Legal Question in Civil Litigation in California
Repay not Repo
My legal issue is with a family issued Promissory note regarding purchases to be paid in monthly installments.
A personal factor is involved with angering certain family members to the point where judgement is not practiced.
All documents,checks,payments and proof positive that all loans have been paid in full, even evidence of an overpayment of approximately $3500.00.
However by illegal and underhanded means, property has been taken falsely and law enforcement deems the issue a ''civil matter''. Court papers are filed however the hearing is set in three months. I believe My property will be sold or damaged before I can prove ownership in a court of law. Any remedies available to prevent the illegal sale of anothers property? Also, in preparation for proving All payments our Accountant discovered several unauthorized and unearned payments to this family member for which a legal complaint will be filed. Question: Would this complaint be filed in criminal or civil court or as a cross complaint? Thank you in advance for your intelligent responses once again.
2 Answers from Attorneys
Re: Repay not Repo
YOu have to answer any complaints filed in this issue that have been served on you, and if you want to file a crosscomplaint, you may do so. This is a more complex issue to be handling without an attorney. Please call me and we'll discuss a fair fee. You must have an attorney protect your intersts. (310) 806-9237
Re: Repay not Repo
You need an attorney. I am an excelleng choice for this case based on my experience and I will forward my resume to you upon request -- email is [email protected]. You will need to get a lis pendens put on the property (this needs to be done by an attorney because the procedural pitfalls are everywhere and if even one aspect is done imperfectly, it will be ineffective and you will be liable for attorney's fees resulting in you paying thousands unnecessarily and the property being sold or diposed of). You will need to give me more precise facts of the fraud or deceit that is behind the theft. You will need to give me more facts related to the procedural context here. I mean, what court papers have been filed? When? By whom? What court? What is asserted? Etc. I would take the case on an hourly or possibly on contigency. I look forward to your reply.
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