Archived
Debt Collection Lawsuit filed by Plaintiff's Counsel with No Prior Collection Letter - Does this violate any collection rules?
Joshua's answer
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Answered on November 30, 2012
I agree that they likely sent you a letter prior to suing. In any event, assuming the complaint is the first communication, it is not deemed a...
Archived
Debt Collection Lawsuit filed by Plaintiff's Counsel with No Prior Collection Letter - Does this violate any collection rules?
Joshua's answer
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Answered on November 30, 2012
The creditor may have tried to contact you at residences that you no longer live at thinking it was the correct address. To ensure not entering...
No Response to Demand for Bill of Particulars - what is the time window to file "motion to exclude evidence at trial"?
Joshua's answer
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Answered on November 30, 2012
You cannot just file a motion. You must meet and confer asking them to supplement. If they do not supplement you will need to file a motion for...
Archived
Bill of Particulars -"If the original complaint was verified, then the BoP must also be verified"-what does this mean?
Joshua's answer
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Answered on November 30, 2012
If the original complaint is verified, you will know because it will have an attached verification. A request for the bill of particulars is...
Archived
I have a debt in the collections, and it is not my debt.
Joshua's answer
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Answered on November 30, 2012
There are defenses to illegal debt practices. Would need more facts to make an informed judgment. Feel free to contact Hyde & Swigart for a free...
Archived
I need to file a collateral attack in Ventura Court on a motion to set aside a default judgment.
Joshua's answer
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Answered on November 30, 2012
Without more facts, it is difficult to give a thorough answer via avvo. An attorney needs to review. Not something you want to do alone. Feel free...
Archived
I was served with a Summons and need to file an ‘Answer-Contract’. Do I have to pay the $430 filing fee just to respond?
Joshua's answer
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Answered on November 29, 2012
Counsel Shen is correct. It is worth a shot to apply for a fee waiver - assuming you have grounds for qualification. In some counties, if the fee...
What is Defendants First set of Interrogatories?
Joshua's answer
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Answered on November 29, 2012
Counsel is correct. Your ex is engaging the discovery process. A set of interrogatories is a set of formal questions propounded upon a party in...
Archived
Does a person have to be personally served with a subpoena for a depostion in californa? what is the time for service?
Joshua's answer
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Answered on November 29, 2012
Check the LR (local rules) of your county. Personal Service is typically perferred, but not required. This may help:
1328d. Notwithstanding...
Archived
CMC
Joshua's answer
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Answered on November 29, 2012
It depends on the Judge and Court. There is no doubt the court will ask why not at the hearing. You can try to walk one in at the date of the...
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