Archived
Hi, My client wants a refund of $150 but he cancelled the project. The contract states that the deposit is non-refundable.
Frank's answer
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Answered on May 28, 2015
If the written contract says the deposit is non-refundable, then you probably have a viable defense in the event you are sued in small claims...
Archived
My former landlord says i did $11000 in damages to the house,
Frank's answer
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Answered on May 28, 2015
It sounds like your former landlord is making up a story. You need to be served before there can be a judgment against you. Also, there would not...
Archived
Many landlord law violations. Send demand letter to landlord re: full deposit now, or wait until I receive list of deductions?
Frank's answer
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Answered on May 28, 2015
At this point, you are speculating as to what the landlord will do. You should wait until 21 days have transpired after you moved out before you...
Archived
Can a civil cause of action be precluded if the plaintiff sued me for the same thing last year?
Frank's answer
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Answered on May 28, 2015
No, unfortunately you cannot defeat the current small claims lawsuit merely on the grounds that the prior small claims lawsuit was dismissed, since...
Archived
How can i save money if i plan to hire a attorney in the future? Can i learn to do some of the legal work like documenting
Frank's answer
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Answered on May 28, 2015
What you need to study or read will depend upon the nature of the anticipated lawsuit. There is a plethora of self help available on the Internet....
Archived
My inlaws recently bought our house and there is back dues owed & the lawyer keeps tacking on more $ on now up to 18401.
Frank's answer
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Answered on May 28, 2015
You are personally liable for payment of HOA dues. California Civil Code section §1367.1(a) provides: "A regular or special assessment and any...
Archived
My partner and I purchase our house 4 years ago and recently split. I'm in the process of buying him out. How do I go about it?
Frank's answer
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Answered on May 28, 2015
If you are unable to agree on how the sales proceeds should be distributed (even after trying a mediation), then one of you may have to resort to...
Archived
Can I. File bankruptcy and include a judgement in it
Frank's answer
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Answered on May 28, 2015
Yes, if you file a petition for bankruptcy, you can have the HOA judgment discharged by including that judgment on your schedules.
Archived
Statute of limitations for CA once a debt is closed by creditor, being sued
Frank's answer
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Answered on May 27, 2015
The action does not appear to be time barred. The statute of limitations for breach of written contract under California law is 4 years from...
Archived
What is the statute of limitations for breach of contract?
Frank's answer
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Answered on May 27, 2015
In California, the statute of limitations for breach of oral contract is 2 years, and 4 years for breach of written contract. There are some...
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