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Dissolve, surrender, or cancel! It is not enough to keep declaring your corp “defunct” if you have no intention of doing business under the corporation’s name and wish to stop receiving tax demands from California’s Franchise Tax Board or the Internal Revenue Service (or both). To close...

Sister States! It is very much legal! A judgment can cross not only county lines, but also state lines as authorized by the Full Faith and Credit clause of Article IV of the U.S. Constitution. So, a judgment obtained in California (for example) can be presented for execution to a Colorado...

Bigamy (v.) Bigamy First of all, the not-so-good news is that as things stand, both you and your second wife (TN marriage) have committed bigamy (but there are circumstances that mitigate the act), and depending on whether or not she knew you were still legally married, you both have also...

Become a Publisher! File a motion with the court for an order to proceed in the case by way of Divorce by Publication, which when granted, allows a party who cannot locate the spouse for service of process to instead publish the summons in a newspaper once a week for so many months in lieu of...

10% Fee! You pay a Bail Bonds person or business around 10% of the total amount of the bail and he is the one who puts up the entire amount with the court, and that 10% fee is his to keep and is not refundable. The bond would have been returned to you 100% upon appearance of the defendant if...

Quantum Meruit! As well you should! That clause flies in the face of the whole purpose and the basic principles of contracts and contracting and the language makes the instrument you are considering putting your signature to not a regular contract, but a Contract of Adhesion; the worst...

F.H.A., A.D.A., and H.U.D.! Even though it is private land, the complex is still subject to FHA and must provide parking spaces for handicapped tenants at no charge and also by designating certain spaces as disabled-only parking spaces. Inform the management people of their duties under...

1 Year S.O.L. in CA! First of all, your signature on the speeding ticket was in fact your promise to appear before a judge for arraignment in lieu of arrest and custody, a promise which you very wisely kept by appearing in court only to find that you are not in the system, and that is good news...

Pro Se in Tax Court? Ditto! Yes; of course you can represent yourself; in fact, everyone can self represent in any type of case and in any court of law. But you may want to hold on to your attorney for guidance until after depositions are taken and interrogatories are completed and...

Petty Theft! It sounds like Wal-Mart too has started a “cite and release” policy for its stores which is good news for all concerned; you, the police, the courts, and the taxpayer, by way of which you bypassed all the nastiness of going to jail and putting on an orange jumpsuit for taking a...

Civil and Criminal! You have been ordered to appear for a “Debtor’s Exam” under oath because the judgment creditor’s attempts to collect on the judgment previously entered against you have so far been unsuccessful and they want to dig deeper into your ability to satisfy the judgment. The...

Affirm or Disaffirm! In majority of situations, a contract entered into with a minor (a person under the age of 18) is a voidable contract except when the minor contracts (or buys) for life necessities such as food, school, clothing, and books. Apart from that, the minor can avoid the contract...

If the tenant has not responded to your notice to pay rent by the time you read this message, you are basically free to initiate Landlord Tenant Proceeding in the City Court, and you would be happy to hear that the state of New York is a bit quicker in pulling the trigger than California. The...

S.O.L. New York! For Medical Malpractice in the state of New York, action must be filed within thirty (30) months from the date the injury occurred and for malpractice based on the presence of a foreign object in the body of the patient, an action must be filed within one (1) year of the date...

Due Process! Yes, you will eventually have to go through the court system and the appropriate legal process in order to evict the tenant and re-enter your property, all of which is so that he is afforded his day in court per the Due Process Clause of the Fifth Amendment to the U.S...

Anti Eviction Act! A lease is very much a [binding] contract which basically conveys property rights to the lessee for the duration and the terms specified in the lease agreement, with the landlord (lessor) having a “Right of Re-entry” or “Right of Repossession” only on completion of the lease...

Small Claims? I am presuming that this was a small claims case. You can apply to set aside the judgment made at a hearing if: • You were not present at the hearing; • You were not represented at the hearing; and, • You had not previously written to the court asking them to decide the...

You have to commence a lawsuit! This means that the party in question has filed a timely opposition to the Notice of Lien Sale (or Auction) which compels you to commence a lawsuit by filing the required “Verified Complaint,” arguing why the sale/auction should proceed and that why you should...

No material breach! Can they sue? Yes. Do they have a case against you? No. Can they recover? No. If the entire original video was lost or damaged beyond repair, then you would have been liable to these folks for not only the refund, but also for all the emotional wear and tear and the...

You have 10 years! Well, you are taking all the right steps and having the problem appraised by an independent expert is a definite plus in your case. And should the expert’s report attest to the fact that the foundation is indeed sinking and that the job was done properly, then, of course you...