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Carl H Starrett II

Carl Starrett’s Answers

1,513 total


  • Can I settle this matter in small claims court and get money back?

    I gave an owner of a business 1,150.00 repairs on my motorcycle. I later declined to the repairs done before he began working on the motorcycle. I asked to return the parts and receive my money back. He declines to tell where he purchased the part...

    Carl’s Answer

    You certainly have the right to sue and try to get your money back. You haven't provided enough information for me to predict if you will win or lose. Send a letter demanding the money back within 7 days. if that doesn't happen, file a small claims lawsuit.

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  • Can the defendant request damages at time of judgment if they win the small claims case?

    I am the Defendant in an upcoming Small Claims case which I should easily win - the Plaintiff is simply harassing me with the suit and I have all the evidence needed to defend myself against his claim. It is pretty clear that his current suit a...

    Carl’s Answer

    What you are talking about is essentially a claim for abuse of process or malicious prosecution and that's ot allowed in small claims court. At the time of trial, the judge might be convinced to award you expense such as the flight and hotel, but NOT the lost wages. What you probably should have done is ask for venue to be changed to San Francisco.

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  • Can I RE-open my discharged Chapter 7 bankruptcy?

    Discharged Chapt 7 -July 2015. I told the Lawyer from the beginning my main thing was to PROTECT my home 4 me! I have NEVER been late. He wouldn't answer my specific q's about re-affirming it & whether that should be done/what that meant etc......

    Carl’s Answer

    I don't know any bankruptcy judge that would allow you to reaffirm a mortgage debt and i certainly would never sign one for a client. You should find another lender.

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  • Am I legally required to have a fictitious name publication for my private practice in order to start my private practice?

    I have already registered my private practice under the name of California Career Counseling with the city clerk. Now I am learning I need to have a fictitious name publication in order to operate my private practice. Please let me know if this ...

    Carl’s Answer

    If you are an individual and doing business under a name other than your own, you do need to get a DBA. This is typically done at the county recorder's office by paying a small fee and paying to have it published in a local newspaper for the required time. You mentioned the city clerk, which is probably for a business license and that is a separate issue.

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  • I filed a chapter 13 but cannot complete the plan can I still hire a lawyer or is it too late?

    I tried to file chapter 13 myself and I got thru the paperwork but cannot complete the plan

    Carl’s Answer

    It is possible to hire an attorney to step in, although most would prefer to start fresh. You can use the "find a lawyer" function on AVVO, but I urge you to consider hiring a member of the National Association of Consumer Bankruptcy Attorneys: www.nacba.com.

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  • 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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