Archived
What are liquidated damages an how are they applied as remedies along with other damages in an employment litigation case.
John's answer
|
Answered on May 10, 2016
Such a provision can be used by a sword by one side or a shield by another. If they don't bear some reasonable relationship to what was a stake...
Archived
Regarding subpoenas, does the person whose bank records you are requesting need to be notified before subpoenas are sent out?
John's answer
|
Answered on May 10, 2016
Yes, you'll need to serve him or his lawyer with a notice to consumer. Try using a legal photocopier. They can help with service, following up...
Archived
Can a collection company legally take money directly from my bank account (savings) for a debt from 2007 (already discharged)
John's answer
|
Answered on May 10, 2016
You used the word "discharged". If you had a bankruptcy between the time the debt arose and the present then it's highly likely the debt was...
Archived
If I can prove that defendants motion to overturn default and default judgment is untrue on many points will it be denied?
John's answer
|
Answered on May 10, 2016
The defendant needs to prove the appropriate elements to justify relief from the default and default judgment. If you have evidence contradicting...
Archived
Can I represent myself or should I find a lawyer at this point?
John's answer
|
Answered on May 10, 2016
You should hire a lawyer or study up to learn how to handle the case yourself. If you are going to do it yourself, Nolo Press has some good books...
Archived
Is a written agreement invalid if a copy of the executed agreement is delayed delivery of two weeks?
John's answer
|
Answered on May 08, 2016
You are citing to part of the statute of frauds. You categorize the question under family law. There isn't much in the way of a factual...
Archived
How do you get perjury in a civil case in California punished?
John's answer
|
Answered on May 08, 2016
You can use the contradictory admission to impeach the party at a hearing, in the context of a motion or at trial. Regarding perjury, you can...
Selected as the best answer
Archived
What course of action can/should I take?
John's answer
|
Answered on May 05, 2016
You should hire a lawyer and start with a demand letter. If that doesn't let to a satisfactory resolution your next option is foreclosure. Since...
Archived
In an exparte for shortening of time, how can I explain to the judge, that the file clerk forgot to calendar two of my motions?
John's answer
|
Answered on May 04, 2016
You would explain what happened in a declaration. Your exigent circumstance may be due to timing. There are time frames for filing a motion to...
Archived
What form do I use to file a written response? Can't afford Lawyer.
John's answer
|
Answered on May 04, 2016
The general denial form will work for a case over $25k. But if they swear the allegations in the complaint are true (called verified) then you...