Curtis Dean Colaw’s Answers

Curtis Dean Colaw

Modesto Commercial Real Estate Attorney.

Contributor Level 5
  1. What is the statute of limitation on billing for my services? How long does the client have to pay me?

    Answered 7 months 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...

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

    Answered over 1 year 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...

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

    Answered over 1 year 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...

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

    Answered over 1 year 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.

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

    Answered over 1 year 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.

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  6. 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 2 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...

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

    Answered 5 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...

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

    Answered 11 months 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.

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  9. I made a loan of $15,000 to a family member with no contract. Do I have any legal options to retrieve the loan back?

    Answered over 1 year ago.

    1. Theodore Michael Hankin
    2. Stephen Ross Cohen
    3. Michael Charles Doland
    4. Curtis Dean Colaw
    5. Steven D Siner
    5 lawyer answers

    You may have an enforcement issue because it may be that you never intended to make a legally binding agreement with your brother or his business partner. The informal nature of the loan as you described certainly evidences the same. That said, the previous answers are correct that there is a two (2) year statute of limitations on oral agreements in California. However, the two (2) years do not begin until there is a breach of the agreement; not necessarily from the date of the loan....

    2 lawyers agreed with this answer

  10. Sold a car without smog in CA now seller is suing me for the car and the repairs. What can i do?

    Answered 9 months ago.

    1. Curtis Dean Colaw
    2. Scott Richard Kaufman
    2 lawyer answers

    In California the Seller is responsible for the passing of smog. As per the CA DMV: When a used vehicle is sold in California, the seller is legally responsible for making sure that the vehicle's emission (smog) control equipment complies with state requirements. There is no provision in the law allowing a seller to sell a vehicle "as is." The buyer must submit the certificate of compliance (smog certificate) to the Department of Motor Vehicles (DMV) when transferring registration of the...

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