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Joshua Garth Genser

Joshua Genser’s Answers

5 total

  • Take son-in-law to small claims court. Do courts rule regardless of relative status? Do I file again in NY state if he moves?

    I have a deadbeat son-in-law, legal alien. We wrote a contract for money loaned to help him fund is legal status change. It was signed by daughter & him. (no witnesses). Payment was due 6/2008. Also, we got an oral promise to pay back $ loaned to ...

    Joshua’s Answer

    The fact that the debtor is a relative has no legal significance. Small claims court, however, is informal, and sometimes legally irrelevant matters are taken into account. Nevertheless, if he signed the promise to pay, there's no reason to expect that the court would not hold him liable. After you get a judgment against him you'll have to execute on it wherever he has assets. If that's in another state, you'll have to get your judgment entered as a sister state judgment in that other state, then execute there.

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  • I,am renting a storage unit and thye let some one in that was not on the contrack can i hold them responsible ?

    so i,am renting a storage unit and they let some one in my unit who was not alowded in. this person then took thousends of dollers of stuff from me so my question to you is can i hold them responsible for this as i am having a hard time getting my...

    Joshua’s Answer

    If, indeed, the management of the storage facility permitted an unauthorized person to enter your space and steal from you, the management ought to be liable to you for your losses. However, your rights might be modified by your contract with the storage facility management, so you should consult with an attorney.

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  • What are my rights if the landlord passed away

    what are my rights as a tenant and what can i do if the family wants to just start taking over and there is no will. I am to assume probate is whats goin to happen.

    Joshua’s Answer

    Your rights as a tenant don't change just because the landlord passed away. Only the identity of the landlord has changed.

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  • Help with language or case law to cite in filing demurrer.

    I was recently sued by FIA cardservices for allegedly guaranteeing a corporate credit card. They did NOT provide any agreement, guarantee, or other document with my signature. (Not even original application from company applying for car. Nothing s...

    Joshua’s Answer

    It is not required that there be attached to the Complaint copies of the written documents upon which the plaintiff's claim may be based. It is probably sufficient that the Complaint alleges the existence of a such written document or agreement in which you gave such a guaranty. If the Complaint contains such an allegation, your demurrer would not be well taken and you might as well save the effort.

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  • How to move case from Unlimited to Limited in California Civil

    Plaintiff is suing for $14,000. Filed in Unlimited. When I asked, they responded that they expect to spend over $10,000 in attorney's fees which they want as well, and will subsequently be over the limit for Limited. I would prefer to have th...

    Joshua’s Answer

    Attorney's fees don't count when calculating whether the case falls within limited jurisdiction. Thus, your case belongs in limited jurisdiction regardless of the amount of attorneys' fees they hope to recover. Just make a basic motion pointing out that the demand is for well under the limit for limited jurisdiction cases. Judges love to clear their dockets by sending cases to limited jurisdiction, so it will probably be granted.

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