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L
What are the chances I will owe my sister money that our deceased brother lent me?
The "legal what if" is that a loan without an expressed/fixed maturity date is due and payable within a ''reasonable period of time".- Litigator22
- Post #9
- Forum: Probate and Personal Representatives
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L
Can I claim against car shop findings that car is in working condition?
Just curiously, but how do you account for the absence of any mention in your first post of car shop #2 having confirmed car shop #1's purported finding of an "electrical issue"? Also, since it appears that car shop #2 made no charge for its alleged corroborating diagnosis why didn't you take...- Litigator22
- Post #14
- Forum: Consumer Contracts, Guarantees and Warranties
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L
Daycare Legality
You want to talk about "fundamental principles? Try this one: "No state shall . . . pass any law impairing the Obligation of contracts." Article 1, Section 10, Clause 1 United States Constitution.- Litigator22
- Post #16
- Forum: Starting and Operating a Business
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L
Divorce settlement issue
Unless you and your ex are willing to fully cooperate in disposing of the subject property, you are left with but two legal alternatives. Option one. You can attempt to secure an order of the court reopening the divorce case and thereupon have it issue such supplemental/augmented orders as...- Litigator22
- Post #6
- Forum: Divorce, Separation & Annulment
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L
Do I have Tenant Rights? San Francisco
Most perceptive observation, Z. And one that didn't pass my notice. However, please note that where I wrote "upon the death of the surviving parent", I did so advisedly. Why so? Because in California and a few other jurisdictions title to real property vests in a devisee/successor/ inheritor...- Litigator22
- Post #17
- Forum: Landlord / Tenant Issues
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L
Tenants chosing how to share rent (Los Angeles, CA)
Paron me for asking Richard, but what role does landlord tenant law play in this captivating monologue? I seem to have missed its legal essence. (Too absorbed in sorting out who belongs in whose boudoir I suppose.)- Litigator22
- Post #2
- Forum: Landlord / Tenant Issues
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L
Used car not as described in listing
defendant You lay this lame yarn on a judge - "it must be true otherwise why would I pay so much" - you are going to walk out of the courtroom not only empty handed, but with egg all over you! What's wrong with it you ask? I'll tell you what's wrong with it. It doesn't make sense! No normal...- Litigator22
- Post #9
- Forum: Small Claims Courts
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L
My dad and his wife want to sue my sister for car payments and unpaid tolls.
In theory her father has no more right to deny your sister's use of the vehicle than to arbitrarily seize any of her other worldly possessions! PROVIDED, that is, if she were to mount a cause of action challenging his actions by asserting her equitable remedy. That remedy would be to have the...- Litigator22
- Post #35
- Forum: Civil Litigation
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L
First time in small claims lawsuit - loaned $7,000 and ghosted
Justifying a creditor's decision to file for collection and opting to attend trial in a venue several states removed from that of the creditor's home state when both forums are empowered with the means of assuming personal jurisdiction over the debtor seems beneath discussion. Now on this issue...- Litigator22
- Post #28
- Forum: Small Claims Courts
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L
First time in small claims lawsuit - loaned $7,000 and ghosted
Water under the bridge I suppose, but seemingly you are unaware that instead of filing your claim in Ohio you could have taken advantage of Texas's Long Arm Statute. Meaning that you could have filed your lawsuit and sought to have its merits adjudicated in your hometown and not in the...- Litigator22
- Post #26
- Forum: Small Claims Courts
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L
Severe Harassment from neighbor
Here's some help: First read this: Law section (ca.gov) Then call here: ACLU of Southern California 1313 West 8th St. Los Angeles, CA 90017 (213) 977-9500 Understand that we are very concerned as will be the ACLU people. And please keep us informed as the issue unfolds! Just remember to...- Litigator22
- Post #9
- Forum: Other Crimes – Federal and State
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L
On collecting money from debtor
"Pride is the mother of arrogance." (Toba Beta) fini- Litigator22
- Post #27
- Forum: Debt Collections
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L
On collecting money from debtor
So, you claim to have successfully engineered "a perfectly timed bank account levy" thereby snagging your judgment debtor's entire paycheck, right? It makes for a magniloquent story but having practice law at the nuts-and-bolts level for over 40 years I'm hesitant to believe it. For one...- Litigator22
- Post #23
- Forum: Debt Collections
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L
Is this fraudulent transfer?
Your cup does indeed runneth over! However, the supply exceeds the demand.- Litigator22
- Post #20
- Forum: Debt Collections
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L
Is this fraudulent transfer?
I don't know why the need to discuss a wage earner's exemption. Nothing you've reported that I recall suggests that the debtor is claiming it. But for whatever and for numerous obvious reasons - given the circumstances you've related - FS 222.1 SIMPLY DOES NOT FIT! Clearly, by definition in...- Litigator22
- Post #15
- Forum: Debt Collections
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L
Is this fraudulent transfer?
- Litigator22
- Post #12
- Forum: Debt Collections
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L
Is this fraudulent transfer?
With all due respect your opinion as to the burden of proof in this instance differs from Florida's unique Proceedings Supplementary * Briefly, on motion and affidavit the OP as judgment creditor has the ability to secure from the court a Notice to Appear directing the judgement creditor's wife...- Litigator22
- Post #9
- Forum: Debt Collections
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