank you and yes your answers have been very helpful. Since my last email I have received a SUMMONS (Citation Judicial) Unlawful Detainer - Eviction. I have responded to the court. I have also alerted the city about the property being an"illeg...

    Thomas’s Answer

    I agree with the previous answer. I'd add that, if it is an illegal dwelling, the landlord may be forced to refund all the rent you've paid for the entire time you've been there. Both claims (injury and LL/T) might be well handled by the same firm and help to eliminate confusion.

    The other party's offer, while a positive step (believe it or not), sounds like it is just a very small step up from their previous position... I highly recommend you speak to someone before talking with them further. At the very least they may help you to understand to best way forward.

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  • Do I still have to pay child support?

    I just filed FL-300 and FL-150 with the court to decrease my child support but my court date is not for another 2 months. Do I still have to pay the full amount of child support until the order is changed?

    Thomas’s Answer

    Yes. Pay the full amount until a judge says that it is okay for you to do otherwise. Staying on the judge's good side is half the battle.

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  • I was caught shoplifting at kohls and never received anything in the mail, should I be worried?

    I was caught a while back in February of this year for stealing a pair of earrings that cost no more than $20 (I think it was $10 but I'm not exactly sure). I was living in the dorms at the time and gave them the address, although I'm not sure if ...

    Thomas’s Answer

    As providing an incorrect address may have prevented you from getting your mail, I'd recommend checking your sheriff's website to see if you have a warrant and/or calling the courthouse to see if you have one. If you do have a warrant, contact an attorney in your area to help resolve the issue. Going forward, I'd avoid khols.

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  • Can my newly husband legally take ownership in a car that is registered to my mother?

    I recently married this guy that was only out to use me. I have found out that he is trying to take over my car that is registerd in my mothers name. He has also stolen money, tv's, stereo system, inherited silver items that belongs to my mother. ...

    Thomas’s Answer

    Call the police

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  • I have a holdover tenant who has not paid rent for June or July. I want to evict her, however, I also want to get back rent.

    Do I need to file an unlawful detainer action to evict and a small claims to recover back rent, or can I recover back rent in the UD. She was served with a 3-Day Notice to Pay in June.

    Thomas’s Answer

    I agree with the previous answers but would add a word of caution when handling UD's yourself. The system favors the tenant and any mistake on your part will delay the process. In addition, if the tenant moves out prior to the trial date, the case will either be dismissed or transferred to small claims or regular civil.

    Good luck

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  • Landlord is raising rent after making mandatory repairs in home.

    We have lived here for 5 years. In that time the landlord has neglected to make any repairs. We informed him 2 years ago that the lights in kitchen and bathroom had stopped working. He finally sent someone out last week. After coming in they said ...

    Thomas’s Answer

    Well, there are a bunch of things in your question that all would need to be addressed. The timing of the increase does seem dubious but landlords are generally able to raise rents with some limitations. It really sounds like there has been a long history of neglect and that you have notified him on several occasions to have things taken care of. I can't advise you do to anything which could result in you owing him $, but in CA tenants have multiple legal options in these situations including repair and deduct and/or rent withholding to force a landlord to make repairs.

    What ever you chose to do, I recommend sending him a certified letter putting him on formal notice and speaking to an attorney prior to taking action. He is not permitted to retaliate in any way and raising the rent yet again would indicate retaliation. Good luck

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  • I am the defendant in a restraining order battle due to stalking and would like to avoid jail

    i was caught stalking my ex by her family and went to the police to fill out paperwork. they didnt want to press charges at the time and was released to go home. before i show up for my hearing i would like to know if criminal charges can be filed

    Thomas’s Answer

    Agreed. They can file charges until the matter is closed or until it nears a trial date. And yes, stop admitting in public.

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  • How do i get a continuance for my deposition?...I cannot afford a lawyer and it is scheduled for this friday...

    I have been advised to have a lawyer at my deposition but i cannot afford one...but to ask for a continuance... how do i do that?...

    Thomas’s Answer

    Without more information regarding the case, it is impossible to give better advice but typically, you just need to call the attorneys involved and tell them you can't make it and agree to reschedule..

    Good luck

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  • Can a judgement against my wife attach to my credit report?

    My wife took out a loan prior to our marriage. Her Grandmother was a cosigner on the loan. Her Grandma passed away. Could a judgment against my wife affect and or attach to my credit?

    Thomas’s Answer

    It is outside of my specific knowledge but I don't believe so. No court or credit agency can attach one person's wrong to another's credit history. However, there are many instances where the two of you may apply for a joint line of credit and in that instance, her bad credit may impact your ability to borrow.

    good luck

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