Santa Cruz County California, can I file EJ-130 writ of Execution to have the judgement debtors's credit card used to pay me?
Frank's answer
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Answered on June 27, 2018
No, a credit card account is a debt, not an asset. Either the sheriff or a registered process server can serve the writ of execution. At the time...
Archived
Will the Court allow a trial to begin even with significant discovery issues?
Frank's answer
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Answered on June 27, 2018
Yes, the trial date is usually firm. This means that the trial will proceed, even if none of the parties conducted any discovery or took any...
Archived
In San Diego California...is it legal to require the person you are taking to collections to pay the Collection Services fees?
Frank's answer
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Answered on June 27, 2018
Maybe, if the lease or rental agreement includes an attorney's fee provision which states that in the event if litigation, the prevailing party...
Archived
US Dist Court, versus [County] Superior to file suits against ____________ ?
Frank's answer
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Answered on June 27, 2018
The differences between federal and state courts are distinguished mainly by jurisdiction (meaning the kinds of cases a court is authorized to...
Archived
Tenant yearly lease ended and she refuses to sign new one, can I raise the rent?
Frank's answer
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Answered on June 27, 2018
Yes, ou can increase the rent, subject to any limitations impose by the Los Angeles Rent Stabilization Ordinance if the dwelling is subject to rent...
Landlord tenant How can I prove I wasn't served with a Summons and Complaint in a U.D. matter.?
Frank's answer
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Answered on June 27, 2018
It is not that that the courts will side with the landlord but the fact that there is an evidentiary presumption (CA Evidence Code section 647) of...
Archived
Can my employer tell me what day/time I can/cannot cash or deposit my paycheck?
Frank's answer
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Answered on June 26, 2018
No, this would violate California Labor Code section 212, which requires the paycheck to be negotiable and payable in cash, on demand, without...
I am a plaintiff in pro per. Would a court allow me to have a friend who is not an attorney present at trial to advise me?
Frank's answer
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Answered on June 26, 2018
No, the court will not allow a non-attorney to be present in court with you to advise you. This would constitute the unauthorized practice of law...
Archived
I have a tenant that moved out of his apartment. A new tenant has moved in. I do not know the person. The old tenant is
Frank's answer
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Answered on June 26, 2018
If the old tenant moved out, you should not continue to accept rent from old tenant. You should immediately consult with a local attorney,...
Archived
Can my employer legally give me pay stubs that don't include what money is being taken out of my check?
Frank's answer
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Answered on June 26, 2018
No. Pursuant to California Labor Code section 226(a), every time you are paid your wages, whether by check, in cash, or otherwise, you must be...
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