Archived
Can I submit an affidavit with the court to consider at an ex parte hearing if I won't be personally available?
Carl's answer
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Answered on June 02, 2017
In to the helpful advice of Ms. James, i would call the court to see if you appear via telephone using a service like CourtCall. Once you have the...
Archived
I was served a paper that said my husband was suing me for divorce. it came in the mail. how long do I have?
Carl's answer
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Answered on June 02, 2017
I'm moving this to family law instead of the litigation category.
What you describe does not sound like valid service. Service by mail, if...
Can a stop a garnishment if I never received a single letter or court summons?
Carl's answer
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Answered on June 01, 2017
I agree with Mr. Kelly and have some additional comments and options for you. You never got notice of the lawsuit, but they creditor was able to...
Archived
For filing a dismissal of appeal AP-oo7, which office to turn it in to? Appeals doesn't accept it.
Neither does Civil...
Carl's answer
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Answered on June 01, 2017
It sounds like you are either using the the wrong or not filing it in the correct court. You need to read the instructions on the form: "File this...
Archived
Defendant not available on appeal, defendant attorney wants me to pay tab
Carl's answer
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Answered on June 01, 2017
I agree with my colleagues that commented about your question not making sense. You need an attorney to sort through this.
Archived
My Chapter 7 bankruptcy was discharged in 6/2008. Can discharged creditors still harass me?
Carl's answer
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Answered on June 01, 2017
What you are described sounds like a discharge violation and should be brought to the attention of the bankruptcy. The judge could potentially find...
Archived
Bankruptcy breach of contract. California.
Carl's answer
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Answered on May 31, 2017
The general rule is that a judgment on a contract claim does not prohibit a creditor from filing an adversary proceeding to claim that the debt is...
Archived
What if I file an answer after 30 days?
Carl's answer
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Answered on May 31, 2017
Substitute service is an acceptable form of service. By filing the answer, you waived any defect in the service. So long as the answer was on file...
Archived
Does filing a demurrer to a defendant's answer mean that I am agreeing to the facts stated in that answer?
Carl's answer
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Answered on May 31, 2017
When ruling on a demurrer, the court has to assume the facts in the pleading as true. You aren't admitting the facts, the court is just assuming...
Is it worthwhile to file a demurrer to an answer when both the original answer and complaint are unverified?
Carl's answer
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Answered on May 31, 2017
Demurrers to answers are extremely rare and generally a waste of time. Even if granted, the judge will almost always grant leave to amend the...
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