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Recent Civil Code questions

I received a letter from Trident Asset Management, L.L.C.,

I received a letter from Trident Asset Management, L.L.C., based in Atlanta, GA, claiming that I owed $630 from a check that I had supposedly written out to a casino in Wetumpka, AL, to withdraw cash on December 2, 2011.I only received any information about this alleged debt from 2011 in August after I answered a call from them, after a month of them calling, thinking they had my number on a call list and I wished for them to remove it.After receiving the letter, which only stated the amount I owed and who the previous and current debt owners were, I filed a complaint with the BBB of Atlanta and sent Trident a certified letter through mail disputing the claim and expressly requesting a copy of the original check so I could verify its authenticity.They responded to the letter again telling me how I could make payments and that I had 30 days to dispute the claim, with a letter showing the amount I owed and the debt owners. They did not include a copy of the original check for me to verify.I have written to them with a certified letter, again stressing that I disputed the claim and demanded a copy of the original check.I also wrote to the Alabama Attorney General about this issue.Since I was never notified of this alleged debt until last month and they have yet to produce a copy of the original check, do I have any legal standing against them? Would I have to pay the debt they claim I owe?

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Attorney2

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I am a contractor in California. I signed a contract with a

I am a contractor in California. I signed a contract with a client in May 2016. The customer called and told me to hold off. I was only able to reach the client today 9/16/16. Client wants a refund. Am I entitled to the 10% down payment?

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legalgems

Juris Doctorate

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I live in an HOA. As of today they decided to make parking

I live in an HOA. As of today they decided to make parking in the alleyways behind our homes illegal. They have sent a non licensed vendor out today to paint the pavement red. There are no signs or notices indicating that work would be done. As of 12:45pm today I received a tow warning violation on my car stating that it was in the way of them painting the continuation of their red curb painting tomorrow and that if it is not moved by 9am it will be towed.Can they legally do this with no prior notice of work, no signage, not even a 24 hour warning on my car? What if I hadn't seen it or someone was out of town a day? This has nothing to do btw with any type of fire hazard.Can they tow it if I am in the car?

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Asad Rahman

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We did not realize unlike some other states, that in

We did not realize unlike some other states, that in California surveyors have a right to access land to conduct surveys.We wrote a letter to a neighbor who tried to order a survey that their surveyor would not be allowed to trespass. This was addressed and sent to the home owner not the surveyor. Also the surveyor never actually showed up.Is this considered a violation of the civil code?The reason this came about is the neighbor believes the lot line is inside our property. We had two independent surveys done from our side of the lot and know the neighbor is wrong.While a contractor was setting a string so we can see the lot boundary, this neighbor called the police who left promptly mentioning their time wasted. After that we sent the letter not to allow him or his surveyor onto our property. We have since sent a letter to the same neighbor indicating the surveyor is free to access our property but the neighbor keeps claiming we have violated the civil code.

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Law Educator, Esq.

Attorney At Law

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3 Q's for atty: Did I miss a step here in preparing for

