If you are seeking direction or legal information, please blog your request below with the understanding that Janet reserves discretion as to posting and/or editing the content of your question(s). Please also be advised Janet is unable to give you legal advise, via this blog site; nor would the posting of your blog in any way form an attorney/client relationship. Janet strongly recommends that you seek the legal advice of at least three attorneys licensed to practice in the State of California, in order to fully and completely answer your legal questions and concerns. If you would like to be referred to a Christian Attorney, please contact Janet’s office at (714) 444-2984.
JanetCarter.org
My question is that my Daughter and Granddaughter were living with us for 6 months while she was going thru a divorce. One weekend in Oct 2011 while my Granddaughter was visiting her father my daughter got mad and move out to what I know is a state funded Hotel in Norwalk,CA. Since then I have received a voicemail and e-mail telling that they both are alright. I don’t know if my Granddaughter is still with my daughter or is she living with her father in Canoga Park. If she is living with her father it is a apt. That has to be fumigated every month for cock roaches. Also the Father is living with his handicap mother that shouldn’t be handling the granddaughter. So either way I don’t know where she is. I have called several agency and even an attorney and running into a dead end street as far as Grandparent rights. My daughter doesn’t speak to me. What I am trying to find out is there someone or agency that can help me with the right to see my granddaughter. I don’t have a good relationship with the x son-law. Can you direct me into the right direction.
Hi Mike,
Yes that is a problem, but no there really isn’t any such thing as “grandparents” rights, unless children are taken into the juvenile court system, then grandparents have a certain standing as potential caretakers through that process. So the best you can do, is get on good terms with both parents of the grandchild in order to be able to see your grandchild. It appears as if you’ve already tried calling child protective services about your concerns, after that you really just need to pray for the child’s divine protection.
Thank you for your question!
Janet
Hello Janet,
God Bless you real good. I listen to your Sat. radio program as often as I can. It is really great the way you help people. My wife divorced me last year (final 12-07-2011) I didn’t want the divorce as a matter of fact I took 2 lie detector tests to prove I had not been unfaithful to her but she said I was a pathalogical liar could pass those tests. My question is: 20 years ago we bought our home for $385,000. I had it appraised for the divorce, it appraised for $705,000. I bought her out for 1/2 of $710,000 because she thought I was cheating her on the apprasial. I lost my job last Aug; haven’t been able to find another job. I’m 72 and a retired aerospace engineer.
I re-designed the cockpit of the Space shuttle. I know age is a big part of me not being able to find a job. Sorry, I’m getting off track. I’m probably going to have to sell my house. When I sell it, if I can get $700,000 for it do I have to pay capitol gains on everything over the $385,000 price we bought it for or do I have no capitol gains because we originally bought it for $385,000 then to buy her out I had to re-finnance and pay her $355,000 for her one half.
Hi Paul,
You really need to seek a tax advisor on your question, that’s not an area of practice for me.
If you need a tax attorney referral please contact my office.
Thank you for your question!
Janet
I need some guidance with regards to the question I asked. Thank you!
You should follow up directly with where you sent your paperwork to first, make sure they got it; and second, ask them when payment will be issued. Governmental agencies take a while to make payment.
Thank you for your question!
Janet
Hi Janet, let me first say thank you from the bottom of my heart for doing the great work of God and helping many people get free legal advice from a Godly educated woman. I among many others appreciate and am so grateful for all the time and consideration you put into this program. Ok so now onto my question, for the past couple weeks I have been bothered by a couple specific billboards posted in my home area by the american athiests group (atheists.org). The first billboard I noticed was on Beach blvd and westminster and it shows photos of Jesus, the devil, santa claus and I believe the tooth fairy. Then at the bottom of the photos it states “Which of these myths do you see”?, and below that it states “30 million people believe in myths like these”. I was to say the least offended by this and shocked to see that this billboard is not being protested at all. About a week later I saw another one of their infamous billboards and this was on my way home from work off the 55 south freeway, and this one stated “Tell your family you do not believe in God….and they might agree with you”. I just felt that second billboard was God telling me you need to do something about this it is not right that no one is standing up to these billboards and standing up for Jesus. It is not right that a group of people are able to post something that is offensive and degrading to another religion, while we as christians are not even allowed to post something as simple as a bible verse on a billboard without it being taken down minutes later by a group of people in a rage. I just do not like to have to look at this billboard on my way to work everyday and then again on my way home, I am personally hurt and saddened by this billboard because I know the true Jesus and these people obviously do not. Therefore, can you please let me know what you think my options would be to have this billboard taken down and how I should go about it. Thank you again for your time, and God bless Janet you are such a blessing to the community.
Hi Melisa,
Interesting! They have a first amendment right to rent the billboard on the one hand; but if you create enough havoc about it, the leasing company may wish not to renew the agreement to leave it up once the term has expired. You should do whatever God tells you to do including contacting the company who leased the billboard; protesting at the billboard with a group of likeminded people, etc.
I can also put you in touch with a firm that works on this kind of First Amendment law and see if they have any other ideas. Give me a call at the office for their contact info (714) 444-2984
Thank you for your question!
Janet
PLS do you have an exact location of these billboards? would like to be there to pray against these directly. we are praying for you & also those on the front lines so please also pray for us as these attacks cont. on Gods ppl & pray God turn this ANTICHRIST SPIRIT around for His Glory that these billboards will be bringing salvation messages instead Thanks to all for prayers In Jesus Name Amen! Pls let us know of the outcome.
ANTICHRISTPosted on 01/25/12 – 9:04 PM
Submitted by Last days
ANTICHRIST SPIRIT IS ON BILLBOARDS BLASPHEMING THE LORD. LORD SMITE BIND & REBUKE YOU OFF GODS PEOPLE FAMILY KIDS HOMES CHURCHES SCHOOLS COMMUNITIES NATION THE WORLD THE LORD SMITE YOU NOW
BY THE BLOOD OF JESUS YOU EVIL WICKED PERVERTED THING IN JESUS NAME & OFF OUR BUSINESS & EQUIPMENT. PRAISE YOU LORD AMEN is.54v17
Subject: AMEN!Posted on 01/25/12 – 5:11 PM
Submitted by Is.54v17
God expose the darkness BREAK DOWN THOSE WALLS OF WITHCRAFT & THE ATHEISTS so Your enemy will flee from us all those nosy busy bodies thwart the devils evil plan off Your ppl & This schizo NEIGHBOR LORD CONVICT THEM ALL OF UR SAVING GRACE DONT LET THEM REST TIL THEY GET RIGHT & FALL INTO THEIR OWN SNARE that you guide us to Your will x your Precious Blood PROTECT US FROM ALL EVIL & HARM THE OPPRESSOR IS SET FREE in the Last Days and we are to be aware of the devils deception, devises. NO WEAPONED FORMNED AGAINST US WILL PROSPER AMEN. Thank You
Janet,
I was divorced since 2000 w/ 3 little boys ages 2, 5, and 8 at that time because of abusive husband. Divorced was filed after an adviced from the church. I paid $95 K to buy out my ex-husband on the house we bought even though he was not responsible for house payment. Was ordered child support on 2004 $250/ kid and he did for short period and then totally stopped Jan.2009. I reported him in Virginia Beach Child Spport Services but they can’t locate him because he was out of the country.Now we are back in San Diego.How could he pay me back?
Another problem I have was on 2007 when I started having problem with my son, I met on 2006 a person who I thought was a true christian when he confessed he accepted Christ. I was so happy for him and unknowingly I was in the hooked and get married on 2007 in belief he does really loved me.I supported him in every way, he bought Mercedez Benz I thought he would be paying for it and never did, claimed was working in UCSD as clinical pathologist, chartered Int’l Lions Club that I got excited and put my church so we could do missions but he never give his pay. His excuses was his visa extension was still on process and never got his pay yet. I offered him petition but he declined. Year later, he said he was recruited at homeland security as forensic pathologist but then background investigation was taking so long.On 2009, finally he said he is supposed to report to Washington DC by Aug 25,2009. Few month before that date I asked him if I have to retire in my work to move to Virginia and he confirmed. I therefore retired in my county job in San Diego and relocated in Virginia w/ my kids and him. When we got there I found out he was just lying. I was about to kicked him out that time but after talking to his relatives, I gave him the 2nd chance. In hope that he will be truthful this time since we are living with my family, but his lies continued. He talked about jobs in the Navy and my Dad even helped him in completing his requirements, work w/ Life Net and found out this was all again lies. He doesn’t have a job and never gave me his pay, but I pay all our bills, his phone, the car he drives, gas and everything, freely spend money and take out money.Finally, me and my Dad talked to him and kicked him out of the house because he was just stealing money in our account.(bad mistake I put him in my credit card and bank account year after marriage). And with all these lies I came into conclusion he married me just for visa. Now he was hiding w/ expired green card, left me w/ $48K credit card debt and others I co-signed for him and even filed income tax of 2010 declaring single and got some refund when I myself got none. Worse is, I am being asked by Virginia Beach Tax Collector to pay $ 200 that was paid to him. I was told I have to pay because I was married to him. When I kicked him out of the house, I reported him to immigration in VA and when I called IRS they told me they will get that money back. I moved back in San Diego in October and still have not have the full time job, barely making for bills only and not even for our daily needs. I called some help from Christian websites for legal advice and I was told to file bankcruptcy. I believed it is not right in my conscience so I continued to pay only the credit card but not on properties. Is there any way to get him liable of what he did? Is there also a way that I could have our marriage annulled because of wrong reason and could he be penalized for that. Is there also a way that I could get away with this marriage since he was hiding without incurring financial burden. I need to remove his last name from mine so they will not be putting his legal issues in mine. Right now, I can’t do much as I am not financially able and the lawyer that I approached was asking for $3,000 retainer and I don’t have. The money I am receiving from my temporary work is just enough for our bills and I have no other means being a single Mom, depressed as i am, hopeless but I am trying to be strong holding on tight with God’s promise. Forgive me but even a Christian person as I am there are times I cried out loud asking God why! Several times I am in there at the end of the rope. I have big family but I never asked help financially to any of them, even during my divorce before that I have to have a baby sitter to be able to work. Last month December, there was a time I don’t even know where to get money to pay my bills. I am struggling but still hopeful in God’s promise. I’d been a bad Mom I believed that I got easily angry with my kids if they ignored my discipline and I yell at them. Please help me Janet… of what happened to me I know I looked so damned, easily trusting somebody. Reason it was not easy to ask any help because it does reflects my stupidity.This guy robbed me and my kids future. All my savings are gone, supposed to use for my son college. Thank You for your precious time and I hope to hear from you. I am so sorry! God Bless You and your ministry and please PRAY for me and my kids. Thank You! Ludi
Oh Dear!
