Archived
Can a judgment creditor collect the same judgment 3 times? If the judgment is for 2900 can they collect 9000? Do I have to sue
Robert's answer
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Answered on July 09, 2015
A civil judgment for money is collected only once, including accrued interest, costs, and attorney's fees, if applicable. Since judgments grow at...
Archived
1) bought a car at Craigslist. Has a blown motor and the guy didn't tell me. He said every things fine. Can I get my money back?
Robert's answer
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Answered on July 09, 2015
ALLEGEDLY: False assurances on which a buyer relies in deciding to buy a vehicle or other consumer goods constitutes fraud and misrepresentation...
Archived
Is there any way an attorney could stand in for pro per party that may be out of town for a hearing? (product liability)
Robert's answer
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Answered on July 09, 2015
It does not violate any rule, but you might want to consider hiring the attorney outright and get the full benefit of what they know.
Archived
Is it possible for me to set aside a judgment based on fraudulent/improper service of original complaint filed in 2011?
Robert's answer
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Answered on July 09, 2015
Yes, it is known as extrinsic fraud and also a violation of your due process rights under the Constitution. Consult an attorney who handles debt...
Archived
Can a bank keep my money if I don't have an ID to proof is my check?
Robert's answer
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Answered on July 09, 2015
Banks are not supposed to allow deposits to an account that is not the name of the account holder, unless they have proof that the payee has...
Archived
Lease question - fraud?
Robert's answer
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Answered on July 09, 2015
It is fraudulent to take documents that are unrelated and string them together into another document and call that a contract and to submit the...
The assumption that fact presented by the Plaintiff are true in a motion for judgment on the pleadings or summary judgment
Robert's answer
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Answered on July 09, 2015
Allegations in the pleading are only assumed true for purposes of a motion for judgment on the pleadings or demurrer, not for MSJ. Going to trial...
Archived
Is a bank account that's opened in the name of one spouse, but funded from monies from a joint account considered community?
Robert's answer
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Answered on July 09, 2015
Unless agreed otherwise by a valid prenuptial agreement, all income during marriage is community property, so it retains that character even if...
Are arbitration costs recoverable to the prevailing party? I am on a fee waiver
Robert's answer
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Answered on July 08, 2015
Yes, it is possible that your contract provides for recovery of the costs of arbitration or the attorney's fees for the prevailing party. Also, one...
Archived
Can a granite company charge a re-stalking fee of 25% if the granite never leaves their place of business?
Robert's answer
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Answered on July 08, 2015
If your contract states no returns, then they can simply tell you that you are stuck and that you must deal with the counter top yourself. Here,...
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