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Can my sister who was the executor of the will call the da and ask if i owe any child susport take it out & send me the rest.h
James's answer
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Answered on December 22, 2014
Yes. Sister can inquire whether you owe CS arrears before she distribute inheritance to you.
Yes. Sister can pay portion of your inheritance to...
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My father's estate was supposed to be split 50/50 between my brother and I.Now suddenly my aunt(executor)is half beneficiary
James's answer
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Answered on December 22, 2014
Object to appointment of aunt as executor before she is appointed. Retain probate litigation counsel to contest signature on will. Review all...
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Judgment creditor with abstract filed against my home in California. Settled the debt. What verbage do I ask them 2 remove lien?
James's answer
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Answered on December 22, 2014
Several items to specifically include in settlement. Important provisions include:
-Prepare and file a Satisfaction of Judgment form with the...
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Reopening a Chap. 7 bk to dispute a fraudulent creditor.
See bk case Salvidar (Bankr.S.D. 2013 WL 2452699).
James's answer
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Answered on December 22, 2014
Yes. BK can be reopened. You can ask the BK court to determine legal owner of the note. Not likely BK court will exercise jurisdiction to hear...
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I was hit in a car accident. The guy filed ch 13 bankruptcy. I got a notice that there is money in the estate - what do I do?
James's answer
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Answered on December 22, 2014
File a Proof of Claim within the statutory period allowed. Retain personal injury counsel to reduce the damages to a judgment. Pursue insurance...
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Non-negotiable promissory notes dated dec 2008, not fully paid yet, still worth something?
James's answer
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Answered on December 22, 2014
Maybe. Promissory Notes are negotiable by definition. SOL has not run. Value depends on credit worthiness of debtor.
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My bankruptcy was discharged two years ago. Do I have to surrender my car to the bank? I have been making payments.
James's answer
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Answered on December 22, 2014
Maybe. Law follows:
You were required to reaffirm if you wanted to keep the vehicle. If creditor has been accepting payments, you may argue to...
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Does A CCP 96 request for a limited jurisdiction debt case require what was learned in Discovery be LISTED in CCP 96 answer?
James's answer
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Answered on December 22, 2014
Yes. You must provide information in your completed CCP 96.
Reference statute:
(a) the names and addresses of witnesses (OTHER THAN A PARTY WHO...
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Can I collect living expenses from someone who stayed with me and promised to pay when they got on their feet.
James's answer
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Answered on December 22, 2014
Yes. You may file lawsuit for breach of oral agreement. SOL is 2 years. Will be difficult to prove. Collect any evidence of agreement,...
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Can a creditor remove a judgment lien against me and then try to collect in another way?
James's answer
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Answered on December 18, 2014
If creditor has judgment lien, he can pursue all collection methods provided in judgment. No incentive to remove the lien. Removing lien...