Ok look, you got scammed, “divined” is what I call it in my book Control Freak. I’d love to send you one out for free if you’d send me your address.
What you need to do now, is take the hit of being played by the devil. Something was going on with you that caused you to be blinded by the enemy… stop believing his lies and please don’t go back to him no matter how nice he acts in the future. It’s time to rebuild your life depending on God, not on either one of these men to provide for you. Seek the Lord and how He wants to turn this situation around in your life. I know it’s hard to lose so much, and feel so stupid; I know the enemy wants to keep you depressed; that’s so you won’t dig deeper into your relationship with God to turn this situation around. You’ve got to tell yourself, “I ain’t goin down like that!” That’s what I did and it turned around. Send me your address and I’ll send you a book it will help. Also consider joining us on a Saturday night 7 pm @ at 45 Tesla in Irvine!
Janet
Thank You for your advice and you are such a blessing to many! Can I file uncontested divorce since he was hiding from the immigration I supposed and from me? and can I do it myself without attorney since I can’t afford any at this time. He left the house Nov.2010 and that is over a year now. Or you think annulment is better option.
Annulment is rarely the option; you just file for divorce, serve him and push your case through the system. In every family law courthouse they have “self help” center to give you the information you need to complete the process.
Thank you for your question!
Janet
Dear Janet,
My mother died over 2-1/2 years ago and didn’t leave a will, so her estate is in probate, with everything being divided equally between the 5 of us “kids”. Her condo was sold and the money was put into a bank account for future disbursement at the court’s order. Everything was going ok until the sibling who was named Executor of the estate started spending the money in the probate account without anyone’s knowledge. By the time we found out this was happening, the account was half gone. We had the account frozen and I was named account administrator in place of the executor, which has been a long and tedious process. Should the probate lawyer have taken an accounting a long time ago, and maybe noticed this before it became so bad?
The probate lawyer assigned to us has not been helpful at all; he doesn’t know what he’s doing most of the time and doesn’t communicate anything to us until we ask him – in some cases, we have to ask several times to get a response. Even then, his answers are unclear and confusing and usually leave more questions than answers.
One of my siblings is extremely skeptical of this lawyer and thinks we should get rid of him. I’m thinking it may be too late in the process, and would only cost us more money, but I’m really not sure how all of this works. Isn’t he appointed a certain fee by the court? Is there anything for him to be gained in dragging this out longer than necessary? Do we still have to pay him if he’s been incompetent?
The next step, according to this lawyer, is to fill out some more forms to be filed with the court. It seems like a never-ending process. He sent a “Probate & Fiduciary Bond Application” for me to fill out – but I have no idea how to answer many of the questions on this form; and the lawyer hasn’t given me any help at all. Is this bond a necessary thing? If so, is there somewhere I could go to get some advice on how to fill out the form?
Thank you for taking the time to read this, and thank you for your ministry! God bless you!
Yes, I’d get another lawyer absolutely, this isn’t right. If you need a referral give me a call at the office (714) 444-2984
Thank you for your question!
Janet
My son 35, was seeking visitation and the judge ordered it twice, the mother never complied. Then he was served in another court with adoption papers from the new stepdad to take my son’s parental rights away and allow the stepdad to adopt.
The judge did not follow due process, I bought the verbatim transcripts and paid an Atty who agreed my son’s rights were illegally terminated. So the judge was forced to vacate the motion. Costing me nearly $7000.00 to force the judge to follow due process. Now we are back to the trial of them trying to take my son’s rights away again. He has not done anything to lose his rights, the mother wont let him see his children.
So, we cannot sue the judge? if the judge followed the laws of due process and made a honest decision based on true evidence and not just hearsay I would certainly agree. But the judge did not follow the laws and therefore cost us and the children $ and emotional harm.
Is there any recourse when a judge blatantly ignores the laws put in place to protect the citizens of the United States?
Thank you,
Hi Judy,
Well you can’t sue a Judge, but you can report or make a complaint to the Judicial Council if you can prove misbehavior on his part, but that’s really hard to prove.
So I’d suggest that your son hires a lawyer competent in filing Contempt of Court proceedings against the wife. I can give you a family law specialist referral to help you with that, if you’d give me a call.
(714) 444-2984
Janet
Hello Janet.
Can you help me get more visitation time with my Son. I have incident reports of her aggressive bahavior, recorded messages of her speaking to our son refering to me by my first name, and reports of her not following court orders. Yet the judge does not find favor on me. i don’t know how to say what he wants to hear. My son wants to live with me, and told the midiator that he wants daddy more. As the judge read that the midiator said that we should keep everything the same till the mother and are at peace together i still can’t get favor. what am I doing wrong?
Thank you… Your Brother in Christ: Alex
Hi Alex,
Not sure what all is going on with your case, but you may need an attorney to help you state your case? I sure can help you with a Christian attorney referral, just give me a call at the office (714) 444-2984
Janet
Is mediation a good idea for a sextual harrasment case? We have a situation where the male senior pastor sextually harrased a female minister employee for 2 years. After the 2 years, the femail minister fall for the senior pastor for a short period of time and finally decided to get out of the situation and reported what happen to the church council. Unfortunately, most of the church council member are on the senior pastor’s side and treat her unfairly. The senior pastor’s wife and a son were spreading rumors that it is only an affair and the female minister is the one start the flirting.
They went through a mediation process but the process fell through because the female minister and her husband found out the paper they signed at the beginning of the mediation procss, one of the thing is surrender their right to sue. You can see the case become very ugly. Is mediation a good idea for a sextual harrasement case? Since it fell through now, what other option the female minister has?
Yes, absolutely!
Please call my office to see if we can coordinate this situation to help resolve this with the parties.
(714) 444-2984
Janet
Hi Janet.
I am in the process of trying to get divorced. My wife was having an affair and did not want to attempt to save the marriage. I hired an attorney and divorce paperwork was filed. There is no property, children, or any significant assets. A day after she was served the paperwork, she filed for an ex parte to request spousal support. My attorney attempted to contact her and explain that an ex parte is for emergencies only. The morning of the scheduled ex parte, she canceled. However, my attorney billed me for “preparing” for the ex parte. After just 2 weeks, my retainer ($3,000) was nearly spent as my bill was at $2,700. A spousal support was then agreed upon (which I have been faithfully paying since July 2011. Attempts were made to settle things out of court however an agreement could not be reached. After 6 months (including 3 months no contact from the other party on the last proposal), my bill had reached nearly $6,000. My attorney had not requested a court date nor did he file to have the marriage dissolved at the 6 month, 1 day mark. I met with several other lawyers but each would have required a retainer which I simply could not afford. So, I chose to go with a paralegal, a court date was requested, and I will now be representing myself in court.
I feel like I paid a lot of money and yet I had nothing to show for it. Would a complaint to the Barr association be warranted or suggested?
Hi Glen,
You’d have to take a close look at your bills to see if the work was really performed, if the charges for the work performed were excessive or unreasonable. However, you’d go to file a fee dispute with the Bar Association in your county, not the State Bar (at least not yet). The local Bar associations have a fee resolution dispute process for people in your position.
The other thing you may want to check with your wife and consider, is doing a mediation with my office. Its a lot faster and much much less expensive; and best of all NO COURT!
