adjusterjack

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adjusterjack last won the day on January 18

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  1. Good reason to read the CC&Rs and see if there is an attorney fee provision. GG should also look for an arbitration provision as it might eliminate the possibility of a lawsuit.
  2. If you don't like it your option is to find another place to live upon expiration of your lease or attempt to negotiate something more favorable in order to renew.
  3. I suggest a common sense approach. Send your brother written notice that if he doesn't pick up his stuff by such and such a date you will dispose of it all either to a charity or in the trash or a combination of both. When the deadline date passes, get rid of it all. Meantime, make a photographic inventory of all the items just in case.
  4. That's because Personal Property coverage is Named Perils and the Windstorm peril has the following limitation: This peril does not include loss to property contained in a building caused by rain, snow, sleet, sand or dust. This limitation does not apply when the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening. There is no similar limitation on Building coverage which is why the damage to your flooring is covered. No back up?
  5. OP purports to have a law degree yet asks vague questions about constitutional issues without naming the issues. I'm calling troll on this one. Engage him at the risk of wasting your time with useless argument.
  6. No way to predict. I've read a lot of posts where cheap old cars are not repossessed at all. Plan for the worst, hope for the best. Next time you send an email, say this: If you want to try doing it yourself there are many "how-to" resources online: https://duckduckgo.com/?q=do+it+yourself+conversion+from+chapter+13+to+chapter+7&t=h_&ia=web And all the official forms are at the bankruptcy court's website. http://www.uscourts.gov/forms/bankruptcy-forms
  7. I can't address the percentages but if you go to court and they are wrong my educated guess is that the judge will just award the proper percentages since reducing the percentages will be of no harm to either you or the defendant since you would only have been entitled to the proper amount any way. You can google "New Jersey usury law" for more information.
  8. Nice. How much?
  9. It is abundantly clear that you are in over your head and need a lawyer or you are guaranteed to lose this lawsuit.
  10. Your extra payments have probably reduced your balance, you just don't know how it works. If you would like to understand how it works, please answer each and every one of the following questions exactly as written. All of the items will be found on your purchase/loan contract so please look at it and give me accurate answers, don't guess. 1 - The date you bought and financed the car. 2 - The exact amount financed. 3 - The interest rate. 4 - The monthly payments. 5 - The number of months shown. 6 - Your current "amount owed" or "balance" as shown on your latest monthly statement.
  11. The statute is in the CA Civil Code Section 1946.1 which says: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1 While you may be correct in your interpretation, by staying and paying rent beyond the 10th you negated your 30 day termination notice and started a new rental period. CA Civil Code Section 1945: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1945.&lawCode=CIV The landlord is entitled to another month's rent from the date you should have given a new written one month notice. Since you didn't give the required notice be thankful he's only going for the month of December. If he figures it out, you could end up owing for January, too. As for the wear and tear issue, if you can prove that the seats were in poor condition upon move in or that they just weathered from normal exposure on the patio, you could probably win on any charges for the furniture. Here's the security deposit statute, too: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5 As you are probably aware by now, you have the option of suing in small claims court for whatever amount you think you are entitled to. No way to predict how it turns out but I do think you might have a problem based on Section 1945.
  12. That's up to you. Just understand that your filing and process service fees might come pretty close to what it would cost you to send back the package for a refund. And if they don't show up you get a default judgment. Then what do you do to collect? Of course it's illegal but just saying that isn't going to get you your money back nor is anybody going to jail for it. Something being illegal doesn't stop people from doing wrong. Sorry, I don't know how you can fix this but I can tell you how to prevent it in the future. Get yourself a credit card from Bank of America. BofA has a service called Shopsafe. When you order online you generate a temporary credit card number that's good one time for the amount of your purchase and expires the following month (or later, if you choose). If an online merchant tries to use that credit card number again or for a higher amount it gets declined. Citibank has a similar service on its credit cards. If you had used something like that the first time you ordered from PCH they would not have been able to charge your card again.
  13. A - Yes. B - Yes. The reason you are at fault can be found in your Condo Unitowners Policy. Coverage A - Building contains the following exclusion: Coverage B - Personal Property includes the following "peril" (cause of loss): You did not maintain heat. You did not shut off the water supply. Therefore, with regard to any structural damage to your unit or damage to your personal property, you have no coverage. You might not have had any control over shutting off the sprinkler system but you certainly had control over maintaining heat in your unit. However, with regard to any damage that your negligence caused to anybody else's property and/or common elements of the association, the liability section of your policy should protect you against the claims of others.
  14. Your homeowners insurance might cover the damage and loss of food.
  15. Fill out this report of injury and hand it to your boss. Keep a copy. http://www.dir.ca.gov/DOSH/DoshReg/Form5020.pdf If he still won't file the claim with his WC insurance company, contact the CA worker's comp regulatory agency. They will help you get the claim filed. http://www.dir.ca.gov/dwc/InjuredWorker.htm