Questions answered by Alan Shepard

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Sold car to relative on a payment plan. She wrecked the car before payment completion/DMV transfer. Now she wants her money back

Alan's answer | Answered on June 23, 2014

Keep the money, demand the remainder of the agreed upon contract price, and require her to pay for any repairs. You may have the option of letting...

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I'm the defendant in a credit card case, around $ 30,000.00. I want to settle prior to court date. What amount should I offer

Alan's answer | Answered on June 23, 2014

There is no consensus. Debt collectors often accept 50%. Offer 10% and work up from there. Remember, even after trial, the creditor still has to...

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What is the law in California for adverse possession or open and notorious occupancy

Alan's answer | Answered on June 23, 2014

You must occupy the real property hostilely, openly, exclusively, and continuously for a period of five years and timely pay the property taxes on...

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Am in default by filling chapter 7 bankruptcy ?

Alan's answer | Answered on June 23, 2014

Promises not to discharge a debt via bankruptcy are unenforceable. So, no, you are not in default.

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Can a police officer talk bad about sex offenders while on duty and slander me ?

Alan's answer | Answered on June 23, 2014

You have no claim against the officer for a violation of privacy or for defamation. This officer has a duty to protect the public. Part of...

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Is the HOA responsible for my damaged fence due to their lack of maintaining over-sized bushes?

Alan's answer | Answered on June 23, 2014

It is possible that the HOA is responsible. Either way, do not move forward with removal of the bushes without the HOA's approval.

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Do i have to appear ?

Alan's answer | Answered on June 23, 2014

Your fact pattern is a little confusing. Are you involved in a trial in the Bankruptcy Court? If so, you should hire an experienced Bankruptcy...

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What is the reasonable amount of time that I need to give my landlord for repairs, until I can exercise the abandonment remedy?

Alan's answer | Answered on June 23, 2014

They have a "reasonable" time to repair most of this stuff, so the length of allowable time is calculated by many factors. For example, the weather...

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If you re-open your Chapter 13 bankruptcy case, will the automatic stay be reimposed?

Alan's answer | Answered on June 23, 2014

This really depends on the motions you are bringing. Here in San Diego, the Chief Justice is advocating for not reopening cases for motions such as...

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Are there any attorneys that charge on a contingency basis?

Alan's answer | Answered on June 20, 2014

Yes. There are attorneys who take these cases on a contingency basis. I have taken cases like this on a contingency basis before, but I require my...

Alan Shepard's Answers (255)

Sold car to relative on a payment plan. She wrecked the car before payment completion/DMV transfer. Now she wants her money back

I'm the defendant in a credit card case, around $ 30,000.00. I want to settle prior to court date. What amount should I offer

What is the law in California for adverse possession or open and notorious occupancy

Am in default by filling chapter 7 bankruptcy ?

Can a police officer talk bad about sex offenders while on duty and slander me ?

Is the HOA responsible for my damaged fence due to their lack of maintaining over-sized bushes?

Do i have to appear ?

What is the reasonable amount of time that I need to give my landlord for repairs, until I can exercise the abandonment remedy?

If you re-open your Chapter 13 bankruptcy case, will the automatic stay be reimposed?

Are there any attorneys that charge on a contingency basis?