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Christopher Robert Blevins

Christopher Blevins’s Answers

14 total

  • How often and how many amended pleadings may be filed in a case?

    If an opposing party answers a pleading, must a response be issued to opposing party's response before an amended pleading is filed?

    Christopher’s Answer

    In California, a party can amend their complaint once as a matter of course. The same goes for a Defendant's Answer and Affirmative Defenses. After that, leave of court is required. You will need to consult your Court's rules or a local attorney to determine if the same rules apply in your case.

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  • I'm the owner of a home, I hire a property manager. Can I sue them for breach of contract?

    I'm in the military . I hire a property manager to fine tenant to rent my home . The ten tat was late several time on the rent . Finally we got him for failure to pay , won judgment . I travel back to house to conduct and inspection of the ho...

    Christopher’s Answer

    I agree with my colleagues on this issue. Another issue to mention is that breach of contract may not be the only cause of action you would want to pursue against the property manager. You should consult an attorney to determine if you should also bring claims for fraud or violation of California's Business and Professions Code section 17200.

    Best of luck and thank you for your service.

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  • Ex husband purchased hour prior to use getting married. After we filed for divorce house went into foreclosure.

    He's now saying hes going to put the house and credit card debt (all in his name) on my credit report. Can he do that? I know I might be responsible for 1/2 the credit card debt but can it really go on my credit report if I was never on the card t...

    Christopher’s Answer

    I agree with my colleagues, this sounds like nothing more than a meritless threat. He cannot legally do this. Even if the Court orders you responsible for the debts, it should not start appearing on your credit report. The credit card and mortgage companies are not bound by the terms of your divorce decree or a family court order assigning the debt to you or your spouse. This is because when your husband obtained the credit card, he entered into a contract with them. A family court judge does not have the power to alter the credit card or mortgage company’s rights under the contract.

    If these items do begin showing up on your credit report, you can dispute them under both the Fair Credit Reporting Act (FCRA) and California's Consumer Credit Reporting Agencies Act (CCRAA). Each act is different and has different requirements. If the items do appear you should consult an attorney.

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  • What happens if I send in my original and accurate credit information to the credit bureaus?

    Will they remove the negative items right there and then, or will my documents be forwarded to the original creditors and debt collectors. I don't quite understand this process. Recently, I disputed negative credit items, and the collection a...

    Christopher’s Answer

    The Fair Credit Reporting Act (FCRA) and California's Consumer Credit Reporting Agencies Act (CCRAA) required the furnisher of credit information, in this instance the collection agency, to make a reasonable investigation regarding your credit reporting dispute. If you do send them additional supporting documents, these should be reviewed and analyzed in conjunction with your dispute. If the documents support your dispute, they should be removed by whomever is reporting your information to the credit reporting agencies. It is not clear exactly what documents they are requesting, but it does appear they are making an effort to resolve your dispute and providing those documents may assist them in doing so.

    If the credit dispute is not corrected, you can sue the collection agency under both the FCRA and CCRAA. Under the FCRA, you are required to dispute the item with the credit reporting agency (Equifax, Experian, TransUnion) and then allow the furnisher of the information investigate and report back prior to filing a lawsuit against the collection agency. Although the credit reporting agencies allow you to make these disputes online, it may be better to lay a paper trail and send the dispute by certified mail with return receipt requested. Notably, the CCRAA does not have this requirement and allows you to sue the furnisher of information directly if they are inaccurately reporting on your credit report.

    Your credit score is a very important issue and I wish you the best of luck in getting this matter resolved.

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