Title: December 6, 2006
Q. Can you please give me the definition of an apartment and the building where it is located “fit for human living”?
A. Under California law, that typically includes:
1. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
2. Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
3. Gas facilities in good working order.
4. Heating facilities in good working order.
5. An electric system, including lighting, wiring and equipment, in good working order.
6. Clean and sanitary buildings, grounds, and appurtenances (for example a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents and vermin.
7. Adequate trash receptacles in good repair.
8. Floors, stairways, and railings in good repair.
In addition to these requirements, each rental unit must have all of the following: a working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room that is ventilated and allows privacy. The kitchen must have a sink. There must be natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation. Safe fire or emergency exits leading to a street or hallway. Stairs, hallways and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials. Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows. Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.
Q. Can a creditor levy your checking accounts and how much notice do they have to give you?
A. The first notice you may get is from the bank stating that your entire account is frozen, and unless you can get to the bank immediately or fast enough, the bank will release the money in the account to the creditor. The creditor cannot garnish 25% of your wages and levy against the full amount of your bank account at the same time. You must object if that happens. You may be able to get the Sheriff to cancel the levy without a court order. Any bank accounts the creditor knows about are at risk.
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 creditor. Show all posts
Showing posts with label creditor. Show all posts
Monday, March 23, 2009
Sunday, January 4, 2009
Legal Eaze #16 Warranty Expired/ Bankruptcy
Originally Printed: February 9, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 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. I purchased a new construction home in September 2002 with a one-year warranty. Six months ago, the ceramic floor tile begun to creak and pop out in several places. The builder said the installer will be contacted, but he may not be able to get to me for several months due to the building boom. Who would expect to have to replace tile after two years? The tear-up and replacement, if a similar tile can be found, will be expensive. Is the builder still responsible although the one-year warranty has expired?
A. You must give a chance to the installer (probably a subcontractor) to fix the tile floor and replace the broken and/or missing tiles himself. Get the name, address and telephone number of the installer from the builder and contact the installer yourself to make your complaint. And keep complaining until he finishes the job. Whether there is a construction boom or not, the installer should make good of his own work. It sounds like the installer failed to install a proper foundation for the tile work. The builder gives a one-year warranty and after that it is up to the installer to finish the job properly, not the builder.
Q. What is the difference between a Chapter 7 and a Chapter 13 Bankruptcy?
A. A Chapter 7 Bankruptcy is a liquidation of your assets, if any, and a Chapter 13 Bankruptcy is a reorganization of your debts. A trustee is involved in both chapters, but each has a different job. In a Chapter 7, the trustee will make sure there are no assets to distribute to the creditors before the debtor can get a discharge. In a Chapter 13, the trustee will get a monthly payment from the debtor and spread the money among all creditors, paying aback a percentage of the debt owed to each creditor. Despite the fact that a debtor can only file for Chapter 7 Bankruptcy every seven years, the same debtor could file a Chapter 13 within seven years from having filed a Chapter 7 Bankruptcy.
Maxine de Villefranche is an attorney and civil general practitioner with 12 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. I purchased a new construction home in September 2002 with a one-year warranty. Six months ago, the ceramic floor tile begun to creak and pop out in several places. The builder said the installer will be contacted, but he may not be able to get to me for several months due to the building boom. Who would expect to have to replace tile after two years? The tear-up and replacement, if a similar tile can be found, will be expensive. Is the builder still responsible although the one-year warranty has expired?
A. You must give a chance to the installer (probably a subcontractor) to fix the tile floor and replace the broken and/or missing tiles himself. Get the name, address and telephone number of the installer from the builder and contact the installer yourself to make your complaint. And keep complaining until he finishes the job. Whether there is a construction boom or not, the installer should make good of his own work. It sounds like the installer failed to install a proper foundation for the tile work. The builder gives a one-year warranty and after that it is up to the installer to finish the job properly, not the builder.
Q. What is the difference between a Chapter 7 and a Chapter 13 Bankruptcy?
A. A Chapter 7 Bankruptcy is a liquidation of your assets, if any, and a Chapter 13 Bankruptcy is a reorganization of your debts. A trustee is involved in both chapters, but each has a different job. In a Chapter 7, the trustee will make sure there are no assets to distribute to the creditors before the debtor can get a discharge. In a Chapter 13, the trustee will get a monthly payment from the debtor and spread the money among all creditors, paying aback a percentage of the debt owed to each creditor. Despite the fact that a debtor can only file for Chapter 7 Bankruptcy every seven years, the same debtor could file a Chapter 13 within seven years from having filed a Chapter 7 Bankruptcy.
Wednesday, December 31, 2008
Legal Ease #1 Unemployment/Child Support/Identity Theft
Originally Printed: June 23, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
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