Archived
Can I file against an individual I did contract work for, who has not paid their invoice of $20K, under rule 3.740 in CA?
Joshua's answer
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Answered on November 26, 2012
I do not see the benefit. If you file under breach of contract or the other quasi-equitable causes of action, you are fine. A trial based on...
Archived
Help, I've been sued! How much lawyer fees would the plaintiff rack up considering there is a statute for reimbursement?
Joshua's answer
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Answered on November 26, 2012
If it is a collection case, we can do those pretty reasonably. They depend on the amount that is being sued for. If that is the type of case you...
Can a debt collector legally garnish/clean out my savings account without my knowledge
Joshua's answer
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Answered on November 26, 2012
Typically, property cannot be taken from a private individual without due process. Here, it sounds as though you were not provided sufficient legal...
Does an apartment co-signer in California have the right to be notified that the tenant is not paying prior to eviction?
Joshua's answer
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Answered on November 26, 2012
They are legally obligated under the contract. They can cure the default if they like. They should be able to have notice to protect their rights.
Junk Debt Buyer's Lawsuit showing two account numbers --- theirs, and the predecessor's- Is this a norm in the industry?
Joshua's answer
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Answered on November 26, 2012
Assuming you have an experienced lawyer on your side whom works in this field regularly, it is likely that you can use this situation to your...
Can GC Services collection agency revoke your CA driver license for unpaid traffic ticket?
Joshua's answer
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Answered on November 26, 2012
Assuming that CG Services agency is a creditor, their demands regarding inaccurate parking ticket fines could be a basis for an FDCPA violation....
Archived
If somebody tries to sue me and wins, but I already have a sizable uncollected judgment against them, would that offset theirs?
Joshua's answer
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Answered on November 26, 2012
It is not an automatically applied process, but typically, your sizable uncollected judgment against that party would be offset by their judgment...
Archived
Procedure to file a reply to an opposition-hearing is on calender for this Friday
Joshua's answer
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Answered on November 26, 2012
You can draft it and file it late. Hopefully the Judge will read it and consider it. You could file an objection to the opposition saying it was...
Archived
How to prepare a motion to dismiss an amended complaint?
Joshua's answer
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Answered on November 26, 2012
This is a very complicated legal issue. One that you should likely not do yourself. Even if you were to try and do it yourself, there is no way...
Archived
Amendment to complaint, do I have to file a new answer?
Joshua's answer
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Answered on November 26, 2012
If they just added in a Doe Defendant, a new party, no. If they file an amended complaint that substantively changed the complaint, yes.
That...
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