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Vincent A. Gorski
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Vincent Gorski’s Answers

120 total


  • Proper procedures to serve a response to request for order.

    Am I required to serve an endorsed copy of a response to request for order in family court? In other words, is it still proper service if I serve an unendorsed copy of the response to request for order? Do I file the proof of service of ...

    Vincent’s Answer

    I agree with Mr. Gould-Saltman. You bring up a question that frequently causes confusion for individuals representing themselves.

    You do not need to serve an endorsed copy of a Response to a Request for Order. This is different than the requirements for the Request for Order. If you are serving the Request for Order, you do need to serve an endorsed copy but a response only requires service of a copy that you are going to file with the Court.

    Mr. Gould-Saltman is also correct regarding the proof of service. However, some courts require you to file the proof of service stapled to the response to the request for order as part of their local practice. You should check with your clerk's office to see if there is a preference or requirement regarding the proof of service. Another common mistake with service is that a non-party over the age of 18 has to complete the service.

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  • Is it worth filing for Quiet Title in California on securitized mortgage after Chapter 7 discharge?

    Received Chapter 7 discharge in Sept. of '08. 1st mortgage and HELOC were part of BK. No liability for the mortgages remain. Only the two liens remain on house. Bank has never filed a Notice of Default. 1st mortgage was securitized. Wonderin...

    Vincent’s Answer

    The bank has a valid lien. You will not get it removed. The above answers are correct.

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  • Filed a chap 7 yesterday and I left off a few creditors is cover sheet, new schedule f and new list of creditor all I need

    to add additional creditors do I file cover sheet of amendments, list of additional creditors, and new schedule f? Do I or court notify creditors added

    Vincent’s Answer

    Eric is correct. Go to the court's website and look for local forms. Your case is filed in the eastern district of California. Yes, you need the cover sheet. You also need to provide an additional creditor matrix of the new creditors.

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  • Had a stay from BK got a lock out from sherriff and they came anyway drilled the door and said the stay is not for tenants???

    Had a writ and the Sherriff posted on the door to be out sent the Sherriff my stay and proof of service but they came anyway broke in and said his sergeant said do it the stay is not for tenants. What can be done?? Please I'm homeless. Also I was ...

    Vincent’s Answer

    Unfortunately you have a very bad set of facts. You may have a claim for violation of the automatic stay but it is an uphill and costly battle.

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  • I have a medical bill & i can not pay it all at once.I have left messages to make payment & the place does not return my calls

    I am a college student ,what can i do, i have good credit and do not want this to affeft my credit.

    Vincent’s Answer

    Ms. Bunce's answer is right on the money. The old saying, "cash is king" holds true in circumstances like this where you are trying to make payment arrangements. Give them something as a token and good faith gesture that you will pay.

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  • I am being sued over a credit card debt.

    I got behind on my bills for a very long time, and am just now getting on my feet. I have every intention of paying this, but need to know the best way to go about settling this without the court case.

    Vincent’s Answer

    Contact the creditor/collection agency and make attempts to negotiate the debt. You should plan on them being very aggressive and not too interested in working with you. Nonetheless, if you "paint" a good picture of your finances and explain what and when you can pay, you may make some headway.

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  • Ambulance bill for my 2yr. old daughter went to collection. What's going to happen?

    My daughter recently went to ER on an ambulance without insurance. We got a bill for almost $1,500 just for the ambulance alone from LA Fire Dept. under "to the parents of "xxx" title. Then I submitted financial hardship form with documents but go...

    Vincent’s Answer

    In California, parents are responsible for the medical bills of their children until the child reaches the age of majority. While no one can predict exactly what will happen, it is likely that the collection agency will continue to take an aggressive stance to collect on the money owed. My recommendation is that you work some type of arrangement with the collection agency for payments or partial settlement of the claim. Yes, you can negotiate the bill with the collection agency.

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  • Sold my 1985 blazer to a friend, he has not finished paying me. Its been 3 months since last payment. He has 400 dollars to go.

    Sold it to him on July, 13 2012. he gave me 200 hundred cash. Then on October,2,2012 he sent me 100 dollars. No more payments since then

    Vincent’s Answer

    I am not exactly sure of what you are asking. If you are asking what remedies you have, you can file a small claims action to collect the money.

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  • Can child support start wage garnishment while in Chapter 7?

    I recently converted my Chapter 13 to a Chapter 7 due to loss of income. My Chapter 7 is still open, but I received a notice of wage garnishment from child support. They say that they are not subject to the automatic stay in a Chapter 7. Is this t...

    Vincent’s Answer

    Mr. Waters is correct. Contact the local child support agency to see if there is something you can work out with them regarding the arrears. Nonetheless, if you do not make an arrangement, the agency can collect even if the automatic stay is in place.

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  • I recieved a shady collection agency notice and am not sure how to procede.

    I recieved a notice that I owe Sprint $378 and could send $75 and the account would be settled in full. I called Sprint who said they knew nothing of the charges. I called the collection agency who said it was a bill from 1998-2000 from Eugene, O...

    Vincent’s Answer

    Ms. Sinclair is right on the money! Since the FDCPA contains an attorneys' fee provision, you might be able to find a lawyer that will take the case. The statutory damage award under the FDCPA is nothing substantial but commencing the suit will send the message to Sprint that you are not playing games.

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