Matthew Edward Williamson's Answers

Take a lay off severance package when pregnant???

Talk in person with an employment attorney. They are going to want to know if you had a written or oral contract. If you are part of a union. How others are treated in your position. Are other people being laid off and what are they getting, etc. Good luck with your situation. Matthew Williamson

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What are the chances that the DA will pick up my domestic battery case and schedule either a hearing or trial date?

My advice, the squeaky wheel gets the grease. Call the DA's off, be proactive - call once a week until they decide or decline to file. If he gets an extension look at it as a so what situation. The judge usually continues the TRO so the restraining order is still in place until the hearing, so you still get what you want. Also, FYI, usually the professional process servers do a better faster job of serving - also keep an extra copy on you that can be served by anyone 18 or over that isn't...

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How does one respond to a summons?

It depends on the type of case/complaint served with the summons. The main type o response is to file an "answer", but there are many types of "answers" - judicial counsel answers, verified, non-verified - sometimes you may want to file a motion instead of an answer. What type of case is it - just a credit card company suing for a debt owed? An ex-partner suing for fraud, spouse suing for divorce? consider putting a little more information out there and you might be able to get more...

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Can a creditor garnish my wages twice for the same account

I agree with attorney Koslyn's answer and would add that you might want to look at the original court file and make sure the amount is right. Normally it's 10% interest plus fees and costs. Matthew Williamson

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Can I posibly do somehing to strike the plead of my wife and his attorney to stall the 2nd MSC? they also did not attend the 1st

It's rare for a judge to the strike the pleadings with this type of issue. What you need to show the judge is prejudice which you've explained, but another thing to fight, not strike, the continuance is when was the attorney hired. If I remember correctly from your last question it was continued before because the attorney was involved and didn't have the pleadings. So the attorney already got one continuance, so this would be a second. Make sure the judge understands that they...

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This person stole fifty five hundred dollars from me at my home,she is on ssi, i already know that she cannot be garnished,

Go to the police if you can prove she stole it, if it turns out they can show that the kids knowingly took stolen money they may be able to go after the kids. You can also bring a civil action if you can prove it as well. You might consier small claims because of the amount. The above is general information and not specific legal advice. Good luck with your situation. Matthew Williamson

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Are there rules dictating how child support funds can be used?

Sorry, I know this is a very common question. It may not be fair, but the answer is no - there are many policies behind it, but one of the main practical considerations is that the family law courts would be at a stand still because of the # of motions/cases/complaints that would be filed if they had to police how the funds were spent. Accept the fact that the receiver is allowed to spend it anyway they wish if you are the payor and if you are the receiver, please spend it in the overall...

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I have 60k in tax debt. 941-35k & 1040-25k combined. Where do I go for safe assistance?

Hello, These are 2 very different types of tax debts and strategies for dealing with them are very specific. I'm assuming because it's "941" debt, you either have, or had a business. Unfortunately there is no 100% safe way to find an attorney for this work. If you are still looking for help you are welcome to contact me after Jan 30 (I'm at my annual tax law update seminar). Also, check the state bar website www.calbar.org to make sure there are no complaints against the attorney you...

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Domestic Violence issue

I agree with Attorney Marshall and would add that on a practical level is this the relationship you wish to have and continue having? I can't tell you the # of my clients that stay in this type of situation and end up doing a lot of time in jail, whether their fault or not. Good luck with your situation. Matthew Williamson

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Is it possible to move to strike a person's testimony, what is the process

Nothing you can really do to strike. Here is something that most people have heard, but never really appreciate...people decide with emotion and justify with logic. Why move to strike - how does the testimony actually hurt you - doesn't it admit that she won't do what needs to be done and that she doesn't care about the legal issues - doesn't that give you the upper hand? Good luck in the situation, the above is general information and not advice since I have seen the pleadings....

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