Questions answered by James Charles Shields

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Are there statutory damages for intentional billing fraud committed by companies against consumers?

James's answer | Answered on July 28, 2015

Statutory damages available under federal and state fair debt collection procedures acts. Punitive damages may be awarded if fraud is proven.

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Is there a defense for a debt collection when the debt is owed?

James's answer | Answered on July 28, 2015

Yes. Many possible defenses. Precise defenses available in particular circumstance varies depending on facts. First step: Make creditor prove...

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California chapter 7 bk. County employee files using 704 exemptions. Protect Deferred comp retirement plan? which exemption?

James's answer | Answered on July 28, 2015

Too many issues to consider when advising which exemptions to select to competently respond to your question. Consult BK counsel.

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Does an inmate have legal rights to his institutional banking affairs and by putting his Power of Attorney on record there?

James's answer | Answered on July 28, 2015

Yes. Inmate has authority to create POAF and appoint agent. Need more information to opine on actions of attorneys and prison counselor.

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Will a grant deed,revocation of revocable living trust and changed to tenants in common to sell house, split the proceeds?

James's answer | Answered on July 28, 2015

Yes. Couple may sell the house. If they are both trustors with authority to sell the house, no need to go through all of formalities cited (Will...

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I have a revocable trust

James's answer | Answered on July 28, 2015

Maybe. Most trustors give successor trustee power to sell assets after their death. Some do not. Terms of your trust defined power of successor...

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California Notary screwed up on SOT execution, Can I reverse the foreclosed sale of my house?

James's answer | Answered on July 28, 2015

Technical defect you cite, which occurred in 2012, probably not sufficient to invalidate foreclosure last year. Yes. Possible negligence claim. ...

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My sister had my Mother sign a Durable Power of Attorney is selling the house.

James's answer | Answered on July 28, 2015

POA not valid if mother did not have capacity when she executed it. If her as result of alzheimers or dementia she did not have capacity, the POA...

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Can I be responsible of receiving all foreclosure notices, trustee sale and declarations as a tenant in common ?

James's answer | Answered on July 28, 2015

Yes. You may request lender send copies of all notices to you. Notify lender of your status as JT owner and request duplicate copies of all...

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I need my deceased husband property in my name, how can I avoid probate if , I have a Will .

James's answer | Answered on July 28, 2015

You cannot avoid probate. If value of estate less that $150,000 you may be able to file Petition to Determine Succession to Real...

James Charles Shields's Answers (27632)

Are there statutory damages for intentional billing fraud committed by companies against consumers?

Is there a defense for a debt collection when the debt is owed?

California chapter 7 bk. County employee files using 704 exemptions. Protect Deferred comp retirement plan? which exemption?

Does an inmate have legal rights to his institutional banking affairs and by putting his Power of Attorney on record there?

Will a grant deed,revocation of revocable living trust and changed to tenants in common to sell house, split the proceeds?

I have a revocable trust

California Notary screwed up on SOT execution, Can I reverse the foreclosed sale of my house?

My sister had my Mother sign a Durable Power of Attorney is selling the house.

Can I be responsible of receiving all foreclosure notices, trustee sale and declarations as a tenant in common ?

I need my deceased husband property in my name, how can I avoid probate if , I have a Will .