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Sean Michael Patrick

Sean Patrick’s Answers

1,108 total


  • I've been sued by Capitalone for the amount of 5100.00

    I got served a summon on 08/10/16 .So I have 30 days to respond.

    Sean’s Answer

    These collection attorneys count on you doing nothing and getting a default judgement. An attorney can protect your interests and /or help negotiate a settlement of appropriate.

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  • How can I see or even talk to my children?

    Me and my husband have been living seperately for a little bit now, we currently do not have any custody or divorce orders pending, but I am getting ready to file them. My two daughters are with him and his family as of right now and he nor his fa...

    Sean’s Answer

    Although it sounds like you need to consult with an attorney in your area to go over your specific case, generally, you would need to file a case to establish the custody/visitation schedule.

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  • What type of atty do you need to sue airlines for public humiliation?

    While on board a major airline flight from NJ to LA, a male flight attendant who I had spoken to in a friendly matter while boarding, made me the butt of his joke while I was headed towards the restroom while seatbelt sign was on late into takeoff...

    Sean’s Answer

    public humiliation is not a recognized basis for a lawsuit in California. Unless something happened that forms the basis of a claim, you will not be successful in a lawsuit.

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  • My attorney stated I could not collect lost wages because I received payments from state disability, Is this true?

    My car accident happened in California. I received SDI payments while on a 9 month medical leave. I suffered a mild TBI. I will be on medication for life that cost $9000 per year. (paid by my employer) Commercial Truck Policy Limit: Unlimited. M...

    Sean’s Answer

    Generally if you can prove that you had actually losses, you are able to recover for those losses regardless if you received compensation from another source. This is known as the collateral source rule.

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  • Do I need a lawyer to obtain full custody of my child?

    I am trying to get full custody of my child. His father is not worried about custody and is not physically or financially there.

    Sean’s Answer

    You may not need one, but honestly sometimes even the most simple proceedings can get complicated. I would at least get a consultation to ensure you are taking the right approach.

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  • Can I still file for an emergency hearing for my kids?

    My children got removed from their mother by CPS and I was informed on Thursday and there is court on Tuesday. Can I still file for an emergency hearing on Monday to get my children?

    Sean’s Answer

    Mr Raysor is correct. If the hearing is Tuesday, it is unlikely that you will get in to court on Monday. Additionally, ex parte hearings (i.e. the procedure used for emergencies) are generally frowned upon by the court unless there is a real emergency. In this case, it is likely that even if you were able to get into court Monday, the court would deny the ex parte application since there is no real emergency. The court does not typically view removal of children for cause as an emergency. Further, the hearing on Tuesday provides notice to all parties, and will likely resolve the issues in a timely fashion. Consult with an attorney to ensure that your rights as a parent are adequately protected.

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  • My question has to do with civil procedure process regarding motions, including special motion 425.16

    I'm a pro per litigant. I served complaint on Def for defamation. Def responded through counsel on 30th day with Demurrer and MTS as ambiguous, Uncertain, etc., Hearing date has been set. While working on info to Oppose Demurrer and MTS, they se...

    Sean’s Answer

    Honestly, you should consider retaining an attorney. These motions can be procedurally complex and if done inappropriately can prevent you from moving forward with your case.

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  • My wife says shes got an attorney in sacramento california, were saperated

    We e have five children, she moved out, im willing to have joint custody but shre's refusing to have that she wants full custody nd shes gotcan attorney what are my chances of getting joint

    Sean’s Answer

    You should consult an attorney to assist you. Typically courts (and the law) prefer joint custody unless there are circumstances that would be detrimental to the child / children if joint custody is granted.

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  • I work for a company that doesn't allow me and other employees any breaks not even lunch most of the time.

    We all often work 11+ hours every day and it's back breaking work. we are not provided drinkable water and it is just not right that we don't get any breaks.

    Sean’s Answer

    You are ckrrect, it isn't right. You should consult an attorney here in Sacramento about pursuing your legal remedies.

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  • My girlfriend was riding in a Lyft, and there was an accident. She went to the hospital. Should she sue?

    Riding in Lyft. Collision at 40 MPH on 16th and Folsom, Driver had green light. Went to hospital with abrasions on chest and neck. Discharged. Stiffness and pain in neck.

    Sean’s Answer

    Yes. You should have her consult with an attorney sooner rather than later.

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