If a buyer tries to renegotiate a lower price on an already signed contract, does that void the contract?: I have a signed contract to sell a house and the buyer is unable to come up with the full price. If he counter offers, will this void the contract? If he asks for more time, will that void the contract?
Michael’s answer:
If you have a valid contract, it is a misstatement to say he is making a counter offer. The buyer can't make a counter offer in this situation. He is asking you to amend the contract or replace it with a new contract. You can ask that the contract be specifically performed as stated, but that may not be the best course of action given the circumstances. You should consult an attorney and go over your options given more detailed facts.
Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.
Is a plaintiff entitled to its attorney's fees to collect a judgment?: I have a judgment against a defendant. The defendant is not paying the judgment voluntarily. Is a plaintiff entitled to its attorneys fees to collect a judgment?
Michael’s answer:
I agree with the other answers but would add -- if you intend to collect it yourself as a self represented Party, and not actually use an attorney, then ordinarily you would not be entitled to attorney fees regardless of whether the Judgment provided for them.
Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.
Debt collection lawsuit: Can Banks issuing credit card file a lawsuit if I owe them less than $5000 in California? or they have to file in small claims court for $5,000 or less
Michael’s answer:
They can sue you in Limited Civil, and do typically. Such lawsuits are the largest number of cases in San Diego County. Get help preparing an Answer or settling your case for you.
Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.