Call me if you think that may work and she’d be willing to participate as well
Janet
(714) 444-2984
Hi Janet,
My husband owned a business in 2009-2011 and we had a workers compensation policy through a payroll company that deducted the Workers Comp payment weekly. We recieved our end of the year audit for 2010, and completed it with no problem. I was told I would be notified of any premium difference (a positive or negative balance) within a few weeks in the mail. When I got my Audit determination there showed, what I thought, was a negative balance of $5000 (meaning they owed us). I called the 800 number on the letter to clarify, and the person I spoke with told me that was, indeed, a credit to the account. I requested they mail a check to me, instead of crediting the account, and they were happy to do that. About 3 weeks later, I recieved a check for over $8,000.00. Not thinking much about it, my husband cashed the check and re-invested it back into our business. 2 weeks after that, he recieved a phone call from the Workers Comp company saying they sent that check in error and there was not an $8000 credit, there was not even a $5000 credit. We actually owed them about $25 for the policy difference for the year. I never recieved a bill for this amount. I have gone back and forth with this company, as well as our insurance broker. In the middle of everything they turned the account over to a collection agency (though I think I have resolved that). A year later, we are still trying to come to some agreement. They inadvertenly refunded our entire Workers Comp policy to us. They would like all of their money back. We are no longer running a business and do not have the money to pay them, especially in the time frame they want. Are we liable for their accounting error? My husband and I really just want this to be resolved! Like I said, its been a year, and this is getting a little rediculous. I have contacted the CA DOI, but have not filed a formal investigation. Any suggestions would be appreciated. Thank you very much.
Hi Robyn,
Interesting! My first question is, did you take the time to do the accounting yourself to find out if you do owe all the money back to them? If you do, you should definitely just work out a way to repay the money since you had the coverage during the term of the policy. That would be the right thing to do. If the accounting is wrong, then make an agreement to return the money that is fair or correct for the same reason, its the right thing to do.
As to the spiritual issue is, why would you deposit an 8k check when you thought the refund was only 5k? That should have been a red flag right then.
My guess is you’re both being tested on this, and what I’d do is make it right (not looking for a way out of paying what is rightfully owed) so that you pass the test … and then of course, get promoted!
The reason its not clear what to do, is because you’re in a tighter financial situation; so that’s what makes it such a temptation not to do the right thing!
Janet
My husband and I have accumulated an IRS debt of over $60K since 2004. We are currently filing for BK Ch.7. Can our debt from 2004 and possibly 2005 be discharged? I was told there may be a possibilty of getting most of the debt removed if it’s 7 or 8 yrs. old and if we filed on time, which we did.
Hi Karla,
I think you really need to speak with someone who handles IRS problems; and to another Bankruptcy attorney.
Give my office a call at (714) 444-2984 and I can give a couple of referrals for that.
Thank you for your question!
Janet
Hi-My husband and I finished a chapter 7 bk in August, putting credit card debt and some mortgage payments and late fees from 2010 Into the package. We are to pay $950/month for 3 years along with our mortgage of $1900/month.
I’m ready to pursue a divorce and need legal advice from someone in my area of north county San Diego. I can’t afford to move out unless we sell the house, and I don’t want to stay in the house myself as there is work that needs to be done to get it sellable. My husband is a contractor and it makes sense for him to live there and do the work. If I do move out before the house sells, he would expect me to pay half of the mortgage and half of the bk payments along with rent, which I can’t afford. He doesn’t want to sell the house, and I can’t force him to as far as I know. Any
suggestions? I’d prefer a divorce free of drama, and I think he would concur. Thank you!
I’m ready to pursue a divorce and am wanting legal advice about selling the house
Hi Karen,
Why don’t you talk to him about mediating your divorce and you can ask him to buy you out of your community property interest in the house. That way you don’t have to pay for half the rent when you’re not working there because he’d be responsible for it all.
To learn more call me (714) 444-2984 or go to my Christian Mediation Link on the website
Janet
Dear Janet,
My ex-husband asked me last april if we could exchange our cars because for legal reasons he couldn’t use his (no green card no drivers licences) and he could export mine to Mexico. I accepted because I needed a better car ans his was a lot better than mine, the only condition I asked was that he signed a document staying that he was giving me the car with no obligation on my part, that I wouldn’t not pay anything to him for his car and that he would pay the remaining of the debt, we pay a notary to make it more official. We made the exchange in July, he exported my car and I keep waiting for him to finish paying his. He just paid the car, and now he has the title.
Last week we had an awful argument about our son’s education and since he got really upset with me he doesn’t want to give me the car’s title for me to put the car under my name. Can I do something legal to get the title with the letter I have notarized?
He lives in Mexico, he works in Mexico for now cause he wants to apply for a green card, can this affect him? a lawsuit may affect his intentions to move to the US?
Thanks,
Paola
Hi Paola,
Well, you can possibly go in under your old divorce case and ask the court to award you the automobile based on it being a community property asset that was not awarded in the previous family law matter.
Janet
Hi Janet,
My mom was in the hospital for a stroke (she’s lost some mobility in left arm and left leg and short term memory is sometimes “dreamy”) but she always knows who she is and who I am, etc. She was released home from the skilled nursing (which is a facility in the same hospital that is only supposed to be for 2-3 weeks max and she was there for 16 days). I got her home at 6:30 pm on Sat. night and by 10:30 am the next morning she needed to be changed 8 times (using a diaper) which included diarrhea on Saturday night. Her pain in her body was very high so I called the doctor and had her brought back to emergency by Monday 12:30 am because he had released her knowing she probably had bacteria in the colon and I asked him if he’d admit her to the hospital and he said no since his test results from Saturday afternoon weren’t back yet (he called on Sunday afternoon indicating she had the bacteria which was causing the pain and diarrhea. The doctor and Medicare discharged her on 12/13/11 into my care. Right before I went to mom’s room to get her, a social worker whom I had never met came up to me and asked if I’d hired a 24 hour care giver and I said no that I was going to take care of her at the house. She said she didn’t think I could (remember, she’s never met me before 2 minutes earlier) handle it and she was calling Adult Protective Services and I said I couldn’t stop her. Adult Protective Services stopped by the house when we weren’t there within 3 days of the discharge and left a message to call. They called again the next week and once more on 1/6/12. What is involved with Adult Protective Services who were contacted by an evil social worker who has no facts? What “rights” does Adult Protective Services have based on pure, untrue heresay? Thank you.
Hi Craig,
APS has similar authority as CPS (Child Protective Services), it is a County organization intended to protect adults, usually elderly. So I would be cooperative to the best of your ability. However, if you feel that they are mistreating your mother or yourself, I’d suggest you seek legal counsel if you think this person is overreaching. If you need a referral please contact my office (714) 444-2984.
Thank you for your question!
Janet
Janet, I spoke with you in November regarding my wifes involvement in a network marketing scam and the reactions and accusations she has against my objection. She continues to maintain on line relationships with men she says are friends and its a business relationship. I recently discovered she has been texting, emailing and calling her ex. she (of course) lied about it until I presented her call records to her, the she got upset and tried to throw it all back in my face. I found that she was texting her ex on christmas eve as we were celebrating dinner with other friends, I also read emails shortly after of their communication one from her telling him when it was safe to call. She stays on face book, chats on the phone and contiues to have online relationships with other me in the namesake of business. I feel this is inappropriate behavior and have said as much. When I confront her she says I’m angry and abusive. Am I over reacting? She makes no money from her pyramid scam, has a part time job cleaning apt complex makes 600 mo, enough to pay her car and insurance. All other bills and expenses (including cell phone and internet) are paid by myself. There is very little left in our relationship, no emotional support, no intimacy, no communcation. We attend church together and she comes off as a deeply committed christian to others. She spends time every morning on devotionals and deciples under one of the christian leaders in our church. She does not tithe, which I have spoken to her about, even with as little as she makes, she always finds resource for starbucks or other items she needs.
I need help Janet, I dont want to throw away my 2nd marrage, but I dont want to be used and cheated from happiness. Am I over looking something?
Hi,
I understand what you’re saying, but if you stay in this fake relationship, you’ll be even more hurt in the end. The reality is that you’ve only seen a tip of the ice berg, I’m sure her behavior is far worse than you’ve already discovered.
I suggest you see if she’s willing to go to pastoral counseling at your church, if not; you need to make a move away from this relationship. From my experience, the signs are all there, she’s left your marriage.
If you have a chance please give me a call to talk about the details of this situation further (714) 444-2984.
Janet
Hello Ms. Carter,
Thank you for your service. I will try to keep this mess as brief as possible.
(In California)
1982-1989 Father extends mortage on house by attempting to open businesses. One of the two was tried 3 times.
1989 Father filies Bankruptcy, we lose various assets & properties, God spares our house.
1989-2005 Everyone living at home contributes to help pay off mortage. Mother contributes retirement funds.
2005 House is payed off! (House in father & mother’s name, by the way.)
4/2005 Father takes out massive loans against house. Behind mother’s back. Signatures forged.
6/2005-2006 Mother made aware of loans when father hands over $75,000 check to female “business partner”
2006 Mother files legal separation to stop him for getting more loans which now total $220,000.
2006-2011 Business venture sours. Through all this father does not communicate full situation to any family member, nor admits to wrong doing and being a prideful, ambitious idiot. (Sorry, but true. Getting upset reliving this.) Things quiet down until…
12/2011 Father decides he “wants to move out” and buy another house because of “opportune time” – historic lower interest rates. (Reality: Some stupid realtor has reignited father’s ambition)
Debt alleged now be $120,000. Father cannot get home loan because of the loans already taken out.
