Questions answered by James Charles Shields

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Do we have grounds for a lawsuit in small claims court for the cost of towing and storage?

James's answer | Answered on February 05, 2016

If you were legally parked in your parking space, the HOA had no right to tow the vehicle. Possible exception if vehicle was parked long term in...

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Should we file for bankruptcy and go for debt reduction through a company that handles debt solutions.

James's answer | Answered on February 05, 2016

Based on information provided, I recommend you immediately consult BK counsel.

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Can I attach this property under cc section 3439?

James's answer | Answered on February 05, 2016

Maybe. Information provided suggests possible fraudulent transfer. If fraudulent transfer proven, transfer may be set aside, transferor and...

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What recourse do I have against someone pursuing pre-petition debt?

James's answer | Answered on February 05, 2016

If loan was not discharged in C!13 BK, creditor may contact you and proceed to enforce rights to collect debt. If debt was discharged in C13 BK...

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My partners want me to sign a dissolution to a llc even though I do not need to sign.

James's answer | Answered on February 05, 2016

If you do not understand the documents or if you understand them and do not wish to sign, do not sign them. If you need assistance understanding...

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I don't have the $495 to start probate. Can I use some of her bank account money to start probate without fear of liability?

James's answer | Answered on February 05, 2016

If bank account is part of estate, you may not liquidate it. If POD, beneficiary, joint ownership you may liquidate the account. Use proceeds...

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Do we have a claim to this estate? Should we see an attorney?

James's answer | Answered on February 05, 2016

Based on information provided, I do not believe you have claim to estate. Rough draft you describe not likely to qualify for probate as a...

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Can I put identity theft notification in a Revocation of Power of Attorney?

James's answer | Answered on February 05, 2016

Yes. You may include notice of stolen drivers license and request for notification before execution of any document. No. Such notification and...

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If I was mistreated and given the wrong medication without proper consultation, how can I go about seeking retribution for this?

James's answer | Answered on February 05, 2016

Maybe. Mistreatment, misdiagnosis, may be compensable. Possible causes of action may include: -malpractice; -negligence You may wish to retain...

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What do I need to prove that she is spending all the trust money in favoring one beneficiary of the other

James's answer | Answered on February 05, 2016

If you are beneficiary of trust and aunt is successor trustee, you have enforceable rights: -right to copy of trust; -right to accounting If...

James Charles Shields's Answers (27631)

Do we have grounds for a lawsuit in small claims court for the cost of towing and storage?

Should we file for bankruptcy and go for debt reduction through a company that handles debt solutions.

Can I attach this property under cc section 3439?

What recourse do I have against someone pursuing pre-petition debt?

My partners want me to sign a dissolution to a llc even though I do not need to sign.

I don't have the $495 to start probate. Can I use some of her bank account money to start probate without fear of liability?

Do we have a claim to this estate? Should we see an attorney?

Can I put identity theft notification in a Revocation of Power of Attorney?

If I was mistreated and given the wrong medication without proper consultation, how can I go about seeking retribution for this?

What do I need to prove that she is spending all the trust money in favoring one beneficiary of the other