Mitchell Reed Sussman’s Answers

Mitchell Reed Sussman

Palm Springs Litigation Lawyer.

Contributor Level 14
  1. Can I void a settlement agreement when defendant doesn't pay? Can I go after wife in a separate action?

    Answered over 2 years ago.

    1. Mitchell Reed Sussman
    2. Frank Wei-Hong Chen
    3. Pamela Koslyn
    3 lawyer answers

    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. CA, Can I be responsible for a car lease default deficiency if the car lease was claimed on the original lessee's bankruptcy?

    Answered over 4 years ago.

    1. Mitchell Reed Sussman
    2. Robert Harlan Stempler
    2 lawyer answers

    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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  3. How can I stop a collection agency from calling me?

    Answered over 5 years ago.

    1. Mitchell Reed Sussman
    2. Guy Piers Coburn
    2 lawyer answers

    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.

    6 people marked this answer as helpful

  4. My elderly mother owns a timeshare she doesn't use. I have POA and would like to transfer ownership to my name. How to do it?

    Answered about 2 months ago.

    1. Mitchell Reed Sussman
    2. Kevin Arnold Spainhour
    2 lawyer answers

    First of all, so long as you have either a general power of attorney that covers real estate or a special power of attorney for this purpose, you will be able to handle this transaction. Secondly, while it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non - cancellable. This misconception is perpetuated by timeshare companies and...

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  5. If tenant only had verbal agreement with previous landlord, can tenant claim previous rights with former landlord?

    Answered over 3 years ago.

    1. Mitchell Reed Sussman
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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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  6. He wants the documents.

    Answered almost 2 years ago.

    1. Mitchell Reed Sussman
    2. Bradford Charles Brereton
    2 lawyer answers

    This is a family matter, not a legal question. With that said, typically an escrow does this work. However, in your case if you are worried about your brother you as the grantee should do the recording.

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  7. I have title of property thru divorce. Ex-spouse still on 2 mortgages. Mortgages in Ch. 7 Bankruptcy. Title reverts to ex?

    Answered over 4 years ago.

    1. Mitchell Reed Sussman
    2. Jeffrey Daniel Larkin
    3. Stanley Duane Lockhart
    4 lawyer answers

    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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  8. What is the difference?

    Answered almost 2 years ago.

    1. Mitchell Reed Sussman
    2. Frank Wei-Hong Chen
    2 lawyer answers

    It matter for purpose of tax treatment.

    2 lawyers agreed with this answer

  9. I filed chapter 13 in 2004. It was discharged ijn 2007. When can I file for 7 or 13 again?

    Answered over 3 years ago.

    1. Mitchell Reed Sussman
    2. Frank Wei-Hong Chen
    3. Kevin Kennedy Gipson
    3 lawyer answers

    You should be A-ok.......plenty of time has elapsed.

    2 lawyers agreed with this answer

  10. When dividing assets in a divorce, are taxes taken into consideration? Or is it face value??

    Answered almost 2 years ago.

    1. Mitchell Reed Sussman
    2. John Noah Kitta
    2 lawyer answers

    Unfortunately, tax implications are but one of the many factors that the court takes into account when making an asset division.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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