His solution? Tells mother and son (me) to take out $150,000 loan against house so he may pay off $120,000 he still owes & have $30,000 for a down payment on new place.
He says he will remove name from title of family home and give up any “rights” to the house.
As you may imagine mother is distressed. She is 68, father is 69. Mother wishes to appease father because she fears he will demand sale of house so as to receive “his half”. I however, do not want to give this man one more cent! In my opinion he is an addict of a type of gambling. I feel he needs to pay off the mess he made over everyone’s protests. The family contributed for YEARS to pay off home and he could not wait 3 months to get back in another debt war, the original having started in 1978 when the house was 1st purchased.
What legal options if any does mother have? Can she legal action for the forgeries father commited? What do you recommend? To whom may we reach out for legal assistance? Referals? Funds are scarce.
Thank you for your patience & reply,
HM
Hi HM,
I understand your position on all of this and your perspective is correct. My guess is that the “business partner” is more than that, no one just hands that kind of money over to a business partner. In order for your mother to save any of the assets (if there is anything left), she must finalize the separation, or file for divorce. Just because she filed a petition for separation, doesn’t mean she’s legally separated yet. It must be finalized into a Judgment.
The forged documents should have been reported to the DA back in ’05, its kinda late now for them to take action now because unless she just discovered all of this, I’m guessing the DA will think she agreed to it, because she let it go for so many years now. So we have a situation where you want something done right to save your mom, but if she’s not willing to cooperate you’re not going to be able to force her to take the action needed. So, if you can bring her on board with the reality of what’s going on, I’d get the final judgment of separation concluded at which point all the assets and debts are divided and she’d get her share and then live out the remainder of her life with what is hers; however, even in doing that, it doesn’t mean that there won’t be the need for some forensic accounting to find out what he’s done with community property money all these years. I’m concerned that allowing this to go for so long has put her in a position where again, it appears as if she’s agreed to the way he’s handled the money all along (assuming she had knowledge).
This is a good question for everyone who will read it, if you don’t like what your spouse does with money you must take issue with it promptly; file for separation at a minimum, especially if there are gambling, drug, or alcohol problems.
Please call my office and I can give you some referrals to help as well (714) 444-2984
Thank you for your question!
Janet
Dear Janet,
After retiring from Federal work in late 2009, I first took a job to supplement what I believed would be an adequate pension for my needs. However, due to medical costs and other expenses related to a house I bought from a bank, also at that time, I changed to full-time work at a closer distance to my home. Still, I find myself barely making ends meet at the very best. My debts, including credit card balances have increased.
I have initiated a request for mortgage modification with the bank, and I should know what they might propose within 2 weeks from now, that is, mid-January, 2012.
If the bank does not offer a solution that will enable me to more comfortably meet my financial responsibilities, I need to have an answer to this question: Will I lose my house and my car if I opt for one of the bankruptcy settlements?
I filed Chapter 7 in 1999, and it was successfully discharged. Being unable to obtain credit immediately afterwards was the least of my concerns, rather I suffered some amount of shame in going “BK”. I got over it, and rebuilt my credit for many years, but now, here I am again.
What can you advise me, Janet? I want to do the right thing, and I pray that the bank’s current work on my account will help in the way I need.
Thank you so much for your help to me and to so many other Christians. Have a happy and prosperous 2012.
Ken
Hi Ken,
Please contact my office so that I can get a BK Attorney referral in your hands (714) 444-2984. You can’t feel condemned about this the rest of your life about this….there is no condemnation (Ro 8:1), but what it looks like happened, is that you didn’t learn from your last Bankruptcy in the sense of handling money differently. So I’d also suggest you talk to a credit counseling agency and possibly getting more information about help through a financial program like Dave Ramsey does, so 10 more years from now you don’t find yourself in this same position again.
I think the Lord is looking for you to grow through this and out of the lifestyle that created the problem in the first place.
(And with all that said, I’m assuming you are tithing and doing those types of things that keeps your money blessed instead of cursed as well?)
Look forward to talking with you soon,
Janet
Hi Janet
I have a question I went to renew my licence and they told me I had a lien in South Carolina and gave me a number to call I called them they told me that from a wreck that I had in 1990 there was a lean on my licence. This is a california licence and they said they would have to call me back they did they said there were three and it would cost me $300.00 dollars one for the crash and two inquiries they gave me an accident case number I sent them the money otherwise I will not be able to renew my drivers liscence . I am just wondering after 12 years why did this not show up on my credit report or anything along time ago and is this like past statue of limitations or is there none for South Carolina? It just seems like usery fees and crooked to me. My pastor said I should send a letter to readers digest.. lol
Hi Chris
Yes the states have a system that keeps track of tickets, accidents etc. If you got in the accident and you know these are accurate and true facts of what happened, I would clear this off my record by paying the fee.
Thank you for your question!
Janet
I was permanently injured by Dr. P., a physical therapist. He was supposed to be working on my lower back and instead aggressively massaged my neck, including putting his full weight on his elbow. It hurt, but not as much as it did 2 hours later. I have never had neck problems before, but now I have a pinched nerve and two herniated disks. I have never filed a lawsuit against anybody, but the damage he has caused has already cost me thousands in insurance copay this year (the injury occurred July 22). I have had 3 epidurals and may need to eventually have the disks replaced. I am a resident of Georgia but also live in California during school breaks. Apparently there is a dearth of attorneys willing to handle medical malpractice suits. I would not consider a suit if it were not for the fact that the injury is affecting my ability to perform my job as a teacher and restricts my ability to use a keyboard when writing. Could you recommend an attorney? Or, do you believe it is in the best interest of all involved not to pursue this case?
Hi Ron,
Its not clear where this took place, was in in CA or in Georgia? You would need to obtain an attorney in the state the injury occurred. It sounds like you may have a claim against the doctor, but I don’t know how long its been since the injury took place. If this is a CA situation, please contact my office for a referral at (714) 444-2984. If its GA then call the GA Bar Association in the county where the injury took place and ask them for 3 malpractice attorney referrals and then take it from there.
Thank you for your question!
Janet
Hi Janet dont know if you recieved my question for help for my daughter also regarding her ex? who still living together at times for their childs sake, but he also has an older child living with the mom he still supporting. I wrote you here couple weeks ago dont know if you saw it out of your very busy schedule, but would still appreciate a quick responce & also on the Time Period allowed for filing negligence against a city?, searching for all the proper pprwork on this, but been very ill and held up with many other issues im dealing with here. Trying to move asap but facing many hinderances here; managements injustice, barking dogs, disruptive neighbors etc.? Please pray for us that I be Strong and Healed enough to go forward to fight these battles that need Immediate attention with the proper Pro bono Help. Pray God move me to the proper safe home/area SOON need Miracles here! I and daughter have suffered so many losses already with improper handeling on grandmothers inheritance by family long ago. Many Blessings to you for all your Godly HELP and wisdom. You have my 949 already, hope to hear from you soon God Bless You!
Hi
You should file a claim with the city right away if you we’re injured on some public sidewalk or street; the city will then investigate and likely deny the claim (as a matter of course), but you need to find an attorney to help you as soon as you can. Please call my office for a referral (714) 444-2984
Thank you,
Janet
Hi Janet,
When my husband & I got married, we were young and eloped. I used credit cards to get us started with the costs of our new place. Well my husband had some addictions and it really put us in a bad financial situation. I also started nursing school, so I had to quit my job & let all of my credit cards go to collections. Well, it’s been 5 years & we both found Christ but unfortunately the financial repercussions remain. Our landlord fortunately gave us a chance despite our horrible credit score (mine is around 550 & my husband’s is around 620). I want to improve my credit score because we would like to start saving to purchase a house or condo. My question is what do I do with my collections accounts? Should I wait for them to delete themselves (most are from 2008)? Or should I contact the collection agencies and risk them updating the information on my credit score and potentially lowering my score? What is the best way to improve my credit score since the only revolving accounts I have are my education loans, other than that all of the negative items are collections accounts? Thank you in advance & God bless you !!
Hi,
You can try to settle the cards on a lesser amount; but make sure you get a letter confirming the settlement amount prior to settling and make sure you keep all of your correspondence because some collection agencies sell their accounts to other agencies who then try to collect on the same account. If you don’t settle them, they will continue to sell to one collection agency to another and not be cleared off the credit report because they often continue under a new collection agency. I would not give them any information on your income or employment; and that they can limit your correspondence by email. So you’d have to make sure that no one is trying to collect on the same account at some time in the future.
If that doesn’t work out financially for you to settle, you may wish to pray about going bankrupt. If you need an attorney referral please call the office (714) 444-2984
Janet
Hello Jane.
Our daughter a Sr. in high school turned 18 this month, when does childsupport stop in california?
Love listening to your radio show, very refreshing to hear the truth.
Happy Holidays.
Hi Sherrill,
Child support will usually stop after she graduates from High School, but check the Judgment on Child Support to make sure it was written up that way.
