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LegalwriterOne

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LegalwriterOne last won the day on January 11

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  1. Other than a first-time drug offense or an under 21 DUI, convictions cannot be expunged in Hawaii.
  2. If this arrearage is owed to the mother of the kids, the case won't be closed without her agreement. At this point, it's her money. If it's to reimburse welfare, it's up to the state.
  3. Are you talking about stopping collection of past-due support?
  4. Get married first and start saving money for an attorney. Dad has the absolute right to challenge any effort to terminate his rights so you know you will be in for a fight. It's best that it's your husband with whom you've established a stable marriage who seeks to adopt rather than a fiance.
  5. Why not take a friend with you and have them walk to the car with you? She has every right to not turn her child over to a stranger.
  6. You still haven't said if they have filed suit against you or are just calling and demanding payment. If they're just calling, send the letter as I told you above. That will stop the calls. You can dispute the charge through the credit bureaus. Since you said the other person's name was the same as yours, the company probably did a skip trace on your name and your SSN came up so they assume it belongs to the debtor. The other possibility is that the other person has borrowed your identity. There's no way to know and you can't sue the collection company because they got wrong information. If they sue, you defend.
  7. For what? You can dispute the charge through the credit bureaus. You didn't say if you were sued for the debt or what state you are in but under the Fair Debt Collection Practices Act (FDCPA), debt collection agencies must stop contacting you after receiving a letter requesting that they quit. Send them that letter. After they receive it collectors may only contact you to acknowledge receipt of the request, to tell you their efforts have ended or to tell you that they are suing you.
  8. The landlord serves with you a 3-day notice to pay rent or quit. The notice should specify the entire amount owed. You don't pay or move within those three days, the landlord then files an unlawful detainer action with the court. See https://www.courts.ca.gov/selfhelp-housing.htm
  9. So you're going there to meet and just sitting in the car?
  10. A demurrer is a challenge to the face of the complaint alleging that it fails to state a cause of action. There's very clearly a cause of action. An answer addresses things you disagree with or have a defense to.
  11. There's no basis for motion to strike or a demurrer. You do need to move out quickly--like yesterday. You can file an answer regarding her demand for rent when she wasn't the owner of the home and had no claim to it but the last thing you want is an eviction entered against you.
  12. Since you are not married, he's not the father until the child is born and he or you pursue a paternity action in court. You DON'T have to talk to him and assuming you are IN California, I'd suggest getting a new phone number in the meantime. Whether you continue your pregnancy is entirely up to you. When somebody shows you who they are, believe it.
  13. Even if the bill passes, the law won't go into effect until next year. If you can't afford to hire a private attorney, then ask for a public defender.
  14. You should get a lawyer. Talking to the prosecutor yourself is rarely a good idea. They are not your friend. You are currently looking at a potential 6 month jail sentence and $1000 fine.
  15. Nope. The appeal doesn't have any effect unless the entire sentence was stayed pending appeal which I doubt is the case.
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