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Eric Darnell Anderson
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Eric Anderson’s Answers

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  • Can I file charges for harassment?

    A man I slept with once keeps sending me sexually explicit text messages even though I've expressed my disinterest and have asked him to stop contacting me. I no longer respond to his messages, but he doesn't stop. Can I file charges against him f...

    Eric’s Answer

    There are two types of harassment you are considering here. Civil and Criminal. Under California CCCP Sec. 527 ,a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction prohibiting harassment as provided in this section.

    The law goes on to define "Harassment" in many ways including," a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." Having expressed no desire to have any further contact with this man, you should be able to obtain a restraining order. You can apply for one at most local courthouses via the clerk's office or through a Victim Support Services program at the DA's office.

    Once the order is issued, you must serve the restrained party with notice and a copy of the order. Fortunately, you do not have to do that yourself. Once he is served he can ask for a hearing to have the order lifted or he can merely accept it. Should he attempt to contact you in any way or manner after that, then he is subject to being charged with the violation of a court order.

    You can certainly ask your phone company to block his number as well.

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  • What are my legal rights as far as forcing them to pay me what was agreed upon?

    I started working for a company and turned in a loan. This loan was closed and I was paid less then half my signed comp plan.

    Eric’s Answer

    If I understand the scenario correctly you worked for a loan company and as part of your service to the company you were to receive a certain payment for the successful closing of a loan. In this case, the loan closed and you were not given your agreed upon compensation.

    Gather all of the documents related to your employment including the compensation package, any emails or letters that lay out the agreement and all information related to the loan. Then contact an attorney and discuss the matter with your attorney. This might be solved with a simple letter without an all out war being declared. Then again, it may not. Proceed with diligence and expediency but also with caution.

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  • Employment contract and union contract

    I was on pain meds and was not told the whole truth. Someone else amended my contract without my approval. Date of birth and company name and has other writtings at the bottom. Is there a california law that makes that contract uninforcable

    Eric’s Answer

    It is unclear from the statement which contract you are referring to. Is it your employment contract or is it a union contract? Do not answer here. Instead, seek assistance from either your union rep or an employment lawyer.

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  • I am on a small community water system an after 10 years they want to make disconnect it from the water system.

    the by laws state one house for water right. this house was built an eventually excepted until my divorce. I paid an extra 20 thousand to my ex for this. My son an grand daughter now live in it.

    Eric’s Answer

    Is there a question? It is unclear not only what the circumstances are but also what the inquiry is about.

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  • Can a sole owner of a Nevada LLC represent himself and the LLC (Pro Per) in a California Civil Court limited jurisdiction?

    I am sole owner of a Nevada LLC. I entered into a contract and signed a personal guarantee. A civil suit has been filed to enforce the contract. The LLC is named as a Defendant as well as myself. I know I can file an Answer for myself. Can I ...

    Eric’s Answer

    Not only can you not answer, it would be folly for you to do so. Because the LLC is a separate legal entity, it has its own interests. Even though you are the sole owner, it is not to be treated as your piggy bank and mere alter ego. Take the time to seek counsel who handle such matters and can represent the interests of the LLC. Counsel may even be able to represent you both under certain conditions.

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  • It's the Grace period something legal?

    How many days do I have of grace period after the date that I have to pay my rent, in my contract says that is 5 days after, but my landlord crossed the 5 with a marker and put ''0'' days in front of it, is it legal what he did?

    Eric’s Answer

    I agree with my brethren. Though some landlords offer a "grace period", there is no legal requirement that they provide one. There is also nothing that forbids them from offering a penalty for a payment made during that period. The alleged trade-off is that you can pay late, avoiding the eviction process ,but you pay the landlord for that privilege every time it happens.

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  • Was it illegal for the car company to take out a loan in my name without me signing any documents to that loan company

    I recently purchased a car and took a loan out. After being approved by the loan company i was contacted about three weeks later saying i was denied due to not having an updated identification card then i come to find out the car company took out ...

    Eric’s Answer

    I will agree with Mr. Stempler. It is imperative that you seek legal help and get a clarification as to whether his was a new loan or whether your original loan was sold to another company. The latter is not illegal, provided there was no provision preventing it.

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  • Arrested for missing court date for felony charge of controlled substance and misdemeanor shoplifting. on informal probation

    for misdemeanor vandalism. just curios what the outcome might be

    Eric’s Answer

    I have to echo the sentiments of the first two attorneys. Missing court dates is never a good idea. Even if you are fearful you would have been arrested had you gone, the court would take that as a good reason to lock you up now.

    It is also important to remember that probation, even informal probation, is not a free ride. The state still has some measure of control over you and you must be aware of that when considering your conduct. You absolutely should speak with an attorney regarding this because an attorney will be able to look at the underlying offense, the new offense and any extenuating circumstances.

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  • Is there anything I can do to prevent visitation?

    My custody judgement gave me sole physical custody and joint legal custody. My ex has been MIA since January 2012. No support, no phone calls, no letters, nothing! He recently called and had asked to see my children. I have no idea where he has be...

    Eric’s Answer

    Keep in mind that parent-child visitation is not just the right of a parent but the right of the child as well. With that said, there are a few questions to consider. Was there a parenting agreement that involved visitation? When was it created? Was it abided by? These are all relevant questions. Just as are your questions regarding where the devil your former spouse has been for the last two years.

    Certainly, you have to take the interest of the child into account. Under some circumstances, it may be best to not allow any unsupervised visits (or any visits) if the safety and care of the child might be an issue. You should contact a lawyer to whom you can speak openly and freely (here is not the place) to go over all pertinent agreements and documents and to discuss what can be done to ensure the safety and well-being of your children.

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  • I am being sued by the co-signer/registered owner of my car that I have been making payments on.

    Last year a family member offered to co-sign on a car loan so that I could have a more dependable mode of transportation. I wasn't really for it but I needed a way to get around and it was a very nice car. I have made the payment past the 30 day l...

    Eric’s Answer

    I agree with Mr. Kauffman. Let me add a few other notes.

    Keep in mind that if you do not make payments, the co-signer is liable for the loan payments up to the full amount of the loan. Late payments impact the co-signers credit rating as well. If there was an agreement between the two of you that you would be making payments in a timely manner and you are know in technical breach, in order to protect their own credit rating, the co-signer may have had to make payments and may now seek compensation from you.

    It is best to do all you can to either pay on time or sell the car and remove the exposure for the co-signer.

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