Thank you for your question!
Janet
Janet,
First off, thank you for serving the body of Christ like you have! I can tell you truly want to guide each person/ caller towards the Word of God.
Well, I have a quick question for you. About 8 months ago my brother-in-law passed away from a failing liver…this was due to overdosing on Vicodin. He had suffered from several back operations which started this dependency on the painkiller. My sister encouraged him to get help, along with my husband. This was to no avail, and the doctor kept prescribing painkillers without putting him on another less damaging medicine. The doctor operates out of the VA in Long Beach, CA. We were curious if you could give us a recommendation on a good Federal lawyer, which we found out we would have to get. Also, do you think there is a possibility of getting this doctor out of the VA? We respect you, and look forward to hearing back from you.
Sincerely,
Michelle A. Sweet
Hi Michelle,
Thank you for your question, I can give you an attorney referral to talk to about whether or not you have a case. As to the Doctor himself, you can always report him to the Medical Board via their complaint process. Please contact my office for the attorney referral at (714) 444-2984
Thank you for your question and for listening to the Program!
Janet
Hello Janet,
I have been involved in a divorce case since 03/08. At this time I have my children with me fulltime sine 08/23/11. I have filled for suppport for my children from their mother without any success. It seems that her attorney continues to request continues from the court.
I have been representing myself. But I this point I think that I my need an attorney to help me finish this matter. Is there any christian based organization that can help me? I need help with the traditional retainer fees etc…
Thank you so much for you show and advise.
Hi Hector,
Give me a call and perhaps we can find someone to help you. (714) 444-2984. In any event, if you still keep representing yourself, keep up opposing their requests for continuance; and when the hearing goes forward DO NOT forget to ask the Judge ( when you get the support order), that you want a RETROACTIVE order for support (meaning the payments would start back to be due the day you fled your OSC). Also, if there continues to be a delay, you may just want to go to the District Attorney’s office Family Support Division and open a case; her attorney likely won’t have the success in continuing when dealing with the DA’s office that they’re having now.
Thanks for your question!
Janet
Dear Janet,
My son’s father and i have 50/50 ever since he’s been a year old. When my son was about two and a half his dad stopped taking care of my son ever since he got with this girlfriend. He would leave my son with his grandmother everyday and not provid for him. He would not buy him new cloths shose or anything. When my son was three I moved up the hill and have been her since. Everytime I would pick up my son from his grandmother he would have red marks on his side, scratches, and bruise. I would ask him were he got the scratches from he would tell me”I was playing outside” I asked him ”who was out their with him?” He would say ”No one” That to me is such a concern because they have paint(witch he has been into and had it everywere) nails from the wood, flees,ant, and bee’s(witch he has been stung by one right next to his eye). I had to start taking pictures because it was gettin so bad, it was everytime he would come up he would have so many mark on him. His dad was no were, I would call him and ask him about the marks on my son and he would reply back ”i dont know” So I would end up taking my sons cloths off and putting some that fit him on so it not leave more of a marks or go deeper in his skin. I would ask his dad everytime my son came up what happend to him why dose he have a bruise or scratches, and who was watching him outside? He would reply” im not sure why?” I replyed back to him” Albert got stung by a bee right next to his eye.” His dad never knew anything.
Their would be times I couldn’t make it to pick up my son, so I would ask if he would have a problem bringing my son to me. He replyed back “when you can meet me then let me know” I would reply back to him ”I just told you have no car right now or dont have gas how am I supposed to go?” He would reply “Like I said when we can meet let me know” Their would be times I didnt see my son for a week. Hes never with my son anyways so why would it matter. He wouldnt bring my son he would always send him mom or dad to bring and pick my son up. This has been going on for the last two year’s and has not yet to change. I would tell him ”Its not about you or me its about my son and his time with each parents.” He had nothing to say to about what I told him.
This past 6 month I took my son to the dentist, and they told me that he has mutiple decay he would have to go and Anastatica so they can do work on him. I told his dad about it about 2-3 weeks before he had to go in for it. His dad reply back ” Okay just let me know what i need” When i got the paper stating what day and time I called his dad and told him. I called him about a day or two before his schedual to remind him. Come to find out he didnt take my son he had his dad and sister take. The needed so much information about my son so they called his dad to get the information. His dad didnt know any of it, he called me and told me ” The nuse needs albert(my son) birthday and ssn” I told him what do you mean arent you with him? He replyed back “No” So i called his sister and talked to the nurse and gave them all the inforation they needed. Since his dad or I was not their they couldnt give out any inforation to them so his sister had to keep calling me to get information about my son. They found a heart mumer on my son so I told them not to do anything because the fact his dad or myself was not their. I called and text his dad to see if he heard anything about my son, he never text or called me back. My message was”Hey alberto I was just calling to see if you heard or know whats wrong with albert when you get this give me a call back” My text messages would say”Hey alberto I need to talk to you about albert so please give me a call” I never got a text back or a call. Alberto is my sons dad. My sons name is albert. He never once asked me about it.
He spends all his time with his girlfriend and his new baby. He dont have time for my son hasnt for a while if you can tell. Ive been goin to court for the last 3 1/2 years trying to get full custody of my son but the courts dont see anything wrong with him. It breaks my heart that he cant spend time with his son. I also have another baby ,but i will not leave my son to be with my boyfriend and my daughter. He is my son hes my family and he will be treated like it. My boyfriend and I do as much as we can with them, he loves being with his sister he tells me all the time i dont wanna go home I wanna stay with you johnnie and audrey. It makes me cry, because I wish I could keep him with me but I can’t..
Recently I asked my mother if she would be albe to pick up my son for me untill i get a car and gas money my mother said no problem. My mother and I was calling alberto and texting him asking to meet up so my mother could pick him up. He never called or texted back. I told my mom to just go over their, so she went. When she went my son and his dad was not their. My sons tia came to the door and my mom said she is her to pick up albert. She told my mom ”hes not her hes with albert at work have you called him?” My mom said” Yes Nicole(me) and I have been trying to get a hold of him all day yesterday and today” She said ”Okey let me call him.” she went inside and called him. He was telling her that we didnt call or text him. She told albert ” Nicoles mom said they’ve been trying to get ahold of you since yesterday and your not responding.” She then said said “Okay well what are you going to do………… Fine ill go get him” She came back out and told my mom she will be right back she going to pick him up for her. My mom said thank you.
When she got back my son seen his bike and was going twards it. She told my son no albert your going to leave right now grandma is here waiting for you. My mother was waiting by the car. My son started yelling at his tia telling her he wants to play with his toy and he’s mad at her. She keep telling him no your about to leave right now, everytime she told him no he got louder and started to scream at her and all she did was laugh about it. My mom heard my son and went over to him and said “Albert you stop that right now!!!!! Thats not nice at all you know better” He told my mom “she got me mad” My mom told him “That does not give you the right to yell you need to say sorry” He keep yelling and screaming at her. So my mom grab his arm and told him to stop yelling that its not nice and very rude and go say sorry, you know your not allowed to act like that. He went gave her a hug and said sorry. Then they(my mom and son) got in the car and left. Later that day my son keep telling my mom ”Grandma my feet hurt really bad” My mom said ”Why whats wrong?” She check his feet. She took his shoes off he had no sock on and had blisters on his feet, plus he was all dirty, he had dirt in his fingers toes clothes everywere. So I told my mother to put him in a warm bath and rub his feet to massage them for him.
It makes it a little harder for my boyfriend and I do disaplain my son beacuse of this. If all they do is laugh about it’ he thinks he can get away with it at my house and he cant. We have rules in our house. By him acting like this now its only going to get worse, and by the time he’s a teenager we may not be able to control him. I would love to have my son everyday so he is grown up in one type of an enviroment not two completely diffrent ones. My son is my pride and joy please help me get my family together like it should be.
Nicole
Hi Nicole,
It looks like you’d need a good Family Law attorney to present your case to the Court in order to get the Court’s attention as to this gross neglect of your son. The problem with that however, is that usually people don’t have the money to afford this kind of court battle. So what I’d do if I were you right away, until you’re ready to go before a Judge, is to teach your son (even though it seems like he’s too young), how to take care of himself. Teach him why he should brush his teeth, ask to be bathed each night, eat right etc. He’s going to have to learn early, given the fact that’s the way the other half lives. ..Dependent upon the severity of these incidents, you can also pray about calling Child Protective Services as well about the gross neglect of your son. But I’d suggest you speak to an attorney so please contact my office for a referral (714) 444-2984
Thank you for your question,
Janet
My husband daughter will be 18 in February, but she will still be in school til June this year. Will he still have to pay child support after she graduates high school ? Can the mother ask for more money if the daughter decides to go to college?
Can you write back soon pls
Hi,
Yes usually child support continues until after the child either graduates from High School or becomes 19 years old, whichever comes sooner. So he will be on the line until June 2012.
However, for college expenses, unless he agreed to this already by stipulation in the Judgment of Dissolution, no court would order that; its discretionary then for the parent to contribute to an adult child’s college expenses.
Thank you for your question!
