Archived
I hired a bankruptcy lawyer and paid a flat fee. I'm behind on payments and the lawyer said she won't file answer motion to dism
Carl's answer
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Answered on January 23, 2017
The answer to your question depends entirely on what your fee agreement and local court rules say. In my area, opposing a motion to dismiss would...
Archived
Does anyone have a sample Motion to Quash a Bank Levy under Writ of Execution?
Carl's answer
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Answered on January 22, 2017
I can't say that I ever recall hearing of a motion to quash a bank levy in California. However, a quick Google search for the term "motion to quash...
Archived
Can I repeat requests for admission in a subsequent request if the original response was lack of knowledge
Carl's answer
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Answered on January 22, 2017
Request for Admissions ("RFA") aren't particularly useful in California limited civil cases. If you used them in an unlimited civil case, hopefully...
Archived
Where do I file Malicious Prosecution?
Carl's answer
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Answered on January 19, 2017
Malicious prosecution actions are highly disfavored in California, expensive and difficult to win. If he he still harassing you, there is always...
I was denied a auto sales license through the California DMV. How can I appeal? What are the chances of a successful result?
Carl's answer
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Answered on January 19, 2017
The are probably relying on Section 11806(d), which reads as follows: "A cause for refusal, suspension, or revocation exists under any provision of...
My chapter 13 case was dismissed. Can I change attorney to refile?
Carl's answer
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Answered on January 19, 2017
You are free to change attorneys if you want.
Archived
Do "Motion to avoid liens" usually work?
Carl's answer
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Answered on January 16, 2017
You haven't provided enough facts, but I will try to answer your question.
If this is a voluntary lien like a mortgage on a house or a lien on...
Archived
Can an ex husband get a mortgage loan modification without his Ex wife signature ?
Carl's answer
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Answered on January 16, 2017
This is usually done during a refinance, not a loan modification. The ex-wife signed a promissory note to borrow the money too. The divorce decree...
Archived
Do I have the responsibility to pay for my partner's debts?
Carl's answer
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Answered on January 16, 2017
Unfortunately, you have discovered one fo the risks of doing business as a partnership. The general rule is that all of the partners are liable for...
If my sister commits fraud, embezzlement & grand theft against me, can she claim bankruptcy to avoid repaying?
Carl's answer
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Answered on January 16, 2017
If your sister filed for bankruptcy, you would need to file a lawsuit in bankruptcy court called an adversary proceeding. Under Section 523 of the...
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