In California does a check equal a written contract - If I loaned someone $1,000 with a check and no written contract?
Frank's answer
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Answered on May 18, 2011
No, the check is only documentary evidence of the oral agreement. However, you might have a shot at winning a small claims lawsuit because the two...
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New corporation when my current corporation is being sued?
Frank's answer
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Answered on May 18, 2011
No. You need to be really careful here, and hiring an attorney may be wise if this is your planned course of action.
If the new corporation is...
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Writ of attachment
Frank's answer
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Answered on May 18, 2011
Either a Chapter 7 or Chapter 13 bankruptcy filing will temporaily stop the levy on your bank account(s). However, if you file for Chapter 7, the...
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Can I dispute a judgement against me for a real estate fraud case from 2006
Frank's answer
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Answered on May 18, 2011
Not likely. It depends upon the facts of how you discovered that you had a judgment against you, and when this discovery happened.
Generally...
Can my landlord charge me for another whole month rent if I moved out on the 3rd of the month and not the first?
Frank's answer
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Answered on May 18, 2011
If you moved out three days late, you should only be responsible for 3 days' rent. However, since you indicate that you did not return the pass...
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As sole leaseholder do i have the right to evict a sub leaser who has signed no contract with me or the landlord,
Frank's answer
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Answered on May 18, 2011
Yes, you have the right to evict the sublessee in an unlawful detainer lawsuit. I agree with Attorney Koslyn's response.
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Notice to vacate
Frank's answer
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Answered on May 18, 2011
If the tenant does not leave on the date specified in the notice, and assuming the landlord does not accept rent from the tenant, the landlord may...
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Debt collector berkely
Frank's answer
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Answered on May 18, 2011
That is true. The best way to proceed is to sue in small claims court. If you win the case, you will also be awarded the court filing fee and the...
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Should I take this short sale deal or go to foreclosure?
Frank's answer
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Answered on May 17, 2011
All other things being equal (such as tax consequences, and the fact that the HELOC is not willing to give you a release for the deficiency balance...
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My husband and his first wife bought 7+ acres with another couple. The gentleman's agreement was my husband would pay the note
Frank's answer
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Answered on May 17, 2011
In California, a "quiet title" action is used to establish title against adverse claims to real property or any interest in the property....
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