Archived
A revision to stip was made on UD don't I sign/review prior to filing? Plaintiff filed ex parte default
hearing what can I do
Thomas's answer
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Answered on January 20, 2017
You should file a declaration with the Court as soon as possible telling the Court that an agreement was reached, and include a copy of the...
Is a lawyer considered a third party in a libel case?
Thomas's answer
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Answered on January 19, 2017
Statements made by an attorney on behalf of a client are privileged under California Civil Code Section 47. So no, the attorney cannot be held...
How does bankruptcy Chapter 5 differ from 7, 11 and 13?
Thomas's answer
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Answered on January 19, 2017
I agree with the prior answers that there is no Chapter 5 bankruptcy. However, a possible remedy is to hire a bankruptcy attorney and file a motion...
Archived
Attorney Fees Expended in Attempting to Collect on a Judgment
Thomas's answer
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Answered on January 19, 2017
It depends on the nature of the judgment. If it was contract that formed the basis of the action, and there was an attorney's fee's provision in...
Archived
Can I stop the HOA from collecting back fees discharged by my Chapter 7 bankruptcy?
Thomas's answer
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Answered on January 19, 2017
HOA fees have some special rules about them, but the pre-petition debts should be discharged. Since you filed the case yourself, the HOA attorney...
Archived
How do I obtain monies after winning my case, but the defendant has filed bankruptcy?
Thomas's answer
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Answered on January 19, 2017
Unfortunately, the judgment is likely discharged. There are exceptions to dischargeability under 11 U.S.C. 523 for some types of debts, such as...
Archived
If you filed BK ch7 in Ca in 2015 and charged off same year ,can the county attach a lien evan if it is only for assessment fine
Thomas's answer
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Answered on January 19, 2017
Yes, they can attach the lien. Speeding tickets, and any other kind of criminal fine, cannot be discharged under 11 U.S.C. 523(a)(7).
Archived
Can you counter file something to prove false allegations against you in a TRO?
Thomas's answer
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Answered on January 06, 2017
You should prepare a declaration that you sign under penalty of perjury stating the true facts, and attach any documents which will support your...
California: Malicious Prosecution
Thomas's answer
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Answered on January 06, 2017
Look up the interim adverse judgment rule. It provides a defense to a malicious prosecution claim on the basis that in the prior case there was a...
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Archived
Excusable neglect & setting aside default judgment in CA.
Thomas's answer
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Answered on January 06, 2017
It's not a valid basis for setting aside a default. It sounds like you have a clerk's entry of default, not a default judgment, and 473 lists...