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James Charles Shields's Answers (27632)

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Archived

Is there an automatic stay of execution if tenant files bankruptcy after judgment

James's answer | Answered on January 05, 2015

Yes. Automatic stay protects debtor against execution of writ of possession and enforcement of money judgment. You may petition BK court by...

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I have had a debt that reached collection ($2500). I paid the debt but they refuse to give me a confirmation of it.

James's answer | Answered on January 05, 2015

Send written demand for proof debt has been paid. Facts you stated indicate possible violation of federal and state law. Reference: 15 U.S.C....

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We have an older case of before 2004 that was bought by a collection company that has twice garnished our check the 1st time

James's answer | Answered on January 05, 2015

Creditor apparently has obtained judgment and garnished wages. Creditor may continue garnishments until judgment satisfied.

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If my brother is incompetent to control his life and judgements. How do I become his power if atty for medical and finances

James's answer | Answered on January 02, 2015

You may file petition to be appointed conservator of person and estate in jurisdiction in which brother resides.

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Question re when capital gains are owed when person passes and adult offspring continues to live in house.

James's answer | Answered on January 02, 2015

Capital Gains Tax is complicated. Relevant factors include: -Basis of property? -Any step up in basis? -Qualified transfers among parents and...

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My step father has filed for administrator of my deceased mother's estates, he has asked me to sign over my rights. must I?

James's answer | Answered on January 02, 2015

No. You are not required to sign waiver of your rights. Yes. You may file petition to have him removed as personal administrator. Yes. You may...

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HOW SHOULD I FILE IN ORDER TO HAVE LEGAL CUSTEDY AND GUARDIANSHIP

James's answer | Answered on January 02, 2015

You may file Petition For Appointment Of Guardian Of Person And Estate of the children in jurisdiction in which you reside. Include nomination...

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Small estate with no Will and siblings in disagreement

James's answer | Answered on January 02, 2015

Anyone can file petition to probate estate. Probate may not be necessary or advised if liabilities exceed assets. Co-executors/personal...

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How long does it take to settle a Probate Will in CA? My Ex Husband died in 2008, its still unsettled.

James's answer | Answered on January 02, 2015

Depends. Time required to settle a probate varies, depending on number of factors. However, based on facts you cited, this estate should have...

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How do I protect myself from false allegations that were reported to Adult Protective Service

James's answer | Answered on January 02, 2015

Best protection is to consult Elder Law Counsel immediately and before you have any discussions with APS.