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.
Monday, January 5, 2009
Legal Eaze #18 Dust/ Credit Card Theft
Originally Printed: March 23, 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. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
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. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
Sunday, January 4, 2009
Legal Eaze #17 Water Runoff/Animal Regulation
Originally Printed: March 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. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
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. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
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.
Legal Eaze #15 Fireplace/ Community Property
Originally Printed: February 23, 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. Recently we had our fireplace replaced, only to find out that it smokes and leaves soot on the masonry. All of our attempts to contact the manufacturer and have the problem fixed have been unsuccessful. What do we do?
A. Did the manufacturer install the fireplace or did you have someone else install it? It is possible that the installer did not follow the manufacturer’s instructions, in which case it is the installer who needs to fix the problem rather than the manufacturer. If the manufacturer provided the installation as well, you need to find out how much it would cost to fix the problem and have an attorney write a letter to the manufacturer, specifically requesting the amount it would cost to fix the problem so that you can hire your own repair person if the manufacturer refuses to fix it. If the attorney letter is ignored, then you should sue the manufacturer in Small Claims Court, if the amount is less than $7,500. Small Claims Court is very informal and the fastest way to get results in court without an attorney.
Q. I have read somewhere that California is a “community property” state. What does that mean?
A. It means that when you are married, you develop a community estate during the marriage. Both spouses’ income is considered community property, that is, each spouse is entitled to half of the income made by the other. If you purchase a house during the marriage, each spouse owns half of the equity developed during the marriage. Same goes with a car, furniture, stocks, bonds, jewelry and various other assets. Each party is also liable for the debts incurred by the family. However, such debts are not necessarily divided in half if a divorce eventually is granted because it depends on the income of each party and which party incurred each debt, as well as which party the debt benefited. Generally speaking, both spouses are entitled to half of everything that was acquired during the marriage. However, certain assets could be considered separate property if acquired with inherited or bequested money. An inheritance or bequest is separate property of the party who obtained it through death of a family member.
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. Recently we had our fireplace replaced, only to find out that it smokes and leaves soot on the masonry. All of our attempts to contact the manufacturer and have the problem fixed have been unsuccessful. What do we do?
A. Did the manufacturer install the fireplace or did you have someone else install it? It is possible that the installer did not follow the manufacturer’s instructions, in which case it is the installer who needs to fix the problem rather than the manufacturer. If the manufacturer provided the installation as well, you need to find out how much it would cost to fix the problem and have an attorney write a letter to the manufacturer, specifically requesting the amount it would cost to fix the problem so that you can hire your own repair person if the manufacturer refuses to fix it. If the attorney letter is ignored, then you should sue the manufacturer in Small Claims Court, if the amount is less than $7,500. Small Claims Court is very informal and the fastest way to get results in court without an attorney.
Q. I have read somewhere that California is a “community property” state. What does that mean?
A. It means that when you are married, you develop a community estate during the marriage. Both spouses’ income is considered community property, that is, each spouse is entitled to half of the income made by the other. If you purchase a house during the marriage, each spouse owns half of the equity developed during the marriage. Same goes with a car, furniture, stocks, bonds, jewelry and various other assets. Each party is also liable for the debts incurred by the family. However, such debts are not necessarily divided in half if a divorce eventually is granted because it depends on the income of each party and which party incurred each debt, as well as which party the debt benefited. Generally speaking, both spouses are entitled to half of everything that was acquired during the marriage. However, certain assets could be considered separate property if acquired with inherited or bequested money. An inheritance or bequest is separate property of the party who obtained it through death of a family member.
Legal Eaze #14 Evicting/ Child Support
Originally Printed: January 26, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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 have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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 have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
Legal Eaze #13 Road Rage
Originally Printed: January 12, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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. This is about road rage. I was on my way home at 9 p.m. and came to a stop light at Tucker and Valley Boulevard. A big Ram 3500 truck was following me very closely and actually hit me in the back as I was waiting to make a right turn on Valley Boulevard. I moved the car into the first parking lot available while the truck was still behind me. I got out of the car to check and make sure there was no damage, but there was a lot of damage. There was a huge dent right in the middle of my trunk where his front grill imprinted itself. As I approached the driver of the truck who had not yet opened his window, I shouted I needed to see his driver’s license and his insurance card. He then opened his window and started screaming at me on the top of his lungs, calling me foul names and saying that I had no business driving so slowly on city streets. I was totally taken by surprise as I got off the 58 and was driving at a speed considered safe while driving in sleet and rain. I became scared because he appeared to be a big man totally out of control as he started to open his door. I thought he was going to attack me. As he was still screaming at me, I ran back to my car and drove away. Now I have a huge dent in the trunk of my car, and am angry about what happened. What do I do?
A. You failed to tell me whether you wrote down his license number. Tucker and Valley Blvd., is a pretty busy corner, wasn’t there anyone around? Do you have a cell phone? If you do, that was the time to use it and call the police immediately. This man was at fault. He apparently scared you out of getting the information you were entitled to. I am not sure why so many people feel invulnerable when they get into their big truck or SUV, and are literally ready to kill or drive over anyone who does not drive fast enough. First, you need to report this to the police, then report it to your insurance company. They will investigate the incident. If you did not write down the license plate number, you may be out of luck. If there is a next time, do not run away. Just sit in your car, call the police and write down the license plate number and take note of any characteristics the offending vehicle may have.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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. This is about road rage. I was on my way home at 9 p.m. and came to a stop light at Tucker and Valley Boulevard. A big Ram 3500 truck was following me very closely and actually hit me in the back as I was waiting to make a right turn on Valley Boulevard. I moved the car into the first parking lot available while the truck was still behind me. I got out of the car to check and make sure there was no damage, but there was a lot of damage. There was a huge dent right in the middle of my trunk where his front grill imprinted itself. As I approached the driver of the truck who had not yet opened his window, I shouted I needed to see his driver’s license and his insurance card. He then opened his window and started screaming at me on the top of his lungs, calling me foul names and saying that I had no business driving so slowly on city streets. I was totally taken by surprise as I got off the 58 and was driving at a speed considered safe while driving in sleet and rain. I became scared because he appeared to be a big man totally out of control as he started to open his door. I thought he was going to attack me. As he was still screaming at me, I ran back to my car and drove away. Now I have a huge dent in the trunk of my car, and am angry about what happened. What do I do?
A. You failed to tell me whether you wrote down his license number. Tucker and Valley Blvd., is a pretty busy corner, wasn’t there anyone around? Do you have a cell phone? If you do, that was the time to use it and call the police immediately. This man was at fault. He apparently scared you out of getting the information you were entitled to. I am not sure why so many people feel invulnerable when they get into their big truck or SUV, and are literally ready to kill or drive over anyone who does not drive fast enough. First, you need to report this to the police, then report it to your insurance company. They will investigate the incident. If you did not write down the license plate number, you may be out of luck. If there is a next time, do not run away. Just sit in your car, call the police and write down the license plate number and take note of any characteristics the offending vehicle may have.
Subscribe to:
Posts (Atom)