Janet
Hi Janet,
My Husband and I have been trying to obtain a loan mod for more than 2 1/2 years. It’s now been about a year and a half since we stopped paying our mortgage. The loan mod rep we have been working with hasn’t been able to help us. And I really don’t know why.We have been denied a loan mod a number of times and I don’t know if we trusted the wrong person. Well, in September of this year we got a notice of sale date from the bank (BofA) which is for January 13, just a few weeks away now. The person we’ve been working with still thinks she can help us, but I don’t see how, if she hasn’t been successful yet.
We decided to look in to getting some help from a law firm. We just talked to them yesterday. Apparently, this is what they do. They’re trying to the sue the bank on behalf of homeowners and get loan modification this way. We heard about them in an article we read in the newspaper. But they’re wanting $5,000 in phases.
We want to stay in our home, but is it over? Should we start packing? Or is there still some hope. We’re really not sure what course to take. The person we’ve been working with hasn’t been able to do anything for us and yet keeps promising to help us almost 3 unsuccessful years later.
Do you have any thoughts? Would really appreciate it.
Thank you,
Celeste
Hi Celeste,
I can’t possibly answer your questions, you’re asking me to give you hope and/or a legal opinion about a case or situation I have no information on or about. These loan mods are not working for 99% of the people. I don’t understand why people are paying thousands and thousands of dollars to these loan mod firms, instead of just paying that money towards their mortgages? You should make contact directly with your lender for yourself, you don’t need other people to try to modify the loan. If you want to keep the house, make a deal with the lender yourself and see if you can get the money together they’re demanding so you won’t loose it; rent rooms; get another job … if that’s not working then, you need to let the house go …. I know this is hard, but remember its God’s house, if He wants it back there’s nothing you’re going to be able to do to keep it. For the many people going through this kind of thing, its time for a heart check up–
Janet
Janet,
I was married in 1988. My wife filed for divorce in 1998. The divorce has never been finalized mostly because Gods word says He hates divorce, and it seems to have never been the right time. She is still not working and has had unending medical issues,she relies on my insurance,another reason I have not finished this. I have continnued to pay her child and spousal support. I was finally able to get the child support stopped when my daughter was 25. When I do go to finalize this what all is she entitled to? Some say I will have to pay her for the rest of my life. I have contributed to my 401k and a roth ira. She is living in the house and she is paying the mortgage out of the support. Thanks Janet for your ministry!
Hi Paul
I think you need to finish this off, you are not supposed to pay child support after your kids are 19 years old. Yes its true that she may be able to collect some level of support from you indefinitely, or at least until she remarries. But with you both still being married, the likelihood of that is nil if you don’t finish off your case.
Let me know if you’d both like to come into my office for mediation to help you finish the paperwork.
Thanks for your question!
Janet
Just thinking about a call you had on KWVE Saturday regarding the lady calling about finding an attorney
Love you, Janet! Please pass on my info to your caller, if you have her email? 
for her autistic son who was put into foster care for hitting her….
Since I was a foster parent, I know that if she contacts the social services, she is able to have weekly visits with her son and if she takes the parenting classes that they require, she can get her son back for free of charge of an attorney….the State wants the parent to show the concern and jump through their classes (hoops) without complaining….actually it will turn out better for her and the social services can turn into a support for her….the Lord does work ALL things out for good to those who love Him and who are called by Him
Can the executor (my step sister) of my late father’s Living Trust, keep information pertaining to that Trust secret from me and my siblings
It depends, are you a beneficiary? And it also depends on what you’re talking about. If you have concerns that the Executor is mishandling trust funds then you should seek some counsel from a probate attorney. If you’d like to contact the office I can give you a referral.
Thank you!
Janet
(714) 444-2984
Hi my older sister was listening to you and told me. You see I have been trying to get my inheritence. You see my mother passed away and left her home to be sold my youngest sister bought it and asked for my help I told her verbally I would wait for my money I never wanted the house sold. So she paid my other siblngs. I moved in and paid rent to help out. I month before we were gonna go look at homes because I was interested on looking at but decided i would rather have money instead we got into a huge fight and a restraining order was places on me had to move out and have no contact or have anyone contact her for 5 yrs . I tried to have a paralegal write a letter and she had a police officer contact him and say not to contact her on my behalf. f i n ally filed am lawsuit against her and she had 30days to answer back and she didn’t. Now has me wondering she has good job and not like her not to respond we were suppose to have a hearing now that she didn’t answer what do I do. I’m not working at this time is there
You go to the hearing and carry out whatever you did in you pleading.
Hi Janet, I had asked what to do on a civil case I had against my sister. I went to get court date and file necessary papers today for hearing so a lil but ago I checked to see if it was on computer well she also filed something Demurer to complaint not sure what it means. What’s gonna happen now help. She also hired a attorney. I filed request for entry for default along with men for hearing date. I will be waiting to hear from you. Thanks
A Demurrer is an attempt to get your complaint amended and ultimately thrown out of court because you didn’t properly state a cause of action. You may want to consider hiring an attorney as well to respond to the Demurrer; and amend your Complaint. If you’d like a referral, please contact my office (714) 444-2984
Thank you for your question,
Janet
Hi Janet,
My mortage loan was recently turned over/sold to another lender. I was orignally with a large, well known bank and am now with a smaller, lesser known mortgage lender. This past year I’ve had a total of 4 over 30 day late payments, I mean 31 or 32 days late. I have always called lender to advise them of why and when I would submit payment and would honor my promise. I with the larger bank they would note my account and advise me that this may be reported to credit bureaus. They also stated that any late fees not paid would be tacked on to back of loan. Now this new company, called for Nov payment and I explained to them that I will pay on Dec 2 which is when I get paid. In all my life with creditors, I have never received a call like I received from them last weekend. Demanding payment, yelling, telling me to sell my car, carpoot, ask for help and the list goes on (I explained I had to pay car insurnace this month). They even began asking about December’s payment. I did arrange payment for Nov and explained when December’s would be paid. They passed me through to 3 people not because I requested but because they would just put someone else on the line. My questions are:
1. Is default a “scary” word for late? They said my loan would be in default if December’s payment wasn’t made by Dec. 2.
2. Is a lender at some point able to refuse a payment anytime after the 1st so as to start foreclosure process since the loan is now in “default’? Again, the extreme most I have ever been late is 32 days with notification to lender.
3. At some point can they call in full amount of mortgage if they don’t like my payment history? One girls asked me if my car was more important than having a roof over my head. When I asked if she was threatening to evict me she said she didn’t say that but loan will be in default.
4. Can they start foreclosure process for unpaid late fees? Many times I have paid loan after 15 grace period but only amount of loan, not including late fee.
I want to know the least I am obligated to say to this company without putting myself if a bad position but still keeping them aware of late payments if and when they arise.
Thanks for your time, you are a blessing.
V.
Hi V,
I’d just speak to them as little as possible, its making you stress and upset. I’d find a way to get caught up and keep the payments going (looking for part time holiday work), getting another roommate; making 18+ year old children start contributing for rent…. Its not a good idea to focus your energies on how to play the system with this company because we don’t know what their polices on foreclosure really are; or if the collectors you’re talking too are just trying to scare you so much, you’ll pay and then go off the collection reports they have to work on.
Bottom line any foreclosure proceedings you’d get notice; but try to avoid living in this constant state of uncertainty. Catch it up, or sell and get somewhere you can afford and live in peace.
Janet
Janet,
Can you refer a atterney to assist me evicting a tennant, thank you!
Yes Tina,
Please call the office for a referral (714) 444-2984
I was divorced in 1979 – at that time the Judge in the family law awarded me 1/3 of my ex- husband pension. I would like to know if it is still valid and how to go about getting it. Would you be so kind to explain the process.
Thank you!
Joy Jackson
Hi Joy,
Yes, usually the case “joined” the pension as a party to the case. The first question is, did you ever get a Qualified Domestic Relations Order done? A QDRO they call it for short. That would provide you the specific amount you are entitled to collect. If you haven’t done that yet, you must find your judgment and an attorney to do the QDRO calculations; you need to make contact with the pension with both pieces of information so that you can begin to collect your share.
Hope that gets you started in the right direction!
Janet
My ex-husband met a woman, left us (me and baby son) 17 yrs. ago. Still with same woman, filed for dissolution from our (less than yr) marriage. I have raised our son ever since as a single mom; he does pay child support.
In 17 yrs., he has visited my son a “handful” of times. I only requested modification “once” and he took me to court to try to take my son from me to avoid paying extra. He lost his pursuit at this 5 yrs.ago. It is evident that he does not care for his son.
Fast forward: my son has run rampant in his life: school truancy, broken laws, probation violations, drugs, anger, bitter, even no concern for me. For Pub. Defender & jail time (in & out) for last 4 yrs. has run a $8 grand bill that I and father receive bills from OC Court. (We have “joint custody” of son, per fathers request).
1) Having “joint” custody, are we equally responsible to pay court bill (half/half)? I am a part time, on-call worker and on a tight budget. He makes good income, full time pay.
2) Atty. told me: absent parent CANNOT claim my son as a dependent on filing taxes, because son lives with me and I have paid more than support paid re: (sports, medical, rehab programs, etc., and father never visits son.
