Title: October 3, 2007
Q. What is the statue of Limitations?
A. The word is spelled “statute” rather than “statue”. A Statute of Limitations is a law setting forth the maximum period of time after certain events have occurred for legal proceedings based on these events to begin. In many law systems, these legal provisions are part of the civil code or criminal code. For example, in our common law system, we might have a statute limiting prosecution of misdemeanor crimes to two years. In other words, if someone is discovered to have committed a misdemeanor offense 5 years ago, he or she cannot be prosecuted for it because the Statute of Limitations has run on that offense. The same goes for a civil case. If you have a car accident caused by someone else, you have only a certain period of time to sue that other person for any injuries or damages you suffered. The period of time you have to file a lawsuit is called the Statute of Limitations.
Q. Do you have to be an American citizen to file a Small Claims Court action?
A. No. No one will check your citizenship or immigration status to file a claim.
Q. I was personally served with an Order of Examination prepared by a lawyer to appear in Court. I just started a new job and if I take the day off to go to Court, I might lose my job. This is about an old debt that I have been unable to pay because of my unemployment. What happens if I don’t go?
A. The Court will issue a warrant for your arrest. It is a Court order and you must obey it. You need to inform your new employer that you must appear for the examination and that you do not have a choice in the matter. If you do not appear, you will eventually get arrested and brought to Court by the police.
Q. Just before our separation, my husband added my name to the home loan to help build up my credit. Now he refuses to pay the mortgage and just wants the house to be foreclosed on. I am living with my parents now, and cannot afford to pay the mortgage. What can I do?
A. You need to file an Ex-Parte Motion with the Court in your divorce action to force your husband to pay the mortgage. Time is of essence. The family residence is a community asset, and if there is equity in the house, it must be preserved in order to divide that equity fairly between the parties. Your husband’s actions are unfair and selfish.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label court order. Show all posts
Showing posts with label court order. Show all posts
Tuesday, March 24, 2009
Monday, January 5, 2009
Legal Eaze #19 Child Support/ Home Purchase
Originally Printed: April 20, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My ex-husband has owed $754 of ordered child support since February 1998. He also owes for two years of ordered day care charges totaling $540. He refuses to sign an interspousal grand deed on a piece of property awarded to me in our property settlement in 1997. What is my best course of action?
A. With regards to the back child support and the day care charges, you need to go into the same court that granted your divorce on an Order to Show Cause (OSC) and get the court to order arrearages to be paid through an assignment of your ex-husband’s wages. As for his refusal to sign the interspousal grand deed, you can double up on the same OSC and obtain a court order to the effect that the clerk of the court should sign your interspousal grant deed in order to get the property in your name only. Once you obtain your court order, you must find out who is in charge of signing your deed and how much it costs. You did not indicate where the property was located and what court granted your divorce. Every county has a different person in charge of signing deeds when the spouse who must sign refuses to do so, is deceased or cannot be found. However, the procedure is the same in every county. This is a fairly technical motion, so I advise you to contact an attorney to handle it for you.
Q. My husband and I made an offer to purchase a home about two weeks ago. We have not heard a word from the seller since. What’s the hold up and what can we do?
A. I simply do not have enough information to give you advice. Was your offer made to a real estate agent representing the seller? If so, contact the agent. Time is of essence in this hot real estate market and once an offer has been made, a response must come forth with a “yes” or “no” or a counteroffer. If you made your offer directly to the seller, then contact the seller. I presume no escrow has been opened and no deposit has been paid. It is possible that another offer was made at the same time as yours and the other offer was accepted. Nevertheless, you should be informed one way or another. You should not sit on an offer for two weeks, and this length of time tells me that either the house has already been sold or the seller is not very serious or some other major reason like an illness has gotten in the way. Patience is not necessarily a virtue here.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My ex-husband has owed $754 of ordered child support since February 1998. He also owes for two years of ordered day care charges totaling $540. He refuses to sign an interspousal grand deed on a piece of property awarded to me in our property settlement in 1997. What is my best course of action?
A. With regards to the back child support and the day care charges, you need to go into the same court that granted your divorce on an Order to Show Cause (OSC) and get the court to order arrearages to be paid through an assignment of your ex-husband’s wages. As for his refusal to sign the interspousal grand deed, you can double up on the same OSC and obtain a court order to the effect that the clerk of the court should sign your interspousal grant deed in order to get the property in your name only. Once you obtain your court order, you must find out who is in charge of signing your deed and how much it costs. You did not indicate where the property was located and what court granted your divorce. Every county has a different person in charge of signing deeds when the spouse who must sign refuses to do so, is deceased or cannot be found. However, the procedure is the same in every county. This is a fairly technical motion, so I advise you to contact an attorney to handle it for you.
Q. My husband and I made an offer to purchase a home about two weeks ago. We have not heard a word from the seller since. What’s the hold up and what can we do?
A. I simply do not have enough information to give you advice. Was your offer made to a real estate agent representing the seller? If so, contact the agent. Time is of essence in this hot real estate market and once an offer has been made, a response must come forth with a “yes” or “no” or a counteroffer. If you made your offer directly to the seller, then contact the seller. I presume no escrow has been opened and no deposit has been paid. It is possible that another offer was made at the same time as yours and the other offer was accepted. Nevertheless, you should be informed one way or another. You should not sit on an offer for two weeks, and this length of time tells me that either the house has already been sold or the seller is not very serious or some other major reason like an illness has gotten in the way. Patience is not necessarily a virtue here.
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