Archived
An unlawful detainer was filed against me and my roommate. I filed Chapter 7 Bankruptcy and an automatic stay is in effect
Michael's answer
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Answered on September 21, 2012
No. There is no co-debtor stay in a Chapter 7. However, as a practical matter, the landlord cannot effectively gain possession of the premises by...
Archived
My son has turned a one mo. into an 8 mo. stay. He has agreed to leave by Sept/30/2012. can i enforce this
Michael's answer
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Answered on September 21, 2012
Yes. But enforcement is up to you. If you allow him to stay that is up to you. Since he does not pay rent he is a trespasser if he overstays his...
Chapter 7 In CA 704 or 703 exemptions, do married couples get to double the car exemption. We have 2 cars, so does in 704=probl
Michael's answer
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Answered on September 21, 2012
The law is clear. Fair or unfair -- married couples who file a joint petition share the exemption.
Archived
HOA unpaid fees in CA: I was told that in CA : 1-our HOA cannot pursue both a lawsuit and a foreclosure ? True? What is best way
Michael's answer
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Answered on September 21, 2012
Your Board needs to retain an attorney to advise it regarding these issues. The Board has an obligation to hire professionals for legal advice....
Archived
Want To Ask A Lawyer About A Illegal Question By E-Mail Only
Michael's answer
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Answered on September 21, 2012
No illegal questions allowed. Sorry.
Archived
How much jail time will I get if I have not completed my community service and I am at the end of my summary probation?
Michael's answer
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Answered on September 21, 2012
If you go to court and request additional time to complete your community service in nearly all cases the court will grant you the necessary time...
What form is used for a motion to quash service of summons?
Michael's answer
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Answered on September 21, 2012
There is no form. You must prepare a pleading consisting of Notice of Motion and Motion, Points and Authorities, and Declarations(s) to support the...
My landlord is kicking me out 7 months into a 12 month contract lease. He will only give me up to $1,000 to move out.
Michael's answer
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Answered on September 21, 2012
You should consult and retain, if necessary, a local tenant rights attorney. Your landlord cannot unilaterally terminate your lease before the term...
Archived
Should I get my arrest record seal and destroyed?
Michael's answer
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Answered on September 21, 2012
Assuming you were an adult, you cannot get your arrest record sealed or destroyed. You will have to report the arrest and other circumstances if...
Archived
I just got a request to set case for trial,unlawful detainer,can owner give me another 3 day notice?
Michael's answer
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Answered on September 21, 2012
Your facts are unclear as to dates. Yes, plaintiff can voluntarily dismiss a UD. If that is what happened you may be entitled to your costs on that...
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