Archived
What is considered a meritorious excuse for arriving to the courtroom at 9:03 when the default judgement was granted at 9:02?
Brian's answer
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Answered on January 03, 2018
As far as the court is concerned, if the opportunity to defend your rights was not important enough for you to make sure you arrived at the court...
Are employment contracts enforceable if it violates 1st amendment rights
Brian's answer
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Answered on September 28, 2017
The First Amendment reads: "Congress shall make no law ... abridging the freedom of speech ...", which generally means no governmental entity can...
Archived
Can I sue Facebook for loosing money?
Brian's answer
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Answered on September 18, 2017
Is Facebook following its own rules and guidelines? If so, you probably need to find another way to promote - perhaps your own domain that doesn't...
Archived
Renewal
Brian's answer
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Answered on September 14, 2017
The short answer is, "Yes". A judgment can be renewed in perpetuity.
Archived
How do I collect from a trust?
Brian's answer
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Answered on September 12, 2017
You can file a motion for an assignment order pursuant to CCP 695.030 if the trust is in probate. Otherwise you can try for an assignment order...
Archived
Promissory note?
Brian's answer
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Answered on August 30, 2017
Silence does not indicate agreement, acceptance, or even acquiescence, unless the parties specifically agree that it does, preferably in writing.
Archived
How long and at what rate can a plaintiff collect interest on a judgment?
Brian's answer
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Answered on June 30, 2017
California Code of Civil Procedure §685.010(a): Interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment...
Can an abstract of judgment be issued twice for the same case #?
Brian's answer
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Answered on June 12, 2017
Has any money been paid towards satisfaction of the judgment? Has the judgment been assigned to another person/entity for enforcement? The most...
Writ of Execution and interest after judgement EJ-130 and MC-012?
Brian's answer
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Answered on June 12, 2017
Interest accrues from the date of the judgment until the date it's satisfied.
Archived
Do most unpaid rent collectors require the landlord to assign the debt to them in exchange for a share of what is collected?
Brian's answer
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Answered on June 05, 2017
Yes. You have to "give" him the debt ("assign" is the proper term), because he needs legal authority to take certain actions against the debtor,...
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