Archived
Is a Civil Restraining order for harassment invalid until I am formally served?
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Answered on July 04, 2015
I agrees with Attorney Chen. There is likely a temporary restraining order (TRO) until a hearing is held to enforce a permanent restraining order....
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Archived
Civil Judgment Collection & Bankruptcy: Is there a way to prevent the losing party of a judgment from declaring bankruptcy ...
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Answered on February 24, 2015
Everyone has aright to file bankruptcy if they qualify to do so. However, as a creditor, you have the right to be named, notified and may file a...
What's next after discovery in a divorce case?
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Answered on February 24, 2015
A trial setting conference to set a trial date. After discovery, this is the best time to evaluate the matter and enter into a settlement...
Archived
My wife and I had mutual restraining orders granted against us in our divorce proceeding. Need to dissolve
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Answered on February 24, 2015
If you have mutual consent then the family law firms will have to be drafted to dissolve the restraining order. It generally can be submitted and...
Archived
How long after you receive an unlawful detainer do you have until you get a writ of possession? How long before u have to leave
Randolph's answer
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Answered on January 22, 2015
The information your are most likely referencing for 90 days notice is in the Protecting Tenants In Foreclosure Act of 2009. However, you may not...
Archived
Filing Chapter 13, but I don't know who owns my mortgage, so how do I list the debt on my schedules?
Randolph's answer
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Answered on January 11, 2015
Listen to your attorney. Although you do not have the name of the note holder, your servicer has been assigned the rights to (amongst other things)...
Archived
A lady filed her second UD / Can I use collateral estoppel
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Answered on January 11, 2015
It is very common to have an Unlawful Detainer action be dismissed on procedural grounds by the judge and then later refiled by the landlord once...
Archived
How to serve tenant notices that I'm a new landlord and pay or quit notice
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Answered on January 02, 2015
If you received a quitclaim deed, it should be filed and the tenants would have no doubt to recognize you as the owner on the county records. It is...
Archived
Does putting a part-community property into a living trust make it community property? And do both spouses need to sign?
Randolph's answer
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Answered on January 02, 2015
The property would retain its character. However, it is always best to have a clearly drawn estate plan that establishes such agreements spouses...
Archived
Can I fight an Unlawful Detainer If landlord been charging illegal rent increases , but does not show the illegal $ in a 3day ?
Randolph's answer
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Answered on January 02, 2015
Yes, illegal rent increases would be a possible defense to an unlawful detainer for a rent controlled residence. However, you will want to make...
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