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
I am the defendant in an upcoming small claims case that is less then 10 days away and I will not be able to attend the hearing due to a last minute conflict. I also don't live in the city where the case is being held so I can't go in and submit ...
If you fail to show up, the court will likely grant a default judgment to the plaintiff. You should still send in the paperwork to request a continuance. if the judge says no, you can file a request to set aside the default judgment. But strictly speaking, there are no appeals form default judgments.See question
We had a Default Judgment entered in the civil case we initiated against the Property Management/HOA who didn't answer any of the filings. They filed a motion on the 179th day of the 182 days allowed, to vacate the default and default judgment and...
The court will eventually schedule a Case Management Conference, which requires meet and confer and then fill out a Case Management Questionnaire that you must file with the court. Among the topics to discuss will be length of the trial, remaining discovery and willingness to participate on mediation or a settlement conference.
Discovery can continue until the cutoff date schedule by the court. Discovery is at the discretion of the parties. Settlement discussions can begin at any time and any party can initiate discussions. HOAs generally don't want to negotiate when dealing with a homeowner lawsuit when the owner does not have an attorney.
If you are having difficulty getting meaningful discover responses, a motion to compel might be necessary.
And now you are beginning to see why you need an attorney.See question
I have about $30-35,000 in personal loan and credit cards and I've been on disability since the end of October and have managed to keep up with my bills but my disability is about to run out. I had back surgery last month and don't think I will be...
You very well could be eligible for bankruptcy and should consult a local bankruptcy attorney about your options. It is pretty rare for personal loans and credit cards to avoid a bankruptcy.
People in your situation times wait to file for bankruptcy until you are done with all the surgeries. You never know if there might be some bills that pop up down the road, but a local attorney can better advise you.See question
Can I go to my local SSA office pay off mt debt in Cash can they refuse and say you have to make payment to the payment center or can I force them to follow the law. Could I make them take it right there and then even if two or three thousand dol...
Contrary to your mistaken interpretation of the law, the SSA is not legally mandated to take cash from you.
Send you payment to the payment as instructed.
I got sued for not going through with a house sale (I was the seller) last year. If I filed bankruptcy 2 months ago doesn't this protect me from liens and judgments personally ? my house has equity in it and the house I own now (same one) has abou...
First of all, you need an attorney right away. Second., you need an attorney right away. Third, you need an attorney right away.
A bankruptcy MIGHT protect you from liens and judgments, but it won't necessarily protect you from claims and the forces sale fo assets to pay those claims.
You are describing what sounds like a lawsuit for specific performance. The law of your state might allow the buyer to force you to honor original sale contract and/or pay damages for breaching the contract. An attorney would need to research whether the bankruptcy void the sale contract. But even then, the buyer might have a claim for damages.
With 400K in equity, a bankruptcy trustee might try to sell your home anyway to pay the buyer's and any other debts you might have. Or the buyer might make an offer to the trustee to buy the house from the bankruptcy estate.
Your situation is not simple and that's why you need an attorney...now. Bankruptcy might help you or it might be a horrible option.See question