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Recent Restitution questions

Was arrested in 1999 in Texas for check fraud ($37.00 check)

Was arrested in 1999 in Texas for check fraud ($37.00 check) it wasn't on purpose but unfortunate circumstances I forgot restitution due to father passing. Went to jail from a warrant then court it was dismissed with restitution. I paid court fees and costs but now I just found out there is a Capias Pro Fine Warrant (OCA Line 3) issued in 2006 I left Texas in 2001. Why was it issued? How do I get this handled without going to jail and back to Texas? What do I do?

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CalAttorney2

Attorney

Doctoral Degree

20,132 satisfied customers
Felony charged due to psychotic break; what is my best deal?

I had a psychotic break and during my hallucinations I broke out a church's antique stained glass windows. I was charged with felony vandalism to a place of worship. They offered me a plea deal where the felony will be discharged under the GA 1st offender's act , but I have to pay $27,000 in restitution, serve 5 years on probation, and 100 hrs of community service. I have had a history of mental illness but was officially diagnosed after this incident occurred. Is this plea bargain the best I could hope for? The only reason I caused any damage to the church was because of my psychotic break. I would never do such a thing intentionally. I'm now stable and on medication.I was arrested, charged and arraigned. And offered the plea deal.I have police reports that include witness accounts of me hallucinating and in the middle of psychosis. And I have doctors and psychiatrists records.

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TJ, Esq.

Juris Doctor (JD)

10,864 satisfied customers
I recent to court to get mi tenants evicted for non-payment

I recent to court to get mi tenants evicted for non-payment of rent.The judge ruled in my favor and ordered eviction by 9/18.Today I received the following letter from the court."The cause came on for hearing on Sept. 13,2016,before the Judge,upon the complaint and the evidence,the defendant(s) being in default of an answer or other pleadings,although duly served with process and appearing in Court to defend the claim.The Judge,being fully advised in the premises,finds the plaintiff is entitled for immediate possession of the premises described in the complaint.It is therefore ordered that the Writ of Restitution may issue immediately,effective 10 days from said issuance,but in no more than 30 days from this date.Further,it is ordered that rentalsmay be accepted by the plaintiff without prejudice.It is therefore the order of this Court that judgment be the same is hereby rendered infavor of the plaintiff,and that a Writ of Restitution may issue pursuant to the above,with all costs incurred herein assessed to the defendant(s).What does all this mean? Does this "Writ of Restitution" is legal document to collect back rent?Thanks for your help.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
Scenio: Elder Financial Abuse in California: My Mom named my

Scenio: Elder Financial Abuse in California: My Mom named my brother on her savings and checking accounts years ago in case something happened to her. She made several loans to my brother with the mutual (verbal) agreement of him paying her back. Eventually he took over her accounts - changed them to online statements without her permission and she could no longer see the account activity. (she does not use a computer). She later went to the bank and got paper statements and changed it back. He asked once in a while if he could borrow money after that, but eventually he stopped asking and just starting transferring money at will. My brother took her retirement savings of 200,000. down to 300 dollars from 2011 to 2015. As soon as she closed that savings - he started transferring money out of her checking account. He also owes my Dad 25K but my dad has a promisory note and my mom does not. What is my parents recourse (he owns a 2 million dollar house). Any advice would be appreciated. He will not willingly pay them back and does not have the cash flow to pay them back. Please advise as to options and recourse.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
I was the victim of a road rage incident Sunday 9/11 by a

I was the victim of a road rage incident Sunday 9/11 by a tax cab driver in which he purposefully hit my car doing over $3000 damages. Police officer came upon aftermath of the scene 2 minutes after and filed a police report. Man charged with reckless driving and unsafe movement. Man followed me after I left the scene in fear of my life with my 4 yr old child screaming in the back seat as had rammed my car into the curb and pinned us so we couldn't move. Rolled down his window cursing in arabic or something calling me a "bitch" and I thought he might have gun so when light change to green a gunned the gas pedal and drove 500 feet to entrance of sub-division and blocked entrance so he couldn't follow me. Cop came upon scene 30 seconds later.Can I sue the taxi cab driver if the company on tape admits the driver being a contractor for them? Sue the driver too? There were no injuries thank god. This happened in Apex NC.

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LegalKnowledge

Juris Doctor

30,430 satisfied customers
I won my case in court but the judge didn't give me the

I won my case in court but the judge didn't give me the total amount of money I'm owed in rent and damages what can I do?

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NYFamilyAttorney

Licensed Attorney for 36 years

JD

946 satisfied customers
Okay I am back I was scamed out of 5,000.00$ from a man in

Okay I am back I was scamed out of 5,000.00$ from a man in Texas, want to know what to do

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LegalKnowledge

Juris Doctor

30,430 satisfied customers
I was injured in a car accident in which i was hit by a

I was injured in a car accident in which i was hit by a drunk driver (i was not at fault), im being represented by a lawyer but im concerned my auto insurance will increase even though the accident was not my fault. The driver also hit and run, i dont yet know if he is insured. How can i find out if my insurance premium will go up? And if it would is it too late to drop the lawsuit/retract injury claim bc i dont want a premium increase that i cant afford.

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Ray

Lawyer

Doctoral Degree

35,840 satisfied customers
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.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
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