Archived
How do I begin the process to enter into default judgement? Serve my spouse with Preliminary Declaration of Disclosure?
Gregory's answer
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Answered on May 05, 2016
You need to file a request for default. Why a separation agreement if you have filed for divorce? If you mean an agreement on division of the...
Archived
Can I still sue for what I'm owed?
Gregory's answer
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Answered on May 05, 2016
Is the decedent's estate in a probate court proceeding yet? If no, then you as a creditor have a right to file a probate case to probate his...
Archived
How can we get our inheritance if we weren't named beneficiary?
Gregory's answer
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Answered on May 04, 2016
Was there a Will admitted to probate that said that the sister inherits the money and omits the other siblings? If so, then you will need to...
Archived
Can I sell my home to get the cash to pay for continuing legal fee. can my wife object since she also on title.
Gregory's answer
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Answered on May 04, 2016
You can't do this unilaterally. You will need to convince a court that selling the house is the only way to divide the CP value of the house up...
Archived
How do I garnish wages to collect on court settlement? Is there a time limit when I can collect?
Gregory's answer
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Answered on May 04, 2016
Was this money an equalization payment ordered in the divorce? What do you mean by "financial settlement"? Not sure here. There are other...
Archived
Can I collect my money back from paying my husbands school loans for bachelors and master degree during marriage?
Gregory's answer
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Answered on May 04, 2016
The student loan incurred prior to marriage will be his separate property loans. If any community income was paid towards repayment of those...
Is a Stipulation and Order signed by the Judge in California considered a Judgement?
Does this become part of my Estate?
Gregory's answer
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Answered on May 04, 2016
The Estate has a right to claim and seek fulfillment of this order if you pass and at the time of passing, the debtor still hasn't paid. The...
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Archived
Can a Motion to Compel Responses be filed if the other party in a divorce case is unavailable to appear at the hearing?
Gregory's answer
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Answered on May 04, 2016
Forget the Notice of Unavailability. As to the "response" that you refer to, if he didn't file his response to the divorce, then you only need to...
Archived
Do I need to pay probate fees to be appointed as the Executor? Or make claim based on CA beneficiary law as surviving children?
Gregory's answer
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Answered on May 04, 2016
You don't pay fees to be appointed as Executor. What needs to be done, though, depends on the amount of the money in the life insurance policy. ...
Archived
Why was my judgement packed "cancelled and returned with rejection of default"? Was this mailed back to me, or given on 4/11/16?
Gregory's answer
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Answered on May 04, 2016
You cant file a request for default and a judgment under a default if the respondent filed a response prior to your request for default. That is...
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