Archived
I am being sued by a collection agency they're trying to take out 25 percent out of my check what can I do to prevent that
James's answer
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Answered on July 15, 2015
You may file Claim of Exemption if the garnishment creates a severe financial hardship. Do his immediately.
The effect of the "promise letter"...
Archived
I got a summons today from a bill collecter from american express
James's answer
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Answered on July 15, 2015
You were not properly served. Attempted substitute service on minor not valid.
Archived
Is there a law in California specifically regarding fraud due to the hiding of a will or testamentary document?
James's answer
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Answered on July 15, 2015
Yes. Various probate code sections address duty to turn over testamentary documents after death of testator or trustee.
Yes. Possible fraud...
Archived
My Fathers estate was completed through the San Diego probate court on June 4 2015.
James's answer
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Answered on July 15, 2015
Depends. Two to three weeks may be reasonable delay depending on complexity of distributions required and case status.
Not clear what you mean by...
In CA, must all of LLC Units be issued and outstanding, or can it reserve Units for future investors/employees?
James's answer
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Answered on July 15, 2015
No. Units cannot be reserved for future investors and employees. LLC members must own 100% of the LLC at any point in time. New members may be...
Archived
Chapter 7 Claim
James's answer
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Answered on July 15, 2015
No. Do not assume judge will dismiss claim. Follow through on your opposition to avoid liability.
Note that if debt was owed prior to filing BK...
Archived
Can I put a lien on my mothers house with her consent to make sure I get the money she owes me if her house is foreclosed
James's answer
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Answered on July 15, 2015
Yes. If mother agrees you may create a promissory note secured by her home and deed of trust to evidence the debt.
Record the note and deed of...
Archived
What is an automatic stay?
James's answer
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Answered on July 14, 2015
BK automatic stay is an injunction which takes effect when BK is filed. This injunction prevents most creditors from taking any action in...
Archived
What is fraudulent conveyance?
James's answer
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Answered on July 14, 2015
Fraudulent conveyance in BK context is defined as a transfer of an asset which deprives creditors of an interest in the asset.
FYI -Trustee may...
Archived
My husband is doing bankruptcy and I am not. He has the only.income of the family..
James's answer
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Answered on July 14, 2015
My position is the vehicle is your separate property. Not property of estate.
trustee may argue it is property of estate. To be safe, H should...