What to do with statute barred debts?

The statute of limitations is a defense to a lawsuit. Thus, if the person owed money sues, the debtor can plead and prove the statute of...

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I've been sued & need to file a counter suit for the same case. How do I go about doing this?

I agree with the prior answer. You need to file your cross-complaint with your answer to the complaint. Depending on the type of claim you have,...

Are the rules of professional conduct considered a statute? Were these rules put together by the legislature?

The rules are generally proposed by the California State Bar, submitted for public comment, and ultimately approved by the California Supreme Court.

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In CA, is it legal for a pro per defendant to issue a civil subpoena themselves, or must someone else issue it?

The law governing the issuance of trial subpoenas is located at CCP 1985(c). The court clerk will issue you a subpoena in blank, which you must...

How can I recover legal fees from a plaintiff for fighting an unsupported lawsuit?

The general rule in the United States is that each party pays his or her own legal fees in a lawsuit. In order to recover your fees from the other...

How do I initiate the proceedings described in section 1060 of the California Code of Civil Procedures?

The action is commenced by a complaint for declaratory relief in the Superior Court. There may be another way to obtain the judgment you seek,...

Should I expect the attorney to show up for a trial in a junk debt buyer case, if I received a CCP 98?

I suspect that the buyer knows how the system works. They most likely have someone on retainer whose job is to show up at these trials and do what...

Causes of action

It is common for a complaint to have several causes of action, each alleging a different theory as to why a certain amount is owed.

Plaintiff admits to purchasing the defaulted debt, causing plaintiff's injury to its own self: a useful affirmative defense?

This is not a useful defense. The plaintiff purchased the claim. The fact that it knew the risk of not being able to collect from you does not...

Can your employer fire u because u call in 2 minets before your shift

The law is clear on this point. Your boss had the right to terminate you, unless there are other facts that you have not disclosed that would tend...