I have a judgement from small claims court against me and the assignee has sent a supuena to my private lender for records?
John's answer
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Answered on March 16, 2017
Regarding privacy rights post judgment, you don't have much of a right to financial privacy with respect to the judgment creditor or assignee. In...
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What is truly the cost to sue in the superior court?
John's answer
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Answered on March 15, 2017
Sounds like the lawyers are talking about attorney's fees and not court costs. Small cases can be more complicated than big cases. Many of the...
How do I dismiss a doe defendant and how do I file notice for court reporter for a prove up default civil superior court hearing
John's answer
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Answered on March 15, 2017
For the Doe defendants you file a request for dismissal specifying it is only for Does 1 to however many there are. Make it without prejudice.
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Can I get my money back? Employer charged heavy interest for an overpayment they mistakenly sent to me
John's answer
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Answered on March 14, 2017
What rate of interest is "heavy"? If it was over 10% simple per annum then it's usurious and void. You can get a full refund and perhaps even a...
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I need to garnish an employee's wages that works at Safeway but out on Workers Comp.
John's answer
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Answered on March 14, 2017
You can serve a wage garnishment on her employer, but don't expect to get anything from her comp benefits. After she hopefully returns to work you...
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Car ownership
John's answer
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Answered on March 14, 2017
You can prepare a simple contract that you are buying out your friend's interest in the vehicle for the specified price. You could also have...
Archived
'Additional defenses' as the one and only affirmative defense?
John's answer
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Answered on March 14, 2017
I think you should skip the motion to strike or demurrer and just get on to discovery. Even if you strike the statement as to unknown defenses I...
Archived
Am I entitled to my Discovery?
John's answer
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Answered on March 14, 2017
This is more of a criminal defense issue than general litigation. I will reclassify it for you .
Archived
Is it possible to force an attorney to purge his trust account of his client's retainer if i have judgment against his client?
John's answer
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Answered on March 14, 2017
You can levy the attorney for monies the attorney is holding for the client. To the extent work has been done but not yet paid for, the attorney...
Archived
Does an answer have t be filed first or with the Notice of Related Case?
John's answer
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Answered on March 13, 2017
It is allowed, but it is a strange thing to do. If their time to answer has expired you can apply for a default.