Archived
Can I file a motion for judgment on the pleadings? I think I may be on to something here. I have a fraud case going on.
Robert's answer
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Answered on May 27, 2013
Affirmative defenses can be challenged in several ways: (a) demurrer, (b) motion for judgment on the pleadings, (c) motion for summary judgment,...
Archived
Can a lien be placed on the owners home that i am renting from if a notice of levy is delivered to me from the courts?
Robert's answer
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Answered on May 27, 2013
If the house is not in your name (your name is not on title with the County Recorder or County Clerk's office), then your creditors have no way to...
Archived
Can my husbands ex wifes attorneys go into my persoanl bank account he is being sued for back alimony
Robert's answer
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Answered on May 26, 2013
I have recategorized your posting on Avvo to include the family law attorneys, as this is their area of practice. In contentious family law cases,...
Archived
I'm being asked to pay the legal fees of the prevailing party
Robert's answer
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Answered on May 26, 2013
Get the Superior Court's list of legal services in your area and get help defending against that first thing after Memorial Day, because the last...
Archived
Do California small claims judgments carry the same weight as superior court judgments?
Robert's answer
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Answered on May 26, 2013
If the judgment was based on a valid court award (including validly served on the defendant and the defendant has not filed bankruptcy) then it is...
Archived
I received a levy noticed and they drafted my account. The money in my account was my pension payment, can they continue?
Robert's answer
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Answered on May 26, 2013
File with the Levying Officer of this levy the claim of exemption form and cite in the form to the statute for pension payments. Do this right away...
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Archived
Can I sue in small claims court for more than the debt, either interest or hardship?
Robert's answer
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Answered on May 26, 2013
Have them cancel the other check and go there to pickup the replacement check. Unless this is a huge amount of money (over $10k), the hassle of...
Archived
Is it duress? Will the following factors be enough to void this signed paper?
Robert's answer
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Answered on May 26, 2013
It depends on when the threats of harm occurred relative to your signing the letter. If immediately before the letter was signed, then possibly the...
Archived
I had a tummy tuck, it is botched and received small claims suit because I have not made payments
Robert's answer
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Answered on May 26, 2013
When you had surgery and it was improperly done, you must immediately see a medical malpractice attorney to determine if you should be compensated...
Archived
I have a small claims judgement -creditor is my previous boss and is garnishing my wages. If I declare bankruptcy will it stop
Robert's answer
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Answered on May 26, 2013
The garnishment will stop either if you file Bankruptcy or the claim of exemption, as your income is very low. I am surprised with such a low...
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