Legal code question: Under Section 903.45 (c). Just making rent and basic living expenses, on what grounds can I request in court to “vacate the judgment on basis of a change in circumstance” ?
Only the Lord has given me strength to be strong in the bad and worst moments with my son’s teen’s years and hostility, Janet. He is my strength and hope and comfort. In my loneliest moments, He is there. Thank you
Hi Hon,
Wow! This is the situation where the State wants the parents to be financially responsible for their children’s misconduct while they are still minors. The motion you could try to file would basically be arguing a financial hardship and an inability to pay any such judgment. You should make contact with the enforcing agency and request a financial review by one of the officers. I’ve never done one of these motions myself, but they will likely have a package of documents for you to complete before going to the hearing. Make sure you appear at all hearings and complete the information fully.
Thank you for your question! Let me know how it works out.
Janet
Hello,
I am looking for biblical council and I am not sure if this something you can answer, but I listen to your program and hear such great questions and answers that I thought I would give it a try.
I have had a binge eating disorder for as long as I can remember. I have tried every imaginable fix for it, diets, medication, and exercise, but every time I try I end up making it worse. I have a really difficult time controlling this so I give it all up to God everyday and try my best to turn to Him every time I feel like I am about to binge. It is very difficult to stop this compulsion. He has given me success, but it is an hour by hour problem that I struggle with and sometimes I give into this bad habit. It is an addiction that is hard to break since food is necessary for survival. I love Jesus with all my heart more than the food, but really the food is like a drug to me (which has replaced the drugs I used to do before accepting Jesus into my heart, such as smoking and drinking to name a couple). I also have to cook for my children and husband, so it is not something I can get away from either. And the problem is that I have spent so many years binging on huge quantities of food, it takes a lot of food to satisfy my hunger. I also used to do cross country mountain biking that required a large amount of calories and my appetite has not decreased since I stopped the hours of bike riding I used to do daily. I am not sure if I should just be patient and wait for God’s help, or perhaps I should do something drastic. I was thinking of a lapband which is a surgery wear they kind of tie off your stomach to make it smaller so you are satisfied with less food. But I was wondering if God will still help me to overcome this sinful eating if I do this, if it would take away from His Glory. Would it be biblical to do this? I am not being a good Christian witness by doing this and I am really anxious to put an end to my binge eating especially since I am getting older, and have stopped my 1/2 day bike rides and am starting to gain a lot of weight now, my health is suffering,I am not treating my body as a temple, but most importantly I feel like I am disappointing God, and just repeating the same sin over and over even though I desperately want to stop. Thank you for taking the time to read this. If you are unable to advise me could you think of anywhere that I can get solid Christian council. Thank you and God bless!
Hi Dear,
I thank you for sharing this struggle with me, you can overcome this, but its not a simple answer I can type on a blog. Like all good soldiers, you’ll need some training!
Can you possibly connect with our Date Night study on a Saturday night and I can sit down with you and get you started? Its at Life Church in Irvine 7 pm on Saturday nights and we only have a few more studies before our Holiday break. So please join us and get connected and we’ll get started on helping you out of this bondage!
Janet
Hi Janet,
I have some questions about filing oversea assets with IRS. My parents have “green card” in US, but they are not citizen yet. They are still working in our origin country right now but soon will retire. I heard about people need to file taxes on oversea assets and oversea jobs. Could you please give me more information on that? I get a little confused because they already paid taxes on income and assets to our origin country government. Does that mean we need to pay taxes again in US?
Thanks for your help!
Hi Tina,
Please call my office, I can give you a referral to a tax professional to help answer your questions.
Thank you,
Janet
(714) 444-2984
Hi Janet, i have been living in this house for close to 14yrs and now the owner lost the house to the bank.
The bank representative call me to offer me 2,500 for the key to the house and if i did accept i would need to moveout in 30 days, well i didn’t accept the offer becouse its a short time to moveout with a family of 6 and with a special need child and for the amount of years we been living here. Can you advice me about what can i do about my situation and if you can refer me to a realstate attorney.
Thank you for taking time in reading my post, God Bless You.
Hi Gilmer
Since you lived there over a year, you would have a 60 day time period to move out if you don’t have a lease in effect; but they don’t have to pay you the $2500. which I think is going to come in handy for moving that large of a family.
I suggest you continue to negotiate the time aspect for the move and start looking right away; you should do whatever you can to get the money from the bank that they are offering.
Thank you for your question!
Janet
Thank you for airing your Sat program. What a blessing it has been.
I am about to launch a healthcare consultant business to contract with physicians and hospitals. Ex-husband is always threatening me for child support.
Background information: Ex husband hides his assets and his business is in his wife’s name. He claims he makes no money. He does not have a bank account (only his wife does). He owes 7 years of back child-support which I have never pursued him for. I am a part time nurse, working when the children are with their dad. We agreed that neither of us would pay child support a year ago based on attorneys recommendations, but he has been threatening to take me back to court for support since then…as I had recently obtained my advanced degree. I have 60% custody of the children, I pay ALL of healthcare bills (dental, medical, RXs, optical) because when I request he pay half (court ordered), it only causes conflict and makes our already strained relationship worse. I take good care of my children and provide what they financially need. I struggle to think that I would pay child support when their dad hides his assets in order not to pay or to gain child support.
Question: Which type of business entity would you recommend to best protect me (S-corp or LLC) when starting this business (taking into consideration that I would like to use any/all legal avenues to protect myself)?
Thank you for your time and for your advice.
Hi,
Well any type of corporation or LLC will permit you to legally receive income and pay expenses that arguably would not be up for consideration when it comes to child support purposes; however any salary or wages you pay yourself from the Corp or LLC would. Usually LLC’s are formed for short term business partnerships. If you’re on your own, an SCorp would run the income through your personal taxes; so you may not want to do that because your personal tax returns would be up for grabs in a child support hearing, where as the income reflected on a C-Corp return would be totally separate from you personally, but still up for a court to review if they were formally requested through the discovery process; but still wouldn’t be considered personal income run through your personal tax return. So while I’d talk to your tax advisor to help you decide ultimately, I’d suggest you speak to him about forming a C-Corp. Call me at the office if you need a referral, the first of the New Year is the best time to form new corporations.
Thank you for your question!
Janet
(714) 444-2984
We are looking for a good family lawyer…My brother in law has a daughter (7) that he has full custody of but now his ex-girlfriend wants to uproot there daughter to Florida with her boyfriend. She has a lawyer…In the beginning she wanted nothing to do with her and with her first little girl, yes she has another daughter she just gave her to the boyfriend then and moved to canada because the boyfriend she had then had committed some murders and she was a witness.
She only sees her daughter when it is convenient and sometimes doesn’t show up.
May I get a recomendation please soon.
Yes please call my office I don’t post attorney referrals online (714) 444-2984
Hello Janet,
I have a daughter that is 7 years old. I left her father due to domestic violence in july 2004. When I left our daughter was 6months. Her father threatened me and said “I will spend every dime I have and take our daughter away from you before I pay you a penny of child support. At that time her father was making 200,000 a year and I was told the child support would be over 2000.
2004-2006 Father abused norwalk court system to harass me and try to gain sole custody. Even though we had a domestic violence case pending. I addressed to the judge penal code 3044 which states father was detrimental to our daughter and should not gain any custody while our DV case was pending judge granted father joint custody. Father was abusing our daughter emotionally and physically.
2004-2006 Father reported 8 false child abuse allegations to CPS. Our daughter had to go thru 8 body examines. All reports were unfound.
2006 well our daughter was in fathers care she obtained physical abuse. Father called CPS the day he was suppose to return our daughter to me.
2006-2007 Our daughter was placed in a foster home. Due to false allegations against me.
2006-2009 went to numerous court hearings and trial. CPS determined our daughter was abused while in the care of father. Father was ordered supervised visits.
2009-2010- father filed appeal. After a trial appeal was denied.
2009-2010 father exercised less than half of his visits. Father went numerous months without seeing our daughter.
March 2010 father filed osc to gain full custody. Our case was transferred from norwalk to Riverside county where our daughter and I reside.
Oct 2010 father was granted unsupervised visits due to court not looking at history of case.
Dec 2010- father was emotionally abusing our daughter.
Jan 2011 father was ordered. Supervised visits.
Jan- June 2011 father did not exercise any visits.
Jan-november 2011 father has exercised approx 8 visits. Court has been continued numerous times. Trial 11/18/11 Father is requesting sole custody.
2004-2011 father has abused our court system to harass our daughter and I which has caused emotional abuse to our daughter and has depleted me financially. I have lost our home, reliable vehicle and many career opportunities due to having to go to court for 7 years non stop to protect our daughter. Father has filed a total of 12cps reports all unfound. 5 restraining orders against me all denied. 5 false police reports against me all were DA rejects. and numerous OSC to gain custody so he won’t have to pay child support.