3 Q’s for atty: Did I miss a step here in preparing for Small Claims in Calif? My trial is Thursday 9-8-16. i am still in progress on a few details. In listening to a couple of you tubes— there is mention that the judge will ask: Have you exchanged evidence? I do not have any witnesses, have not subpoenaed any documents. I thought I just brought 3 copies of my case presentation to court. I see that this link below says under 7.3: "Make a request to the Judge in Court to examine the documents before your hearing.” >>> Is this exchanging evidence? I assumed they get a chance to look at my presentation a few minutes before Trial, and I have a chance to look at theirs just prior as well. http://www.courts.ca.gov/partners/documents/smallclaimschecklist-en.pdf >>>I did not try to settle the dispute myself, or ask for mediation. I did send a demand letter to which they did not respond. There are special circumstances in this case which are explained below. I spoke w/ Small Claims advisors 2-3 times an this and they did NOT say i had to exchange evidence, try to settle the dispute myself or to ask for mediation >>>2. If I have missed a step in not tying to settle or mediate, can I postpone the trial at this late date? 2 days before? I do have a medical excuse. Here is a summary of this unique case: A minor, aged 13 willfully and maliciously started a fire in her backyard (on a hot windy day with fire warnings out) as she was angry at her parents. The mother called 911 and the FD put it out. The next day, the minor again started another fire— this time farther away on their property. The mother called 911 in a panic and the FD came out w/ 2 units to put it out again. Unfortunately it was a hotter windier day with major fire warnings— and the embers from the 2nd fire blew across a few hundred feet and created the Coco’s Fire in San Marcos 5-1-4-14. it burned for about 10 days, 2000 acres, over 40 structures and 10 million in property damage, and cost I believe 27 million to fight. My rental unit was spared but burned all around 4 sides and up to 25 feet on 2 sides. My health was damaged by inhalation of ash as I cleaned up (despite precautions like a HEPA filter and a respirator) and continued to live there where it stunk for 8 months and was black ugly and charred for over a year. Damages: I have spent over 35K but am just asking for 10K as it is Small Claims. I have labs that show I did not have high levels of Arsenic and other heavy metals before the fire— and 8 labs to show very high levels of arsenic after the fire. A Dr has written a letter saying it appears my health has been damaged as a direct result of the fire and I am at risk for cancer because of this. Other supporting medical dignoses, etc for resulting damage to my digestive system. As it was a felony— I do have a Minute Order from Juvenile Court for 27,000.00— but as she is a minor— it will not go into effect until she can earn a living— at which point I may not still be alive. The parents have not paid each victim the required 15-20.00 for the Juvenile Court to perform some sort of restitution process. From the Probation Dept in June 2015: "Revenue and Recovery told me that the money is distributed on a percentage basis and victims will not receive any checks until at least $20 has been paid by Cheyenne (and her family) toward each victim." Nothing has been paid to date. I have a court ordered apology letter (as part of the Restitution) from the minor where she admitted she started the fire and that my health was damaged and that she would "work towards paying me back." Here is what I am trying to argue in Small Claims Court— that her parents were negligent and that they should be responsible for her and for covering the 10 K I ask for, and now --not 10 years from now.. I have the two 911 calls the Mother made for the Court. She obviously knew that her daughter started the fire but did not admit it. The only access to the location of the fire was thru heir backyard— it is in a canyon) Fire Reports say “no suspects” — but thew Mother knew and protected her daughter. The Arson Unit had to come to find them a month later— they did not admit they started the fire. In You tubes of the trial for this 13 year old arsonist I will cite— the DA states that on the first fire the minor laughed about it to her sister. The parents knew and yet did not restrain this 13 year old the second day. I believe this shows negligence on their part. Their home did not burn, nor the view. Everything else in 200 acres is a war zone and has not recovered. This 13 yr old was a professional bike racer and 2 x while the fire was still out of control she competed— and also 67 times after the fire. I will cite case law on the responsibility of the parents. California Civil Code section 1714.1My presentation to the Court consists of these audio and video files, medical records, receipts, the minor's letter, court ordered Restitution amount of 29,000, (I believe the day before this trial she will have paid her debt to society as she has completed her 400 hrs of community service and will no longer be a ward of the Court) I know this allows me a judgement— but she has 11 million from 64 people to pay back— so there is little chance I will ever see this.I understand her parents are only responsible for 40K for the entire case involving 11 million and 64 victims— and ONLY if they are found to be negligent. No one else has made a civil case against them— no attorney wants to share the 40K w/ 64 people.Her parents have demonstrated that they and she are protected by law as she is a minor and have not made any sort of apologies to neighbors or accepted responsibility for the crime. They are wealthy ( a LLC communications company, and just spent the entire summer back east w/all 4 kids. (They postponed the trial b/c of their vacation.) These are the reasons I knew it would be futile to try and ask for mediation. it is because the parents have not made the court ordered 15-20 per victim, and their plans to Appeal any ruling by the Judge in Juvenile court that I did not try and settle the dispute. (Also— my health is damaged and it is all I can do to get through the day— I am a disabled senior already and have had to go on Food Stamps and Medi-cal.) Last week I went to the ER with my gut issues.>>>Any advice on whether or not I missed a step and if so— OK to postpone trial? 3. Or anything on the rest of the case— parents responsibility? Thanks

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Law Educator, Esq.

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What is the process for getting rid of personal belongings

What is the process for getting rid of personal belongings left after a legal UD eviction in the state of California? We have obtained writ of possession and the Sheriff's office has delivered the notice of eviction. We assume, knowing the sot of tenant she was, she'll walk out leaving a house full of refuse and junk - an old refrigerator, washer and a satellite dish. When can we dispose of this trah so we can begin repairs and clean up? Are we require to store any of it and, if so, for how long and under what conditions under Caliornia State Law?

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Maverick

Doctoral Degree

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I manage a property in Vallejo CA. I sent a 30 day rent

I manage a property in Vallejo CA.I sent a 30 day rent increase notice to tenant by certified mail.The mail was returned because the tenant refused it.What should I do to make the rent increase effective?

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Maverick

Doctoral Degree

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Still typing question. California, No. The rental contract

Still typing question.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: No.JA: Anything else you think the lawyer should know?Customer: The rental contract says that tenant will maintain yard and premises. We hired a yard man to clean up and deducted the $260 he charged from the $800 deposit. They are protesting. They have moved to Virginia.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This is California. It is not an employment issue.

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Ely

Counselor at Law

Juris Doctor

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If you 't settle community property in a divorce how can you

If you don't settle community property in a divorce how long can you wait to do it. So if I divorced six years ago can my x do anything now?

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KJL LAW

Juris Doctorate

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