Amy H. asked
In 2001, I signed a confession of judgment with a promissory note for a company I was parting with. The note is in default if any payment is past due and has an acceleration clause stating the entire amount is due upon default. The clause also waives diligence, presentment, protest, demand, and notice of every kind, and the right to plead any statute of limitations as a defense. The documents are bound by California law, and I understand that section 360.5 of the civil code prohibits indefinite waiver of the statute of limitations (SOL). Since the documents were executed in 2001, payments stopped in 2004, and there has been no acknowledgment of the debt or actions from the company, do I have a safe defense using the SOL?
December 22nd, 2023
Ronald L. answered
The court would likely throw out the waiver clause as being contrary to the law, meaning it would no...
December 22nd, 2023
Create an account to view answers and interact with the community!
What is a defense warrant, and what are the legal implications of a landlord seeking eviction, defense warrant, and civil lawsuits in a commercial tenancy situation? Additionally, what are the steps to handle a situation where the sheriff's department has seized bank accounts and property under a right to forfeiture, and how does this relate to potential criminal charges?
August 31st, 2024
Is it worth pursuing a small claims court case for $500 owed from a freelance video editing job, considering the time and costs involved, and what are the potential outcomes of sending an attorney's letter or letting the matter slide?
January 21st, 2023
Dispute with a friend who will not talk to me. We are looking after some of their property because they did not have storage space. He has some of mine on loan. Where do we stand in terms of relocating the property respectively when he will not speak with me? I do not want to make more of this than need be. I would rather lose my property than sue him to get it back. However, I do want to have their property removed from my dwelling.
June 29th, 2023
PayPal disclosed my account balance and email address to another PayPal account holder, limited that person's account because they thought she was me, and continued to harass her despite having proof of our separate identities. What can be done regarding this privacy breach, and what legal actions can be taken against PayPal?
April 13th, 2023
My husband left me last November and is now with another married woman in Arizona. He wants to send me divorce papers and has offered $1000 from his $8000 401K to pay off my title loan for my van. How should I tell him he should be sending more money before I sign the divorce papers?
September 20th, 2023
