Archived
What agency/agencies govern the original creditors/banks and consumers that I can read up on before my court case next week?
John's answer
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Answered on October 17, 2017
The state fair debt collection practices act applies to the original creditor and not just collectors. See California Civil Code 1788 and...
Archived
Motion compelling additional responses. Need Some Help!
John's answer
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Answered on October 17, 2017
You are in a procedural bind. Discovery motions are supposed to be heard on or before the 15th day prior to the first trial date. The motion is...
Archived
Can a bail bonds garnish my spouse wages for bond ?
John's answer
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Answered on October 17, 2017
They would have to first sue, win, and get a judgment. They also have to get court permission to garnish your spouse. And then they can do it. ...
Archived
Which small claims court do I file in?
John's answer
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Answered on October 17, 2017
You should sue in Alameda since that is where the borrower now resides. Venue is proper based on that, and in small claims court there is a strong...
Archived
Can I be arrested in CA for default to a collection agency ?
John's answer
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Answered on October 15, 2017
This doesn't sound right. You should consult with a consumer protection or debt collection defense attorney. They may be violating regulations on...
Archived
If you dismiss defendants & causes of action from a civil suit to expedite a trial, can you later re-file if you win?
John's answer
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Answered on October 15, 2017
As with many legal issues, the answer is "it depends". Depending on the specifics the dismissed claims/parties may be sued in a new case. And...
Archived
What happens if a Agent for Service withdraws?
John's answer
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Answered on October 15, 2017
Is your judgment against the person or the business entity? Where is the judgment debtor located? Where are the judgment debtor's assets and...
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Archived
My nanny may not return the money I loaned her?
John's answer
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Answered on October 15, 2017
You can sue her in small claims court, assuming you have not filed more than two cases over $2,500 this year. The maximum recovery there is $10k. ...
Archived
In CA, I’m considering threatening my landlady with exposing her tax evasion to the IRS and Franchise Tax Board.
John's answer
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Answered on October 15, 2017
I didn't see the prior question or responses. However there is very clearly a blackmail/extortion issue here. That's a crime. It could also...
Archived
Do I have to give notice to enter a room in my backyard?
John's answer
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Answered on October 15, 2017
This is more of a landlord tenant issue than "energy". I will reclassify it for you.