In California, how long do I have to appeal (motion to
In California, how long do I have to appeal (motion to vacate or reconsider) in an unlawful detainer case where landlord won a Motion for Summary Judgement. I requested an Ex Parte hearing for extension of time to file Opposition to Summary Judgement but was given same date and time as hearing for Summary Judgement, told by clerk (in email) wrongly (?) that judge wouldn't accept written opposition day before hearing and was not allowed to orally present all information I had with me written.
I am a landlord in the state of Florida..I am in the process
I am a landlord in the state of Florida..I am in the process of getting to the writ of possession against one of my tenants who owes me 3 months of rent due. My question isonce I get the writ of possession, how long is it good for before I call the sheriffs office & have them meet me at my rental unit to escort tenants & their stuff out to the street.?This is because I am working with them to see if they can come up with some money before they are forced to move out.
I am mostly through my divorce in California - my ex and I
I am mostly through my divorce in California - my ex and I have managed to come to a settlement agreement. She is out of the country, and I want her to stay out of the country. Does she have to come back to the US to go in front of the judge? Or can she do everything from outside the US through her attorney?
An appeals judge at district level orders payments of rents
An appeals judge at district level orders payments of rents into escrow prior to appeal to circuit court who is responsible to ensure payment is made.The circuit court claims no responsibility and allows anyone who pays the filing fees to appeal
This is an amendment to my prior question in regard to what
This is an amendment to my prior question in regard to what options I have as a defendant in a small claims judgment where the plaintiff did not appear and a default judgment was issued. The plaintiff has made a motion to remove the default judgment. The hearing of this motion is scheduled for 5/18/2016. Is there anything that I can do to challenge this motion and cancel this hearing date before 5/18/2016. His reason for making the motion is that "(he) mixed up (his) date at trial ...".Thank you.Robert Holbrook
I have been a part of a Small Claims case past
Hello, I have been a part of a Small Claims case for the past 10 years. I lost the initial case and have been taken back to court twice to produce statements of assets. I have consistently made payments for the past 10 years, though admittedly during various periods of unemployment, the payments were reduced by mutual agreement between both parties. In June of 2015, I lost my job and experienced a long period of unemployment. In July of 2015, the other party approached me outside the court system with a request for a lump sum payment. We offered a small settlement, but had no response. I recently have been served with an Order To Produce Statement of Assets and to Appear for Examination. Can you help or direct me to where I can find someone to help me resolve this issue? It was my understanding the Statute of Limitations on all Small Claims cases was 10 years.Thank you
My mom was involved in a auto accident case in FL where she
My mom was involved in a auto accident case in FL where she lives. She had hired a lawyer who recovered $100k for her from the driver's insurance company (was very simple, just submitted a demand draft and was immediately paid the policy limit due to severity of her injuries). The lawyer later had to let my mom's case released due to 'conflict of interest' in the case. He also said he can't take any money or fees from us as its not allowed by the FL statue. He referred us to another friend of his who recovered additional money from our auto insurance company under UM. The second attorney claims that his contingency fee of 33% applies on the entire amount, including the first $100k recovered by his buddy - our first lawyer. How can he apply contingency fee on the recovery he didn't make? I asked him and he tells me Florida bar allows it. But on what basis it's allowed. I strongly believe he should not charge my mom fees on amount he did not recover. What do you have to say to this? Will appreciate your opinion. Thanks!
I have been using a debt relief service to negotiate
HelloI have been using a debt relief service to negotiate my credit cards since my income went down 40k in 2 years and a law firm for Discover sued me and subpoenaed me for a court date. I had legal help to file an answer when I was first sued. So my court date was 3/15/16 and I took day off work and showed up prepared to discuss a settlement amount and the judge said she awarded a judgment against me the day before. I'm wondering why I was subpoenaed to appear 3/16 and the atty apparently went the day beforeIs that legal?Thank you