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WHAT DO I DO IF I AM BEING SENT TO SMALL CLAIMS COURT , AND I FAILED TO ATTEND ON THE DATE ???
Alan's answer
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Answered on January 21, 2015
The court probably entered judgment against you. If that's the case, the fire department can now start seizing your assets and garnishing your...
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Archived
Can someone file an auto insurance claim after getting a small claims judgment?
Alan's answer
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Answered on January 21, 2015
There is nothing wrong with what the other person is doing. That party has an obligation to sue for the entire amount of damage you did. The...
Archived
IF A DEMURRER Is filed by 1 of 2 defendants and the #2 defendant joins in with #1, does this mean
Alan's answer
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Answered on January 21, 2015
Best plan: don't oppose the demurrer. Fix the defects (real or perceived) it describes by filing an amended complaint. You may do so as a matter of...
Archived
Is it possible for a judge to break up the JNOV by postponing some issues in the future in an effort to cause delay?
Alan's answer
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Answered on January 21, 2015
I think you misunderstand the law as regards your case. It is not reversible error for a judge to allow a jury to decide legal issues before...
Archived
Is it worth pursuing small claims case to recover $600 vacation rental fee for a place with nonfunctional fireplace?
Alan's answer
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Answered on January 20, 2015
It's certainly worth a shot, although there's no way to know whether you'll win. If neither the vacation rental or the defendant lives in a county...
Archived
Can i get an opinion on a contract i typed out?
Alan's answer
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Answered on January 20, 2015
Absolutely. Retain an attorney to review it for you.
Archived
Would the following hold up in courts if I add witness signatures?
Alan's answer
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Answered on January 20, 2015
The release might hold up. The problem is that if either party has insurance, it almost certainly violates the terms that policy. In fact, it...
Archived
Can the removal of a State civil case to Federal Court based on "diversity" be remanded back to State Court?
Alan's answer
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Answered on January 20, 2015
Yes. If the parties are not diverse and there is no federal question, the US District Court will return the matter to state court.
Archived
Is it true the Superior Court Clerks in California no longer send out a notice of entry of judgment to both parties?
Alan's answer
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Answered on January 20, 2015
The prevailing party should send a Notice of Entry of Judgment to the losing party in order to cut off appeal rights.
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Archived
If I type up a release agreement and do not use an attorney or notary, will the signed agreement be held up in court?
Alan's answer
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Answered on January 20, 2015
This is a bad idea, and it's not because of the lack of a lawyer or notary. If your insurance company is paying the other driver, s/he should not...
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