Can the allegations in a verified complaint be used in a separate statement in support of a motion for summary judgment?
Robert's answer
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Answered on June 24, 2015
As Mr. Chen stated, if you file a motion for summary judgment, then use a declaration in support, there is no need to refer the court to a...
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Are there any circumstances in which I shouldn't publish details of a civil lawsuit after it has been dismissed?
Robert's answer
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Answered on June 24, 2015
Consult an attorney who handles defamation cases, so that you can determine if the lies are actionable defamation or libel and what you can recover...
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When a document t is filed in the court with the clerk at Stanley Mosk, does the clerk record the TIME she received it in the
Robert's answer
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Answered on June 24, 2015
Documents received in the LA Superior Court system are stamped received by the clerk if it is not processed the same day, such as when documents...
Archived
What are the statutory damage for bad collections under the FDCPA
Robert's answer
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Answered on June 24, 2015
The FDCPA provides an award of the consumer's actual damages, up to $1,000 statutory damages, costs and attorney's fees. Same with the Rosenthal...
Archived
My car was repo-ed and auctioned, can the creditor still report it as a "CHARGE OFF" when the sale of vehicle paid the balance?
Robert's answer
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Answered on June 24, 2015
Read my legal guide, linked below, on California consumer rights following repossession for cars on an installment contract. It is unclear what...
Archived
Judgment and wage garnishment
Robert's answer
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Answered on June 24, 2015
A judgment is not invalid because it did not appear on your credit report. Credit reports are notoriously incomplete and inaccurate, which is why...
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Archived
How many times can i have my collections employee call someone in 1 day(per day) to collect a debt?
Robert's answer
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Answered on June 23, 2015
As stated by Mr. Berkus, California has its own version of the Fair Debt Collection Practices Act, known as the Rosenthal Fair Debt Collection...
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Archived
Do I have rights to a car I cosigned for
Robert's answer
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Answered on June 23, 2015
Contact the husband and advise him that you need the keys, so that you can get the vehicle and start making the payments on it, to preserve your...
Archived
In response to a lawsuit by a third party creditor should I use the PLD-050 General or PLD-C-010 Answer-Contract?
Robert's answer
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Answered on June 23, 2015
These forms are surprisingly easy to complete incorrectly and leaves plenty of ways that a debt collection law firm can get a judgment against the...
Archived
I have a "notice of lien" filed against my home by a subcontractor electrician after I paid the contractor in full. Am I liable
Robert's answer
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Answered on June 23, 2015
If you have paid the amount owed, then obtain from this contractor a notarized release of lien, so that you can have that recorded to title. You...
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