We have done business in a different state. Can I file a small claim in California or I must file in the state where the defendant lives and where also the debt originated?
Thank you for the question. There are several laws re: venue and jurisdiction which apply here, along with several factors to be considered with each. To be short, your best case would be to file in the State (and County) where the person who owes you money resides, and second where the deal was done or where the performance of the deal occurred/breached/etc.
Good luck!See question
I had my vehicle stolen about a month ago. The police are backlogged in getting reports out. Insurance is refusing to go forward without the police report. They have already recovered the vehicle (which was totaled) and have determined a fair sett...
I agree with my colleagues. You should see a qualified personal injury attorney to discuss this matter, as the limited amount of information on Avvo is not enough to provide a full and complete analysis and recommendation in your matter.See question
A license and he was not on insurance he also ran his girlfriend foot by accident now I am scared what should I do
I agree with my colleague above. It would be best to seek a qualified personal injury attorney to review your policy as well as the specific facts of your case, and do this as soon as possible.See question
I am filing a TRO at Stanley Mosk courthouse, can someone walk me through the steps, room etc, so I am at least do not waste my day?
In addition to my colleague's response above, if you do not hire counsel to represent you, it would be a good idea to seek assistance from a self-help center, where they can provide you with some guidance on obtaining what you are seeking.See question
i sold my car & mailed notice of transfer&release liability 3 days later. I hadn't canceled my car insurance until day 6. 2 wks later, I got a letter from lawyer. It said that I got a car accident on day 5 after my car was sold and the...
I agree with my colleagues. Contact your insurance company and they will likely request all of the documentation relating to the sale of your car, the transfer & release, and any other relevant documentation you have. The insurance company should handle all of this for you and on your behalf.See question
Me and husband married in Orange County. He had previous court agreement for child support with his ex wife for 800/month. Mince we are married now can she come back and request more money now that my income,combined with his has increased? We l...
I agree in part with my colleague above in that the child support orders are not set in stone.
Child support is calculated using a convoluted formula done through a program (i.e. Dissomaster), but it has two basic components: (1) Percentage of Custody of the Child; and (2) Each parents' income.
If either of the two component above change, then there are likely grounds for modification.
That all said, I recommend consulting with an attorney to discuss your options and to review all of the facts specific to your husbands issues.See question
I need it to come to an agreement of which school my daughter should attend and child support.
In addition to my colleagues' answers, you could also seek the assistance of the Public Law Center in Santa Ana. They provide some limited legal assistance as well as help in matching you up with an attorney on a pro bono basis.See question
I own an investment property in FL . Have a 4 yr old son . Rent an apartment here in CA . I earn more than husband but I pay my son's school tuition , swim lessons and have more time to spend with son be I only work 3 nights / week . Thinkin...
I agree with my colleagues in that it would be bad practice to sit here with the limited information you have provided and attempt to proffer some sort of result. I also recommend that you seek counsel to go through everything with a fine-tooth comb, and in doing so the attorney, whether it be me or one of my esteemed colleagues, will be able to provide you with some sort of idea as to the law and how it would pertain to your case and assets.
The basic community property rule is as follows: Everything you obtained during marriage will be presumed community property, subject to a split between the spouses. Anything outside this time is separate property of the individual spouse.
That said, I do not advise you handle this matter on your own, and seek counsel. Our office handles these matters routinely and offers a free 30 minute consultation. Good luck!See question
My child's mother keeps disobeying court orders that are for my child's protection , such as signing up for social media at a very young age , having unsupervised INTERNET access , and telling her to lie to me about these things . Throughout t...
I agree with my colleagues in that (1) yes Judges do more than simply "scold" parents, as well as (2) more information is needed.
If you have court orders for certain things, and those things are not being obeyed, there are ways to enforce the court orders. Instead of typing out a very long-winded answer here, it would probably be best for you to seek an attorney to discuss this matter.
Our office handles these matters routinely and offers a 30 minute free initial consultation.See question
How Could I Get Full Custody Of My Daughter Future EX Wife , Has a really bad anger problem , very unfair , a person that would all in her power to have custody cause the court will favor more the mom then the father as she has states , on Dec...
I agree with my colleague above. First and foremost, whether or not you hire an attorney, be sure to document EVERYTHING. Keep copies of text messages, phone logs, personal notes, etc. If and when you go to court all of this information is obviously very beneficial.
"How you can get future full custody" depends on the facts of your case, all of which are not listed in your question. The process starts with dissolution paperwork and a request for order. I am not sure from your question what stage of divorce you are in, if dissolution papers have been filed, etc. I would recommend you see an attorney (either myself or any of the other qualified attorneys on Avvo). Additionally, I would consider filing for divorce (if you haven't already), as well as filing a Request for Order (formerly an Order to Show Cause) to establish child custody and visitation to avoid future issues with the child's mother. It is very hard to enforce child custody and visitation orders when they do not exist.
Some of the details you have provided are potentially very serious, and I would advise you to seek counsel as soon as possible. As such, our firm handles all of these matters, and would be more than happy to help. We also offer a 30 minute free initial consultation.See question