Archived
Can I add the word "Amended" to the original Proof of Service of Summons that was endorsed and filed and resubmit it?
James's answer
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Answered on April 23, 2013
I would use a new proof of service stating the correct document that was served. If a process server served it, that person should be willing to...
Archived
What do I do after I serve a pay or quit?
James's answer
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Answered on April 23, 2013
Nolo Press has a book on evictions that will guide you through the process. It's available at any law library, most public libraries, and many...
Archived
My former landlord won a small claims judgement but is now seeking additional money for the same damages.
James's answer
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Answered on April 23, 2013
The legal term is "res judicata," meaning thing judged. Once he gets a judgment in a lawsuit for your damage to the carpet, he can't sue you for it...
Archived
What is the expiration period to file a Proof of Service after a UD and Summons are filed with the Superior Court?
James's answer
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Answered on April 23, 2013
The proof of service is ordinarily filed when the plaintiff requests a default. If the defendant files an answer, the proof of service is irrelevant.
Archived
Argument As To "Why" Under Motion 473 Memorandum (Nunc Pro Tunc).
James's answer
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Answered on April 23, 2013
Matthew Bender has published a several-volume set of canned points and authorities. You probably can find it at your local law library.
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Archived
Can my property manager make move-out demands if they are not stated on the lease?
James's answer
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Answered on April 23, 2013
Generally the landlord does not do a walk-through when the lease is assigned. Instead, the new tenant just moves in. After the end of the lease,...
Archived
Judge denied my motion and granted plantiffs motion for improper service but the document service was attemted,
James's answer
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Answered on April 23, 2013
No one can help you without knowing some details. What kind of motion was it?
The judge may well have believed the plaintiff but not you.
Archived
Can a landlord give a 60 day notice to vacate due to not renewing the lease, and then start an eviction process?
James's answer
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Answered on April 23, 2013
A landlord who does not renewing a lease for a fixed term such as a year does not have to give any notice at all. When you have a year-long lease,...
Archived
How long will this default judgment remain on my credit report? I had a default judgment entered on May 2007.
James's answer
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Answered on April 23, 2013
Regardless of how long the judgment is on your credit report, it is enforceable, assuming that the creditor renews it every ten years, until you...
Archived
Can my landlord come on the property of the house I rent without notice?
James's answer
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Answered on April 23, 2013
With all respect to Mr. Kane, section 1954 does not allow entry to make an inspection. It allows entry only for emergencies, for agreed-upon or...
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