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When a defendant files a motion and responds to my amended complaint even if it has not been served yet, does he waive service?
Robert's answer
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Answered on November 17, 2011
Once a defendant has appeared in US District Court, if their lawyer is using the CM/ECF system for electronic filing, then once your amended...
Archived
Debt Collection in California: What disclosure is required by collector during subsequent phone calls?
Robert's answer
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Answered on November 17, 2011
You are observant and correct. The Fair Debt Collection Practices Act (FDCPA) at 15 U.S.C. Sec. 1692e(11) requires every communication from a debt...
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I live with boyfriend for 7 years, could he be responsible for my debt if he signs me on his health insurance plan from work?
Robert's answer
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Answered on November 17, 2011
So long as you are using your own accounts to pay your debts and he has not used the credit cards or signed any papers to be liable on any of your...
Furniture repo
Robert's answer
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Answered on November 17, 2011
The furniture can probably be repossessed if your agreement gives them a security interest in it. However, used furniture is probably not worth...
Archived
Credit card settlment
Robert's answer
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Answered on November 17, 2011
Please be sure that you get proper documentation of your settlement, so that you know your payment means that this is done and they cannot simply...
Archived
Am i free of any legal obligation to pay a car loan if I'm not on the lease?
Robert's answer
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Answered on November 17, 2011
With the car title and lease not in your name, I see this turning out badly for you if you try to drive off in this vehicle and keep it in another...
I receive a letter by mail from a debt collection agency for the wrong person
Robert's answer
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Answered on November 17, 2011
Send sample letter 1.1, linked below, by certified mail, return receipt, and keep a photocopy for your files with their letter. Explain in simple...
Archived
Is there ANY way to completely protect real property in California against judgment-creditors or plaintiffs? Trusts or anything.
Robert's answer
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Answered on November 17, 2011
Most of these trust concepts cost more money and don't live up to the expectations to save someone from minor cases, such as a day lost from work....
Archived
California Civil Code Section 1526, accord and satisfaction
Robert's answer
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Answered on November 16, 2011
Section 1526 is a difficult section the Civil Code and there are cases that make navigation through this process uncertain. First, it may be...
Archived
Do I have to pay witnesses to appear?
Robert's answer
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Answered on November 07, 2011
If you want to be able to compel them to appear to a deposition or trial, you must have them served with a subpoena and pay them witness fees and...
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