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1) earliest plaintiff could get a writ of execution?
2) earliest plaintiff could get ORAP/OEX?
3) PERSONAL service required?
John's answer
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Answered on November 14, 2017
The creditor can apply for a writ of execution and orap/oex immediately after judgment is entered. There is no stay or hold on enforcement. An...
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I lost in court, a judgement was filed against me? I paid the Judgement, how do I file for Expungement in CA?
John's answer
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Answered on November 14, 2017
You can demand that the creditor file an acknowledgment of satisfaction of judgment. Once that is filed you can get certified copies of it to...
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My ex received a judgement that was attached to my wages. If I make payments on this will that keep any interest on the ?
John's answer
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Answered on November 13, 2017
You will want to take a close look at the court file for the lawsuit against your ex. If the case is only against your ex and you two have...
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Is there a name for "Cause of Action" for when someone files a frivolous lawsuit against you?
John's answer
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Answered on November 13, 2017
Although not directly related to a claim relating to litigation, you may have a claim for intentional infliction of emotional distress. You will...
What happens to my private student loan co-signer if I am sued/might have wages garnished?
John's answer
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Answered on November 13, 2017
The lender will probably sue both of you. If they get a judgment they can take whatever collection action they want against either of you until...
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How my husband's credit card debt will effect me if we are legally seperated or divorced ? The cards only under his name.?
John's answer
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Answered on November 09, 2017
To the extent the debt was incurred during marriage the creditor can go after your spouse's separate property (what he had prior to marriage or...
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Can I file a motion for a protective order along with an "in the alternative" motion for relief from waiver in one document?
John's answer
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Answered on November 09, 2017
You can file it as one motion. It probably should not be framed in the alternative as you may actually want both. But the scope of a protective...
Someone has my stolen property how do I get it back?
John's answer
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Answered on November 09, 2017
You can sue civilly for money damages. Some theories that come to mind are conversion, fraud and breach of contract. For the first two you can get...
How do we serve a party in a small claims case if his address not valid and what if we have to collect a judgment against him?
John's answer
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Answered on November 09, 2017
Your friend should hire a private investigator to do a skip trace on the defendant to find the new address. They have various tools and techniques....
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How to make things easy for the judge? And myself.
John's answer
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Answered on November 09, 2017
A lot depends on if this is small claims or regular court.
If it is small claims then you will want to organize your documents in a binder or...