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Carl H Starrett II

Carl Starrett’s Answers

1,517 total


  • CAN A LAW GROUP GARNISH MY WAGES FORM A CREDITOR THAT SAY I OWE THEM, FROM 20 YEARS AGO?

    DE MIRANDA MANAGEMENT, INC. IS TRYING TO GARNISH ME FROM A DEBT THAT WAS FOR A RENTAL APARTMENT 19 YEARS AGO. I JUST RECEIVED A JUDGEMENT TO GARNISH MY WAGES ON MY NEXY PAYROLL PERIOD, FROM MY EMPLOYER. I THOUGHT THE SATUE OF LIMITATIONS SHOULD HA...

    Carl’s Answer

    The statute of limitations is the deadline to file a lawsuit. if they have an order to garnish your wages, that means they have a judgment. Judgments are good for 10 years and are renewable.

    You can file a claim of exemption to try and reduce the amount. You can try settling the debt or talk to a bankruptcy attorney.

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  • How can I help a friend defend against collections after an accident

    One of my young student friends rented a car from a "rent-a-wreck" car rental agency. When he asked about insurance he was told he was insured and not to worry ( the first $1500 of the accident was his responsibility). He was involved in an accid...

    Carl’s Answer

    Your friend needs to take the rental contract to a local attorney to review. I find it hard to believe that the rental company didn't have insurance and an attorney might be able to convince them to step up to the plate. My guess is that the just don't want to submit the claim on their policy because of the risk of higher rates or cancellation.

    If a collection agency is after your friend, it sounds like the other person's carrier paid the claim and is now seeking reimbursement. This is a legal concept called subrogation. If they sue and get a judgment, your friend could have his or her license suspended. Bankruptcy is also an option to resolve this, so tell your friend to see an attorney no matter what.

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  • Why would San Diego Gas and Electric sue me?

    I was sued in superior court. I have not been served with the complaint. I have never received a letter demanding money.

    Carl’s Answer

    Except in very limited circumstances, there is no legal requirement to made a written demand before filing a lawsuit in superior court. They might be suing you for unpaid electrical bills or maybe they claim you damaged one of their power lines. There is no way to no unless they serve you or if you go to the courthouse to get a copy of the lawsuit.

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  • Is there a law that requires banks or investor to reveal how much they paid for the note to my home?

    The note on my home has changed mortgage companies three times. I would like to know how much the last investor paid.

    Carl’s Answer

    No. The amount you borrowed has no impact on what someone might be willing to pay for the rights to your note.

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  • In a flat fee agreement in a civil action in which the prevailing counsel testified earlier that court costs were paid as part

    of and from that flat fee, can that same prevailing attorney then later ask for the flat fee plus the cost incurred in defending additional motions they didn’t anticipate? In other words, the attorney testified earlier that a flat fee was charged ...

    Carl’s Answer

    It sounds like you are the losing party. Costs are awarded to the prevailing party and you have no standing to challenging them solely on the basis of what the fee agreement said as between the opposing attorney and their attorney.

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  • My trail date is on September 30 , 2016 and I have not sent my discovery to the other party . Do I still have time to send it ?

    Can I send my discovery now which is only 45 days before the trail ? What are my options ?

    Carl’s Answer

    The discovery cutoff has come and gone. You still have time to send this form: http://www.courts.ca.gov/documents/disc015.pdf

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  • According to our final decree, he had 60 days from the sign date to either refinance or sell our joint home, he refuses either?

    We have been divorced for 2 years. He cannot refinance, neither he nor his fiancé have good credit, and he is refusing to sell. He let the mortgage get into near foreclosure. He cashed in his retirement from the company he was laid off from to cat...

    Carl’s Answer

    This is a matter that needs to be address by the family court judge. Most courts have a procedures to deal with people who don't follow the judge's orders. if the order says sell the home or refinance and your can't or won't refinance, then there should be a procedure to for him to put it on the market.

    You just need to find the right attorney who knows how to get this done.

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  • My wages are being garnished.

    I was told by payroll they will be garnishing my wages starting today.. They have known for two weeks but didn't tell me. I was not served any papers. They served papers at a residence that I have not lived in in many years. They served the papers...

    Carl’s Answer

    It may be possible set aside the judgment if you file a motion under Section 473 of the Code of Civil Procedure. However, the ruling in that could take months. The court won't enter a judgment unless it has evidence that you were properly served and has the same validity as a judgment after trial.

    Until the judgment is vacated, you have 3 choices: (1) settle the debt; (2) file for bankruptcy; (3) file a claim of exemption to reduce or eliminate the garnishment.

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