Archived
In a settlement agreement, if the defendant fails to pay the plaintiff the considerations it was promised (x dollars), does that
John's answer
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Answered on February 05, 2016
If the case settled during pending litigation you can enforce the settlement through a motion and have a judgment entered. Status of your...
Archived
My question is, is this valid, how can we find out more and is the Statute of limitations up on it or not since the bill was fr
John's answer
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Answered on February 05, 2016
An undisputed bill might create what is called an account stated. And the four year statute of limitations may run from that undisputed bill. ...
Archived
How can a British company recover a debt from an US-based company in a cost-efficient way?
John's answer
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Answered on February 04, 2016
One strategy to consider is to sue the company in the UK. This assumes your courts will have jurisdiction. If you win you can then hire counsel...
What is a difference between "modification" and "novation to replace prior contract"?
John's answer
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Answered on February 04, 2016
In the abstract, it's a matter of degree. In a modification the parties are tinkering with the contract. A novation is a whole new contract,...
Archived
Can i still collect on a judgement if the restaurant it's against reopens elsewhere, maybe even with a different name?
John's answer
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Answered on February 04, 2016
Even if these are different entities, you might be able to go after the second restaurant depending on if it bought the assets or business from the...
Archived
How can i collect the judgement?
John's answer
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Answered on February 04, 2016
For next time, use an application for your tenants so you can get identifying and other financial information. For this time you may need to hire...
Archived
The statute of limitations code?
John's answer
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Answered on February 04, 2016
For statutes of limitations see Code of Civil Procedure § 315 and following for the various time periods. Depending on the details time limits can...
Archived
I know a friend who previously had money but he gave it all away many years ago to his girlfriend as a gift, can you go after hi
John's answer
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Answered on February 04, 2016
A creditor might be able to go after the girlfriend on a fraudulent transfer theory. Even well intentioned gifts can be set aside because they...
Archived
I want to change the assignment of a judgement from CA Franchise Tax Board back to myself. How do I re-assign a judgement?
John's answer
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Answered on February 02, 2016
You should contact the assignee about getting it assigned back to you. I don't think the FTB is that well staffed to do enforcement of judgment...
Archived
I'm being sued for defamation for internet comments I didn't post.
John's answer
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Answered on February 01, 2016
Defamation is a complicated area of the law. If you have renters or homeowners insurance there might be coverage and defense. It's definitely...