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The small claims court limit is $10,000. Can levy or collection fees be added on top of $10,000 in judgements?
John's answer
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Answered on May 25, 2017
The judgment can grow far beyond $10k after it is entered. It earns interest at 10% simple. There often are post judgment costs of collection. ...
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In California can a process server sub serve documents at an address were they are being told that the Defendant DOESN'T reside?
John's answer
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Answered on May 25, 2017
The question of did the defendant live there at the time of service may end getting litigated. Probably the better approach is to try for a better...
What is the burden of proof in small claims court to establish breach of contract?
John's answer
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Answered on May 24, 2017
The burden of proof on this kind of a claim is the regular burden in a civil case. It's called a preponderance of the evidence. This means you...
Can I represent my company in court even if I'm not a lawyer?
John's answer
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Answered on May 24, 2017
Assuming you have a business entity, like a corporation or LLC, outside of small claims court you must have a lawyer to represent the company. In...
May I request copies of documents the opposing party subpoenaed from third parties?
John's answer
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Answered on May 24, 2017
You request them from the person handling the subpoena. This is the deposition officer. Usually it is an outside vendor called a professional...
Archived
Order of examination.
John's answer
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Answered on May 23, 2017
I agree it must be served personally.
With respect to who does the serve, do it right and have a registered process server or the sheriff do the...
Archived
Default judgment enforcement: How can I ask court to see records which I had subpoenaed and are in its possession?
John's answer
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Answered on May 23, 2017
It sounds like the financials are no longer relevant in that you dismissed the punitive damages claim. Holding that aside, each department handles...
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I am about to marry an inmate in California can they take my taxes or garnish my wages to pay his restitution
John's answer
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Answered on May 23, 2017
For restitution owed to a victim they will not be able to garnish your wages for this pre-marriage debt. They probably cannot get your tax return...
Archived
Filed chapter 7 couple of years back. Did not reaffirm home. Later I did a loan modification. Am I personally liable on loan?
John's answer
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Answered on May 23, 2017
You may have. You should bring the loan mod papers and consult with your bankruptcy attorney. There may be other protections aside from...
Archived
How long does a bank levy stay in force?
John's answer
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Answered on May 23, 2017
Levy is a one time thing. That said, they can levy again.
You file your claim of exemption with the sheriff. If the creditor does not act...