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Mitchell Reed Sussman's Answers
Contributor Level 14
- 441 Legal Answers
- 23 Legal Guides
3
Attorney answers:
Can I void a settlement agreement when defendant doesn't pay? Can I go after wife in a separate action?
The answer to this question depends upon whether the settlement was made on the record. If it was and you have a final judgment based on the settlement, then the case is over and cannot be refiled. More likely, however, the settlement does NOT appear on the record. In this instance, the case should have been dismissed WITHOUT PREJUDICE. If in fact the case was dismissed WITHOUT PREJUDICE, you can refile for more $$ and also against the wife.
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2
Attorney answers:
CA, Can I be responsible for a car lease default deficiency if the car lease was claimed on the original lessee's bankruptcy?
The answer to this question is dependent upon whether your wife assumed the car loan. If she did, then she would owe the deficiency. If not, the lender would have no legal right to sue for a deficiency.
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2
Attorney answers:
How can I stop a collection agency from calling me?
A collection agency can not engage in tactics that violate California's Fair Debt Collection Practices Act. Including harassing phone calls like the ones you describe. You should retain counsel and have your counsel send a "cease and desist" letter to the collection agency. Once done, the agency must communicate with the attorney directly. Any deviation from this is actionable and you may receive damages, attorney fees and a restraining order preventing such further calls.
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2
Attorney answers:
If tenant only had verbal agreement with previous landlord, can tenant claim previous rights with former landlord?
Your written agreement with the language you referenced will supersede the prior verbal agreement. Prior work done by the tenant can stay as it is, unless you agreed to put the unit back to its original condition.
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4
Attorney answers:
I have title of property thru divorce. Ex-spouse still on 2 mortgages. Mortgages in Ch. 7 Bankruptcy. Title reverts to ex?
The way you explain it he has no title, but he does have debt. Unless the lender's agreed to remove him from the loan. Change of title does not relieve a borrower, unless the lender agrees to a full assumption by the new owner.
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2
Attorney answers:
My condo has mold for 30 days. Can I ask the landlord for part of the rent? How about hotel & meal expenses during remediation?
If the landlord is asking you to move out you should receive compensation for substitute quarters.
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2
Attorney answers:
Can you please give some advice in regards to a probate matter?
If you have a claim against the estate, the proper procedure is to file a claim with the probate court.
1 lawyer agreed with this answer
3
Attorney answers:
In CA, if I "surrender" my home in a bankruptcy, do they still foreclose?
You should pose this question to your bankruptcy attorney. He can give you more detail based upon the specific timing of your NOD. Generally, however, a BK will stay the foreclosure until a motion for relief from stay is filed. Once it is filed, the BK court will make an order granting the lender the right to continue the foreclosure.
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3
Attorney answers:
What are possible consequences if I can't pay off a lawsuit judgment issued in CA small claims court
The plea will fall on deaf ears. But you will not be arrested. There is no such thing as a debtor's prison. You should tell the court that you can pay something, anything. Even if it is a small amount per month.
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3
Attorney answers:
A friend of mine wants to transfer a homestead property that her and her mom owns into a single living trust.
Yes, a single quitclaim can do the job.
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