Myava R. Escamilla’s Answers

Myava R. Escamilla

Orange Bankruptcy Attorney.

Contributor Level 10
  1. My husband is abusive but i cant prove it. will the courts except written journals of past and present incidents

    Answered 11 months ago.

    1. Myava R. Escamilla
    2. Harris Justin Brumer
    3. Edna Carroll Straus
    4. Richard H Wilson
    5. Robert Andrew Michael Burns
    5 lawyer answers

    Check out the national DV hotline for some resources in your area. http://www.thehotline.org/ They can help you safety plan, which can be a really important first step. If you were in my area, I would also suggest Laura's House hotline and shelter. It is still possible to contact them. You may just want to change counties entirely. And if there are no custody orders, you can move with any kids especially to remove them from danger. The prior response is correct: seriously consider shelter....

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  2. How can I have a restraining order removed?

    Answered 11 months ago.

    1. Peter John Marek
    2. Myava R. Escamilla
    3. Mordechai David Pelta
    3 lawyer answers

    It is possible. As a prior response indicates, you have to work with both the DA as well as his attorney (not sure if he has the PD or private counsel) and put that motion before the judge. A word of caution however: whether he was convicted at trial or whether he plead to the charges, he incurred a felony DV. Was it the first time? Do you want it to be the last? Perhaps the best thing to first ask yourself: is it in my best interest to release this restraining order? Who else puts YOUR...

    4 lawyers agreed with this answer

  3. I need to file Bankruptcy. I met with a lawyer and he said I did not qualify. I make $25,000 monthly in wages, My home loan

    Answered 11 months ago.

    1. Jason Blair Toon
    2. Edward Thomas Weber
    3. Myava R. Escamilla
    4. James Liu
    5. Scott Benjamin Riddle
    5 lawyer answers

    On first blush, yes it appears that you may be stuck with a Ch. 11, which is costly and really does requires specialized counsel. On the other hand, you mention some facts which potentially could make a Ch. 7 feasible. Many practitioners forget, for example, that business bankruptcies do not have means tests. So if your debt is substantially created by operation of a business, you should probably file a personal bankruptcy that is primarily business related. And thus the means test doesn't...

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  4. How to change to the divorce by agreement in the mid of legal procedure?

    Answered over 3 years ago.

    1. Myava R. Escamilla
    2. James Vincent Sansone
    3. Paul E Knost
    3 lawyer answers

    There is nothing that prevents you and your wife from reaching a private agreement. I would suggest writing up a 'marital settlement agreement' both signing and dating it and then presenting it to her attorney for preparation of a formal judgment. You can also do a formal judgment yourself and many local courts have self-help centers where you can sign up for assistances or even a class. You can then both sign it, have her attorney either sign it or substitute off the case and file it with...

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  5. Can I collect on a personal loan to my ex-wife in the amount of $23,000 that was made 13 years ago?

    Answered 11 months ago.

    1. Richard Scott Lysle
    2. Kevin Samuel Sullivan
    3. Myava R. Escamilla
    4. Michael Glynn Busby Jr.
    5. Kevin H. Pate
    5 lawyer answers

    Based on these facts, yes it would seem that you can collect. If the loan was after your dissolution, not part of the marriage in any way, I'd suggest filing in civil court rather than family court. If your contract provided for attorneys fees in the event if default, you may want to file in unlimited. I'm not sure if your contract provided for a forum state. Sounds like it perhaps should be filed in CA; however, if you file in TX & personally serve her, she might not object to personal...

    2 lawyers agreed with this answer

  6. How much proof do i need to get a restraining order and move out order?

    Answered about 4 years ago.

    1. Myava R. Escamilla
    2. Jesus L Zuniga
    3. Evelyn Ann Cox
    3 lawyer answers

    You should be able to get him removed from the house with those facts. When you do the restraining order, the most important portion is your declaration. Describe not only this incident, but any previous incidents. Focus on facts that show 'control' and 'domination.' Describe the events with some detail. For example, you say he slashed my tires and destroyed your clothes - did he take a knife out to slash the tires? What did he use to cut the clothing? A knife, scissors? Was he...

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  7. Criminal Protective Order-Domestic Violence against my Ex-Husband filed in 2011 modified in 2012. He has my property.

    Answered 11 months ago.

    1. Myava R. Escamilla
    2. Stephen Ross Cohen
    3. Peter John Marek
    3 lawyer answers

    If you only have a criminal protective order, that will not cover community property issues. There is technically not a court order in effect preventing him from disposing of property. One thing to consider is filing for divorce or legal separation and having him served personally. The self help center in your local family court can help. There is a fee waiver so you can potentially have the filing fee waiver or be able to pay in installments. After personally serving him, ATROs would be in...

    1 lawyer agreed with this answer

  8. Can my wife, while we are still married, move my son to AZ, where she has family, without my consent?

    Answered 11 months ago.

    1. Joseph Torri
    2. Myava R. Escamilla
    3. Stephen Ross Cohen
    3 lawyer answers

    The above answer accurately points out that without the dissolution or legal separation bring filed, she is technically under no orders. You need -really do not delay - to go to your family law courthouse Monday and file for either dissolution or separation. If you don't have money, you can file a fee waiver that will either waive the filing fee entirely or allow you to pay in installments. After filing, have her personally served by someone over 18 and file the proof of service. The UCCJEA...

    1 lawyer agreed with this answer

  9. Does it make sense to sue a Chapter 13 creditor for violation of stay?

    Answered over 3 years ago.

    1. David Giller
    2. Myava R. Escamilla
    3. Malcolm Wallace Ruthven
    3 lawyer answers

    The most important issue is how much are your actual damages (i.e. out of pocket - money loss?) Your general damages (emotional distress) and punitive damgages will depend, in part, on how much the creditors actions in violation of the stay caused you actual monetary damages. For better or worse, lots of actions are violations of law but it does not necessarily mean you have a good case. Actual Damages are an important part that cannot be overlooked. No, it would not be part of the...

    1 person marked this answer as helpful

  10. How can I get a clets order on my ex husband if its currently a non clets?

    Answered over 3 years ago.

    1. Myava R. Escamilla
    1 lawyer answer

    I think this depends on the nature and frequency of the contacts. For example, when he contacts you is it over the phone, email or is he showing up at places you are? What is he doing or saying when he violates the court order? For example, calling and asking about where a custody exchange is going to take place, or to let you know he needs to reschedule is going to be viewed very differently from demands to drop the non-clets, threatening you with various allegations, etc. It can be a fine...

    1 person marked this answer as helpful