Mark William Storm’s Answers

Mark William Storm

Contributor Level 8
  1. Can I sue for wrongfully ruining my credit score?

    Answered over 4 years ago.

    1. Robert Harlan Stempler
    2. Mark William Storm
    2 lawyer answers

    You might look at theories under the state and federal fair debt collections practices act, the fair credit reporting act, defamation of credit, unfair business practices, negligence, etc. You may want to dispute it all thoroughly in writing to everybody under the sun (e.g., original creditor, debt collector, credit reporting agencies, etc.) by certified mail return receipt requested, laying out your argument. There are experts who calculate damages based upon credit damage. This post...

    2 people marked this answer as helpful

  2. I received in the mail from an attorney that they filed with the Superior Court an Entry of Default but was not served.

    Answered over 4 years ago.

    1. Mark William Storm
    2. Kenny Kean Tan
    3. Pamela Koslyn
    4. Shalem Shem-Tov
    5 lawyer answers

    A defendant can ask for an agreement (stipulation and order) from the plaintiff to set aside the default, allowing you to answer. If they won't agree to it, then the defendant can file a motion to quash service of the summons as improper. A defendant can also file a motion to set aside the default. The defendant must (1) be within the proper time frame; (2) file and serve a proper written motion; and (3) argue proper legal grounds to have the court grant the motion. This post is general...

  3. Can I be served papers in California regarding a debt collection by just being left at my door?

    Answered over 4 years ago.

    1. Kevin Michael Cortright
    2. Mark William Storm
    3. Theodore Lyons Araujo
    3 lawyer answers

    The divorce papers are binding between you and your ex, but they are not binding as to the creditor or debt collector. They can still collect from anyone who is a valid debtor on the account. As far as service of papers, they normally must serve personally, not just leaving papers at the door, unless somehow the court allowed them to serve like that in advance. You might try to fight the service as invalid. However, if you win that battle, all they need to do is serve you again. So, it's...

  4. I got a summons for small claims court, being sued for bad checks that are not mine. How do i respond to this.

    Answered over 4 years ago.

    1. Mark William Storm
    2. Theodore Lyons Araujo
    3 lawyer answers

    There's nothing really secret about a drivers license. It's your SSN you should really protect the most.

    1 person marked this answer as helpful

  5. I got a summons for small claims court, being sued for bad checks that are not mine. How do i respond to this.

    Answered over 4 years ago.

    1. Mark William Storm
    2. Theodore Lyons Araujo
    3 lawyer answers

    You might send them a letter and follow up with a phone call. See if they are willing to voluntarily dismiss without you having to answer. Don't let the time expire to answer, though.

    1 person marked this answer as helpful

  6. Can your landlord throw your things outside and move another tenant in within your 15 day grace period

    Answered over 4 years ago.

    1. Mitchell Paul Goldstein
    2. Charles Edward Mcwilliams Jr.
    3. Mark William Storm
    3 lawyer answers

    I can't speak to your state, but normally a landlord cannot just throw a tenant out on the street. To lawfully end a tenancy, a landlord normally has to provide certain notices to a tenant, then sue the tenant, win a judgment, then call the sheriff to conduct an eviction based upon the judgment. If the landlord skips these steps, then that is normally considered an unlawful eviction.

    1 person marked this answer as helpful

  7. Can a landlord charge me 350.00 for a small bedroom carpet thats over 5years

    Answered over 4 years ago.

    1. Mark William Storm
    1 lawyer answer

    I can't speak for your state but it typically depends on how much the carpet was worth, how long it normally lasts, and how much depreciation has occurred by normal wear & tear. If a new carpet was $350 and normally lasts 5 years then your carpet lasted as long as it was supposed to under normal wear & tear. The landlord can't normally charge for normal wear & tear. If the carpet normally lasts 10 years but you used it up in only 6 years due to excessive wear & tear, then you have 4 years of...

  8. Collection Agency reported to CRA without sending Debt Validation.

    Answered over 4 years ago.

    1. Mitchell Paul Goldstein
    2. Mark William Storm
    2 lawyer answers

    Under federal FDCPA, the right to debt validation is triggered by a communication from the debt collector to you. The debt collector must send you a notice of your FDCPA validation rights within 5 days of the initial communication. You then have 30 days to dispute the debt and demand validation. You should do so by certified mail, return receipt requested. Unfortunately, you do not provide enough facts to answer the question. Thus post is not legal advice nor does it create an attorney-...

  9. Refund for uninhabitable rental cottage

    Answered over 4 years ago.

    1. Mark William Storm
    1 lawyer answer

    I assume you are a tenant. In most states, a landlord must provide a habitable property to a tenant. Failure to do so justifies rent withholding and a tenant's moving out. Check your state law.

  10. I had a month to month lease. The contract didn't specify when I would have to give notice to move out. Is 2 weeks okay?

    Answered over 4 years ago.

    1. Mark William Storm
    1 lawyer answer

    If your state requires you to give 30 days notice on a month-to-month, then you would likely owe the full rent for the whole month, not just 2 weeks.