Curtis Dean Colaw’s Answers

Curtis Dean Colaw

Modesto Commercial Real Estate Attorney.

Contributor Level 6
  1. What is the statute of limitation on billing for my services? How long does the client have to pay me?

    Answered about 1 year ago.

    1. Curtis Dean Colaw
    2. Kevin Arnold Spainhour
    3. Seth Michael Goldberg
    4. Sol Peter Ajalat
    5. Gary Roger Waitzman
    5 lawyer answers

    Contrary to the opinions set forth above, the statute of limitations can be as long as four (4) years from the time the service was rendered or the last payment is made. If you kept an open book account or account in writing for the customer, the limitation period is four (4) years as per California Code of Civil Procedure section 337. That said, since your services were billed within the last year, there is no apparent statute of limitation issue. There are other "delayed payment" legal...

    Selected as best answer

  2. In California, does a Real Estate option contract have to be notarized in order to "file the option with a local County"?

    Answered almost 2 years ago.

    1. Curtis Dean Colaw
    2. Michael Raymond Daymude
    3. Andrew Endicott Schrafel
    3 lawyer answers

    To my knowledge, all real property documents which are to be recorded in California are required to be notarized. It makes no difference what Nevada law may be for those purposes. The following is general information related to documents to be recorded and comes, with slight modification, from Los Angeles County: The property must be located in the County . (CC1169) The document must be authorized or required by law to be recorded. (GC 27201) Signatures must be original unless the...

    Selected as best answer

  3. If a personal Guarantee is sign in another state can it be use in California court

    Answered almost 2 years ago.

    1. Curtis Dean Colaw
    2. Michael Charles Doland
    3. Thomas Logan Watters
    3 lawyer answers

    There is insufficient information to fully respond to this question. The personal guarantee may be enforced in California has sufficient minimum contacts over the guarantor or was to be performed in California. If the transaction has substantial connection to the State of California then there is a greater likelihood that the California court can be used for enforcement purposes. That said, the terms of the written guarantee need to be examined by legal counsel because many times the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Client is not paying the final invoice for delivered design services & products. What steps should I take to resolve the issue?

    Answered almost 2 years ago.

    1. Curtis Dean Colaw
    2. Douglas J Shumway
    3. Scott Richard Kaufman
    4. Edna Carroll Straus
    4 lawyer answers

    You should immediately contact a qualified debt collection attorney if the amount justifies the same. Otherwise, you should consider filing a small claims matter to collect what appears to be an undisputed debt. If you have not done so, you should also send a demand letter to the "client" requesting the amount be paid. Good luck.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  5. Is there a penalty for lying in a declaration in family law?

    Answered about 2 years ago.

    1. Curtis Dean Colaw
    2. Michael Christian Peterson
    3. Edna Carroll Straus
    4. Marcel Elaine Radomile
    4 lawyer answers

    California Penal Code section 118 provides that making false statements in a declaration can be prosecuted as a crime punishable by 2, 3 or 4 years. That process, however, requires a criminal prosecution. In a Family law matter, courts may exercise contempt powers if the Judge determines that intentionally false accusations have been made, or in the alternative many courts will sanction the offender through a costs or attorney's fees award against that party.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. Does my ex get child support while she lives in another county and not custody the children?

    Answered 5 months ago.

    1. Curtis Dean Colaw
    2. David Alexander Yomtov
    3. Tony Anthony
    3 lawyer answers

    With limited exceptions, a child support order continues until modified by the Court. That said, immediately file a Request for Order to modify child support if you have now "full custody". It is a simple process and you would be well served to find an attorney or at least a paralegal to help you prepare the pleadings. There is California case law which holds that you have equitably paid child support if you have full custody, but that leaves it up to a judge to decide and you must...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Do I need a lawyer to go with me for a support modification hearing? I had to request a continuance due to unfair treatment.

    Answered 8 months ago.

    1. Robert Lee Marshall
    2. Curtis Dean Colaw
    3. Judith Ann Routledge
    4. Jay Carl Stoegbauer
    5. Wail Sarieh
    5 lawyer answers

    As evidenced by your question, you probably need both legal advice and to have the attorney present at the hearing. You should obtain legal counsel if you don't fully understand the court pleadings, the process and/or procedures in court. An experienced family law attorney will know what you need to bring to court, how to approach the representative, and how to bring the matter before the Judge or Family Law Commissioner if there is a problem. He/She will also be able to obtain financial...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My divorce was final on March 17, 2014. My ex cashed in his 401K. Can I get half of that money?

    Answered 11 months ago.

    1. Edna Carroll Straus
    2. Steven Howell Marcus
    3. Laurie Peters
    4. Curtis Dean Colaw
    5. Judith Ann Routledge
    6. ···
    7 lawyer answers

    To the extent that the 401(k) plan was not divided, and was not taken care of in any marital settlement agreement or other court order related to that asset, California Family Code section 2556 provides that in a proceeding for dissolution of marriage the court has continuing jurisdiction to award community assets to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a post-judgment Request for Order to obtain adjudication of any community...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Are attorney(s)who conduct business as a sole proprietor exempt from filing a dba in the county where he/she conduct business.

    Answered over 1 year ago.

    1. Sean Patrick Lewis
    2. Albert Lee Crosner
    3. Dana Howard Shultz
    4. Curtis Dean Colaw
    4 lawyer answers

    A sole proprietor attorney who includes his/her full last name in the business name does not normally need to file file a fictitious business name statement. Lawyers fall under the same requirements as the general public related thereto and if the name of the business does not include the last name, or the name used may imply more than one owner, then yes a fictitious business name statement should normally be filed.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Divorce 401K question

    Answered about 1 month ago.

    1. Shazad Z Omar
    2. Curtis Dean Colaw
    3. Anton Lakshin Georghiou
    4. Marya Erin McFadden
    4 lawyer answers

    It depends. 401(k) contributions made after the date of separation or before the date of the marriage are the separate property of the party who contributed the same into the plan. The community property interest amount is measured by the amount contributed during the marriage. If the $20K you talk about was contributed during the marriage by your husband, that 20K amount is used plus any normal increases or fluctuations need to be added/subtracted to determine the community share. If he...

    2 lawyers agreed with this answer

We're ready to help. Contact us today.

209-549-0933