What Civil Code Can I Cite in Order to Win My Appeal?

I successfully sued a defendant in LA County Superior Court, small claims, regarding a default on a promissory note that the defendant had signed while living in Long Beach, CA. I moved this judgment to the civil court in the state county where the defendant now resides and won a judgment there as well. It took over 2 years and about 700 in attorney fee and court costs to collect on this judgment. A provision within this promissory note stated that the signee is responsible for all reasonable attorney fees and collection costs in the event of default. As such, I took the defendant to small claims for these fees and costs, but at different LA County Superior Court location (the LA County Superior Court in Long Beach no longer hears small claims cases.) The case was dismissed since the defendant was served out-of-state and this serving did not fall within Civil Code 116.340. I want to appeal this decision, especially since the precedence to serve the defendant out-of-state had already been set by my first case. What grounds can I claim or what civil code can I cite in order to win my appeal? Read More …

Should I Pay More Money?

I am employed as a nurse by a hospital in Iowa where my family has a bill of approximately 000-8000. I signed up for payroll deduction planning to “chip away” at the bill. The folks at the business office were more than happy when I first signed up, & it continued smoothly for several years. 0.00 per month (5.00 from each check, every other Friday) was deducted. I received an email from the folks at the business office on 8/05 asking that I allow more to be deducted. So I agreed to allow a total of 00.00/month to be deducted (0 to clinic, 0 to hospital). Recently, in 12/05 a business office employee called me at home on an afternoon off & asked for me to allow more to be deducted that at 00.00/month it would take 13 years to pay, and that next it would be sent to third party collections. I replied with “no” the next day as 00.00/month seems sufficient. They replied, saying that it was not sufficient & again mentioned collections. Somewhere in the conversations they also offered an application for a patient assistance program that would lower the total bill, but I don’t believe we will qualify for it. I agreed to complete those forms, but I haven’t received them yet. I also replied giving my permission to decrease my clinic deduction to 0/month & increase hospital deduction to 0/month, keeping the total at 00/month. Their only response to that was, “We’ll be in contact upon receipt of the financial assistance forms.” So, I guess my question, somewhere in all that jibberish is, with my regular “payments” of 00/month, and with the regularity in which they are receiving my money, can they actually send it to collections or threaten to do so, or should I pay more money? Read More …

Can He Change the Original Agreement After I Have Already Signed?

My ex-husband is buying me out of the home and vehicles that we currently co-own. He had agreed to pay me a lump sum contingent on the approval of a home loan. He got approved for the loan. His lawyer drew up the paperwork, I signed and notarized it signing over the deed to the house. Now that he is approved for the loan (just because the bank appraisal came in a little lower than expected, but it usually does), my ex has decided he doesn’t want to pay me the money we agreed on based on the appraisal ( he wants to pay me much less). He is borrowing 129K. The appraisal came in at 190K. I am not going to agree to this. Can he change the original agreement after I have already signed the deed over to him and signed the titles to the vehicles as well?. His lawyer is holding everything in escrow until he pays me. Is this ethical? Read More …

Can We Write a Letter to the Board of the Club Advising Them of Our Intent to Let the Membership go Back to Them?

We paid 000 for partial ownership in a community health club in 2001. Our annual dues are approximately 400 per year. Since our children are now grown we no longer use the facility. We can’t find anyone to take over our ownership/membership. Can we write a letter to the Board of the club advising them of our intent to let the membership go back to them? Again, we are willing to forfeit our ownership and lose our 000 investment so we don’t have to continue paying the dues. Read More …

Do I Have a Case for a Lawsuit, and is There a Possibility That I Would be Reimbursed for the Costs of the Case and the Deposit?

This past year, I considered having a surgical procedure performed, but first I had to be given two evaluations to determine whether I would even benefit from the surgery. I decided against going on to have the surgery. This year I found out that a deposit which I had paid for the sake of these evaluations, and which I had thought (based on what the surgical-center staff told me) to be refundable if I were to decide against the surgery, is refundable only if such a decision is made before the second evaluation, or if that evaluation shows me to be an unsuitable candidate for the surgery. I probably would not have even considered the surgery, had I known that this is the case, and nothing in the information that the surgical center gave me says that it is. The deposit cost 40. Since this presumably would be less money than the fees of a lawyer who might take my case, my question is: Do I have a case for a lawsuit, and is there a possibility that I would be reimbursed for the costs of said action, as well as for the deposit? Read More …

Can We Get Our Down Payment of ,000 Back from the Company Since We Cancelled the Service?

We gave Factory Direct a down payment of ,000.00 on July 11, 2013, for the installation of a deck to my above ground pool. We are in our early 60’s and retired so we decided not to get the deck. The salesman said we had 3 days to cancel. We called to cancel about 10 days later. Now the company asserts that we cannot get our money back because we did not cancel the service within the 3 day period. Can we get our down payment of ,000 back from the company since we cancelled the service? Read More …