my tenant moved in without paying a dime as her initial payment including security deposit were bounced for the past 4 months and still havent paid ANYTHING and as we filed petition to evict her, she filed chapter 13 which the judge of the state c...
You can object to confirmation of the plan and request dismissal, but filing a motion for relief is the quickest and most cost effective sway of getting nonpaying debtor out of a rental unit.See question
I need help finding a bankruptcy attorney. One that won't take my $ and run. In unsure if I should file chapter 11 or 13.
Chapter 11 cases for individuals are pretty rare and the few I know that doe them charger retainers starting ant $20,000. There are plenty of good attorneys in San Diego that would be happy to give you a free consultation to help you sort out what would be best for your situation.See question
The other party did not provide discovery requests after the deadline even though I extended the due date several times. I then filed a motion to compel production and the party provided the discovery soon after they were served with the motion. C...
The judge has the discretion to grant sanctions, but you have a duty to inform the judge that you now have the responses. Judges are often reluctant to award sanctions unless there is an actual expense involved. So for example, the moving party might ask for reimbursement of legal fees for the cost of bringing the motion. If you are representing yourself, the amount of sanctions will likely be minimal if any are awarded.See question
Hi, I am looking for help on finding a pro-bono attorney for bankruptcy.
I suggest calling your local county bar association or legal aid society.See question
What happens when you file chapter seven bankruptcy, and you tell the bankruptcy trustee that he can take some personal property to sell at action? The bankruptcy trustee refuses to take the property because it cost him more money to pick it up th...
The trustee will probably abandon the property, which means it might revert back to you. Sometimes the trustee will file a formal notice of intent to abandon the property and the court will enter an order. Most of time, however, assets are abandoned when the case is closed by the court.See question
In 2006, as an employee of The Cheesecake Factory in Huntington Beach, California, a customer came into my place of employment hysterically declaring me a pedophile. What my general manager did was question the person to see if she had a leg to st...
You aren't dead and too much time has passed. Flagged for removal.See question
I received a settlement offer that im in a lawsuit i didnt know about. The settlements is anywhere from 20 to 85 dollars. The settlement is against sterling background check giving false information to employers. Should i sue myself or just take t...
The real question is whether or not you have any proof that you where harmed any more than the small amount of money that is on the table. So unless you lost a job opportunity because they confused you with a serial murderer, chances are you have no proof of actual harm. In fact, I'd bet you don't even remember what job you might have applied for the used that company in the lawsuit.
You can always consult your own attorney, but I'm skeptical that you would be benefiting from opting out fo the settlement.See question
I was sued and lost from american express for non payment of credit card.It's been 2 years and new law firm took over and i don't want them to make me sell my house how can i protect my house from sale.I thought after lawsuit that they can't do a ...
They aren't altering the judgment. They've applied for a writ of execution to do things like garnish your wages or go after your bank accounts. The form you speak of us the form used to get interest and post-judgment collection costs added to the writ so the sheriff knows how much to collect.
Let's say the Original judgment was for $10,000 in debt plus $400 in costs and $600 in interest for a total of $11,000. Then let's the prior law firm spent $50 to get an abstract of judgment and record a judgment line on your home. The judgment credit can now collect $2200 of interest for 2 years and $50 for the judgment lien costs. Those amounts are added to the writ of execution by using the form they sent you.
The judgment is still $11,000, but they can collect more than just the face amount.See question
My question is whether or not it is MANDATORY for the prevailing party of a default judgment to serve a copy of the signed judgment that was signed at trial in small claims court when the defendant failed to appear I do not have their forwarding...
I do not practice law in your state, so most of what I have to say will be based on California law and mostly fall into the category of "stuff that could be helpful and certainly won't hurt".
Under CA law, service a notice of entry of judgment shortens the time to appeal. Send a copy of the judgment to all possible address you know of. Put "address correction requested" on all the envelopes. There's a possibility the post office will return it one of the envelopes to you with a forwarding address. File a proof of service with the court. Is any of this required? I don't know. Will it help? Maybe. Will it hurt? No.
Consider hiring a private investigator to do a skip trace and asset search.See question
I had filed a motion to avoid lien and it was executed, during my bankruptcy, for my second mortgage holder company. Now, I am refinancing my mortgage, 15 yrs. later, and there is a lien from this mortgage company on my property. Don't they need...
Where I practice, the order granting the motion to avoid the lien would be a document that I could have certified by the court clerk and recorded. The recorded order would void the lien.
Contact legal counsel and see if the lender will voluntarily remove the lien. If not, you may need to reopen the case for further legal proceedings.See question