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David Garner’s Answers

730 total


  • My mother passed away recently without a will. Who needs to repay her debt?

    Our house is under her name. There is a good $100k left to pay off + $200k used from the line of credit for her clothing business. I know that the house will go to my dad because he is the spouse and I would like to keep the house if possible. S...

    David’s Answer

    Ms. Brewer gave you the long version. In the end, your mother's debts will have to be paid from her estate to the extent assets are available to do this. You will not be able to get around it, however more facts would be helpful as she points out.

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  • California here, what is a Case Management conference Hearing for?

    why do i need to attend and if the respondent has an attorney should I obtain one as well?

    David’s Answer

    I would recommend and attorney, yes. The purpose is to advise the court as to proceedural matters, discovery timing, the status of doe defendants, etc.

    If they have an attorney, you need one.

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  • Is it fraud if you are an Authorized user on the account of the deceased?

    I was told by the CC company that I could contine to use the card. So I did and I was making the payments on the card as well. The CC company decided to close the account b/c they said they were never told of her passing but they have a death ce...

    David’s Answer

    By authorized user do you mean that you name is on the account also, or that the deceased let you use the card.

    If it is the latter, I would pay it of to avoid a possible charge of credit card fraud. The card company has no contract with you and as such, at the death of the deceased, did not necessarily intend to extend credit to you - especially since recovery woudl be difficult.

    I would suggest that you get your own card.

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  • I Need legal advice to throw out court about breaking a restraining order not yet granted??

    My Friend and I had Court today for a restraining order. The Restraining order could not be granted without a guardian. The case was tjen continued til a later date. The judge sent the plaintiff to another office berfore leaving, She had had two ...

    David’s Answer

    It would be helpful to have the background on how you got to this point. Without that, solid advice is very difficult to come up with. Clearly they want you to stop doing something. What have you been up to?

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  • Front door lock - Landlord want to change- Building up for Sale

    My building is up for sale (duplex) and my landlord want to change my door lock to a master lock yet he is not asking the same of my neighbor? I find this suspicious. One of the owners lives in the unit, they're saying they can do as they see fit...

    David’s Answer

    As long as he gives you the key he can change the lock if he sees fit. Periodically upgrading locks and fixtures is probably a good thing and not subject to your permission.

    I can't believe things are that bad if you stayed 13 years. The new owner will take the property subject to your lease, but can evict you at the termination of it.

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  • My husband's $ is garnished for back child support & a lien was put on our house.Can't refinance. Is this legal? What can I do?

    My husband's paycheck has been garnished for child support and back child support for 2 years. The baby mama was a good friend of mine and they had a 1 night stand and she got pregnant. He didn't want the child or anything to do with her or the ...

    David’s Answer

    I think it's really nice that your husband "didn't want the child or anything to do with. . .the child." That certainly falls far afoul of the behavior we try to encourage in society. A child has a right of support from BOTH parents and he is feeling the burden of that.

    If the mother is on welfare, all the more reason support from the father is critical.

    Unfortunately, Nevada is a community property state. Creditors (and the state) can seek your husbands separate property assets and the community property assets. Regardless of when the house was purchased (before or after the marriage) your husband likely has a significant community property interest, if not half.

    The only thing I can suggest is to get current on his payments so the lien can be removed. You might consider refinancing in such a way that the lien is paid as part of the deal.

    Sorry. One night stands can be expensive.

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  • My daughter is the victim of 3 cyberbullying attacks .she was upset and attacked back once...what can we do?

    my daughter is the victim of 3 cyberbullying attacks .she was upset and attacked back once...what can we do? someone attacked her,threatened to ruin her next schoolyear,and also implied that she should just kill herself. then a friend of t...

    David’s Answer

    Yeah. Keep the kid off the internet.

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  • What are our rights?

    A tree fell on my husbands truck. We only have PIP and the insurance company said it won't be covered. We have a lease option and we have contacted our insurance company.

    David’s Answer

    Who's tree? Yours? Where? In a storm or was someone sawing it down? You left out all the important facts.

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  • My car was hit by a golf cart at a golf course, and the insurance are trying not to pay for my car's damage.

    Someone stole a golf cart at a golf course, and was driving away when he hit my car which was parked at the golf course parking lot. (The thief ran away and they haven't found him yet.) I talked to the golf course's insurance company, and after ...

    David’s Answer

    Teh theft defense is a powerful defense. Additionally, you are probably not going to be successful with a demand that you be provided a Mercedes rental.

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  • Can an employer be liable for overdrafts when deposit is not electronically deposited

    munincipal employee. mandatory electronic deposit. other employees not affected. small but numerable overdrafts.

    David’s Answer

    No. It's your responsibility to verify the fund in your account before you write checks.

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