received treble/triple damages in small claims court on failure to return security deposit Received an appeal. Now have to go to Superior court
I'm not really sure what your question is. You put this in Chapter 11, which implies that a bankruptcy is involved. if the landlord is in bankruptcy, the lawsuit is on hold an you should see an attorney about how to proceed in bankruptcy court.
if there's no bankruptcy, the appeal means you'll have a new trial. You can have an attorney at the new trial fi you want. Tell the judge about the error in the claim amount at the trial. Bring all of your witnesses abnd documents to the new trial just like before.See question
My son-in-law has over 150k in unsecured debt (plus 64k in student loan debt) and works for a company.
The presumptive fees in San Diego for $3600 for a "consumer" case and $4350 for a "business" case. Expects such as the filing fee, credit report and mandatory counseling classes should total around $400 on top of the fees.
Most Chapter 13 attorneys in San Diego take some of the fees and finance the rest through the plan payments. Consult an attorney in San Diego County for further assistance.See question
Hello, A Chapter 7 is what I really want to do but I have to wait till 2020 due to a BK I filed in 2012 and I dont think I can wait till 2020. If I did a Chapter 13 now which I was told I could, can I still do a Chapter 7 in 2020 on only the it...
Your Chapter 13 could be 3 to 5 years base on your income. if you qualified for a 3-year plan, you could make payment until 2020 and probably wouldn't need to file a 7.
You could make payments until 2020, dismiss the 13 and file a new 7, assuming you qualify for Chapter 7 at that time.
The bottom line is that you need to speak with a bankruptcy attorney in San Diego County for further guidance.See question
My parents received a summons for me at their home, which is my old address. I am now residing 500 miles away. A collection agency is suing me for a debt from a hospital I had to go to approx. 2 years ago. There is no way I can pay the full amount...
Failing to show up typically means that the creditor will get a default judgment against and can then try to collect. The only time I've seen courts isssue a warrant is if there is an actual order for you to appear (i.e. to give testimony about your ability to pay). Some states allow for the issuance for a subpoena or an order to appear for a debtor's exam so the creditor can get information from you about how it can collect the judgment.See question
I am in contract review for a home in we want to purchase Manalapan N.J. we just found out that the owner of the home is in chaptaer 13 bankrupcy. How likely is it to get an approvel from chapter 13 trustee? Will this effect me in anyway and sho...
Your title insurance company will probably want an order from the judge approving the sale, even if the confirmed specifically authorized the sale. The main issue for you is getting marketable title to the property and that's why you want title insurance. They will tell you what terms and conditions must take place if you want their insurance.
When a Chapter 13 debtor is selling a home, it is very common for the debtor and real estate agent to fail to communicate with bankruptcy attorney about the need for an order approving the sale. Insist that the seller contact their BK attorney now to find out what needs to be done and what timeline is required. I've seen situations seller/debtor didn't tell their attorney and there was a last minute scramble to get the sale approved.See question
I want to file a General Denial form for my limited civil court case in San Diego rather than an Answer. Form PLD-050 states that I cannot file this in response to a "verified complaint". In the complaint, there is a separate declaration where at ...
What you are describing sounds likes a verified complaint. By the way, the general denial form is a type of answer. You need to see an attorney for further guidance.See question
The trustee has sent me an objections to claim of exemption. I have asked to exempt 2 vehicles, It's stated, "the debtor should be required to designate a single vehicle as exempt within 14 days of any order entered under this exemption." What s...
It sounds like you might have filed your case without the help of an attorney and that was a mistake. I'm not an attorney in Kansas. but it looks like the law only allows you to protect 1 vehicle up to a maximum of $20,000: http://kslegislature.org/li_2012/b2011_12/statute/060_000_0000_chapter/060_023_0000_article/060_023_0004_section/060_023_0004_k/.
You should see an attorney about your options. It might be possible to convert to a Chapter 13 payment plan so you can offer a payment plan to keep the vehicle.See question
My mother passed a few months ago. I am administratix of her estate and due to a divorce i had to file bankruptcy. They have now set a court date to foreclose on my mother's property in NC but i really dont want that to happen.
You need to speak with your bankruptcy attorney about this. Normally these would be separate issues. You mother's creditors have a right to take whatever legal action is allowed to collect the money owed to them, subject to the law regarding wills and trusts in your state. A lender on a house can normally foreclose if the mortgage payments aren't being made.
Your potentially inheritance, if any, MIGHT be part of the bankruptcy estate and possibly protect by the automatic stay. Your bankruptcy attorney can tell you if you need to amend you papers and what rights you might have to the inheritance.See question
This company (Bloombex) even went into my Chase banking account and took money without my authorization and Chase will not do anything about it. At one point my financial was $454K and they would never release the funds to me. I have a paper tra...
I agree with Mr. Doland that you should file a complaint with FINRA. However, this also appears to be an unlicensed broker based on a foreign country. You can sue and complain all you want, but I'm not sure about actuall effect that will have.See question
I fully satisfied a judgment against me and the attorney agreed to have it set aside, however, it actually wasn't executed. The agreement signed by both parties stipulated that I'd fully satisfy the judgment and the case would be set aside. What s...
If your agreement was to actually have the judgment vacated as oppose to being marked as "satisfied", this is normally done by a formal stipulation signed by the parties or attorneys of records and filed with the court. A stipulation generally needs to include a proposed order as well.
In most cases, the settlement puts the burden on the defendant/debtor to prepare whatever stipulation they desire to vacate the judgment. You need to follow up with the plaintiff's attorney to see how they want this handled.See question