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Questions on Abatement Law

The dictionary definition of the term abatement is suspension or cessation. The term abatement comes from the word abate which means to do away with something. This may be in whole or in part which can apply to things such as property tax, rent, child support etc. There are many questions relating to the abatement definition and abatement law. Some of the most common questions relating to abatement procedures have been answered by the legal Experts.

In California how can one make a plea in abatement?

In the state of California a defendant can bring a demurrer under Code of Civil Procedure section 430.10(c), which is a "plea in abatement". Demurrer means pleading in a lawsuit where the defendant objects/challenges a pleading filed by an opposing party.

What is meant by CADR abatement?

CADR stands for Collaboration and Alternative Dispute Resolution. It is a standard method of reducing litigation by bringing both parties together to mediate the dispute. Abatement on the other hand means to suppress or terminate something. Thus CADR Abatement translates to avoiding litigation.

How can a person request for penalty abatement from IRS?

One needs to apply for penalty abatement from IRS in a well-crafted way. To start with one must gather sufficient documents that justify reasonable cause for the delay. Secondly the taxpayer must know where his or her case is positioned within the IRS Administration. This will allow them to submit the penalty and interest abatement request in a proper manner. The interest abatement request must be prepared in such a way that it allows for settlement successfully either at the IRS collection level or other appeals level.

What is Rent Abatement?

Rent abatement is defined as the decrease or reduction in rent. Such abatement procedures apply when a person has to live in uninhabitable living conditions.

Does the law in California grant any compensation to employees who haven’t received their dues from their employer after being terminate?

California Labor Code Section 203(a) states that "If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or refuses to receive the payment when fully tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment”

What are one’s rights as a customer if a company has delivered services as per the contract agreement? Will hiring an independent inspector to assess the damage be helpful?

In case a firm hasn’t delivered services as per the contract agreement they would be liable for Breach of Contract. In most cases the individual or party can seek all the costs of the damages suffered due negligence and also compensation for the inconvenience caused. Hiring the services of an independent inspector would be helpful as he/she can testify at the trial apart from providing you with an expert report on the Breach of Contract.

Can a property owner be cited under nuisance abatement when he or she resides in a different city? What happens if such notices are sent to property which lies vacant?

Yes, the authorities have the right to cite a property owner for a nuisance irrespective of the fact whether he or she currently resides in the property. The authorities have an obligation only to mail notices to the address that the tax assessor has on file. When a property owner relocates to a different address it is advisable that they have their mails forwarded to the new address.

To summarize abatement means to reduce or decrease something. Abatement law applies to many aspects of our daily lives such as rent, child support, taxation etc. So if you are planning to file a case of abatement it would be wise to seek the help of Experts in this field.

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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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