I have a trial friday 11/18 which is a continued trial hearing. My attorney has stated he is going to remove himself from my case. Father has hired an attorney at the last min who is now filing a new OSC which my attorney feels is to much work. Please advise what I can do to expose this vixatious behavior father is doing abusing our legal system to harass me to gain custody of our daughter to avoid paying child suport. Please advise how I can protect our daughter from this constant emotional abuse. I have everything that has occurred documented I have evidence of this harassment and abuse. I have not been given the opportunity to present case with all evidence and facts.
I would appreciate any advise and help from you at this time.
Blessings,
Andrea Ybarra
Hi Andrea,
You definitely will need to hire another attorney to take the place of the one that doesn’t want to work. If you cannot afford an attorney you can try Legal Aide in your county, but they’re usually so overwhelmed they may not be able to take your case. If all else fails, you will have to represent yourself and “act” as your own attorney. And I mean “act” dress professional, have all your evidence marked and arguments prepared; and present them when the Judge looks to you for a response. Hold yourself together emotionally and don’t get upset. Tell the truth and look the Judge in the eye… and obviously pray!
Janet
Thank you Janet for your time and advice. I know in my heart God has a plan and he will have the final say on the outcome of my case. God has been so faithful to us. i will continue to seek him and trust him that he will continue to protect our daughter and vindicate me in his timing. Isaiah 40:21. Our God is a just God. Thank you again for your time. I pray God continue to use you for his Glory. Blessings, Andrea
Hi Janet,
Thank you so much for your service to the Lord, I have a question that my ex husband who is paying me spousal support, have filed for bankruptcy and got discharged, he did not send me anything to go to the creditors meeting, and I see online that the creditor the does not go to this meeting in the beginning of the bankruptcy his case will be dismissed, could it be that this is the reason why he is discharged from my spousal support, and what can I do in this case since I have not received any letter to attend this meeting, thank you so much.
Hi, Janet, don’t understand why you haven’t answered me by the name Prudy in my first question-but I’m sure you have a good reason.
Here’s my new problem: My dad just passed away on 10/23/11 and his funeral was on 11/4/11 and he did have assets(cash as well as life insurance, and two retirements accounts, as well as two houses); however, since my brother and two sisters are handling everything they’re weeding out siblings from their inheritance as they deem “my parent didn’t like” and there’s no will. Oh yea, forgot to mention vehicles my dad own that already was taken by my brother that has the power of attorney.
My question is: what can I do? And if they spend all the money can I sue to have them liquidate the assets?
Not sure what you mean, but what by the name. In any event you’d need to hire a probate attorney to open a case for you to get your inheritance by statute since there is no will. If you’d like a referral please call my office (714) 444-2984
Thank you Janet! By the way my first question was by the name Prudy. I work for the city and am in a great deal of due stress. They just won’t accept me in my dept. and harass me and exclude me each work day. They invade my private life by using breaching my personnel file and then using my home address to track me
with Google earth.
Do you know of any great civil attorneys?
Thanks
Yes, please call my office for a referral!
(714) 444-2984
Blessings,
Janet
i have a pass felony record, have possession charge 27 years ago, but had another charge 1998 felony charge, both of drugs. The last felony anyhow, then DUI 5 years ago, my question is I am wanting to ex sponging or having records sealed. Getting a job has been difficult with back ground checks and all that. Could I do this done with my records, and how much does that usually cost.
thanks David
Hi David, I’m not sure but I can refer you to a criminal attorney for you to discuss it with, please give me a call at the office (714) 444-2984
Hi Janet,
I filed bankruptcy in 2002. My car was used as collateral on a mortgage loan. The finance company refuses to release its lien on the car, stating that even though the debt was discharged, the lien remains unless I pay.
The car is no longer operational. I can sell it for parts. However, I need a clear title to do so.
I wonder if there’s a law that requires the finance company to release its lien on the car.
I’d appreciate your advice. Thank you.
Hi Joyce, I’d speak to your bankruptcy attorney about this first
Hi Janet, I have some health insurance but it will not cover me because I came in with the illnss. Do you have any suggestions if I need surgery? Please pray for me so many things are coming at me !!! I really love your show on K WAVE God Bless Carol
Well, have you checked into whether you qualify for Medicare? or Medical?
Hi Janet, I filed a complaint with the Dept. of Education regarding discrimination against my religion, disability, race, age, sex which went nowhere. I was downgraded and picked on in the classroom for speaking out and Protecting my Religious Rights against these Anti-Christ instructors. Still waiting to see if there’s anyway someone can Help Please! Im very discouraged to go back there now. Thank-you
Hi Anonyomous
Try contacting the lawyers at the Pacific Justice Institute.
http://www.pacificjustice.org
Thanks for your question!
Janet
Thanks for your response but the lawyers at Pacific Institute refuse to help after I tried several times, unless you have other referrals but I cant pay. Also Im trying to move very soon due to all the abuse here that you are already aware of, this is making me very ill & Im not able to work. My other question is how can I do this w/o being traced & change identity etc. I know these days your info is out there for everyone to see esp. if you buy or sell. Thank you for your quick response Bless You!
No one else on my list that does that kind of work. You could petition the court for a name change, but your social security number would follow you
I have been separated 11 years due to husbands encarceration for domestic violence agains me,he was deported back to mexico after his 1 year incarceration in state prison. Does this make me emancipated from marriage. ?
Hi Cathy,
No such thing. You would have to file for divorce to become unmarried.
Thank you for your question!
Janet
Hi Janet,
I know someone in CA who recently poisoned a neighbor’s dog. The dog got very sick, but thankfully it did not die. The neighbor filed charges. This person that I know pled guilty and he will appear in court in a few days. What would be his sentence?
Hi Stephen,
That would be all up to the sentencing Judge to decide.
HA! Guess it depends if the Judge is a dog-lover or not, but it would be in the Court’s discretion.
Let us all know once you find out
Janet
Is there anything that I can do to help enforce the visitation schedule? Or would the courts just deem these petty issues? My ex husband brings my daughter back late on a consistent basis. When special things come up for him he will just call me and tell me I will try to have her back on time and then he will take another hour and a half to two hours to return her. I am always waiting for my daughter and sometimes have to rearrange things that I have planned because he doesn’t care to bring her on time. He is currently $6,000 in debt for arrears in child support and is coming up for a Contempt Hearing in January. When we went to court in Sept. for a modification on his child support it was granted to him at $0.00 for now because he is applying for Permanent Disability. I really need a lot of prayer because these issues cause me a lot of stress and emotional exhaustion. He has also harassed me in the past (since 2008) I have documentation for each time he has called me an unkind name or argued with me in front of our daughter. I have recently tried to obtain a Restraining Order for harassment, but the commissioner didn’t see “Abuse” in my document. I feel like every avenue I have tried has not helped and I even wonder if there is anything I can do or If I just have to live with it. I would like to hire a lawyer, but I don’t make much more than minimum wage.
Hi Abigail,
It sounds like you’ve had enough of the court system and the frustration and stress it brings. I’d suggest you go with the flow and let this returning on time issue go. Its not doing you any good to get upset about it; you need to get victory over being controlled emotionally still by your ex husband’s actions. I’d suggest you get a copy of my book: http://www.ControlFreakFree.com
Thank you for your question!
Janet
Hi Janet, thank you for taking my call this afternoon on the program. We spoke about the network marketing business causing issues in my marriage.and the bankruptcy. I will order your book from your website.Can you please refer a christian lawyer that can handle the bankruptcy for my wife?
Thank you
Dan
Hi Dan,
Yes I can. Please contact my office at (714) 444-2984.
Blessings,
Janet
Hello Friend.thank you for your show.My question for you is, If a man is deported due to domestic violence against family,and has not returned to be re-instated since his deportation in 1999.Does this make his wife whom is an american citizen emancipated from the marriage or does she have to go through a divorce? They had 5 children at the time but they are all grown,and we do not own any property together or anything else.I dont even have an address where he is in Mexico..please help me with your advice. I cannot afford to pay a lawyer for advice and this is a very shameful subject for me. I am very embarrassed about this and would so much appreciate your help in any way friend.
Hi Cathy,
She has to go through the divorce process to become unmarried.
She may be able to do so by default, but she still needs to do the filings required.
If money is an issue, she can go to the self help desk at the Family Law court nearest her home and get the papers required. She can also fill out a fee waiver form and if she qualifies, her filing fee may be waived so she can move forward with the divorce.
Thank you for your question!
Janet
Hi,
I just called inquring if I have a legal case. I have ovarian failure due to chemotherapy treatments and I was wondering if I should/could sue the hospital that “treated” me for not monitoring my fertility chances these past four years.
Thanks
Hi Marissa,
Please call my office and I will refer you to a firm to advise if you have a case or not.
Thank you!
Janet
(714) 444-2984
Hi Janet,
I am going to mediation on Monday and just learned of your radio program today. I wished I would have learned of you sooner. None the less, here it goes. My ex wife and I have been divorced for over two years. She left me and my children, after knowing a coworker for two weeks, where I generated the divorce paperwork and she wanted/agreed to only 10 percent visitation/custody. After the two ended up purchasing a home together in 2010 she then began to fight for more custody. She originally agreed to 51% to me then changed her mind and received 50/50. Now she wishes for more custody by allowing me to have them for only two weekends a month. As background, my children very seldom bathe or brush their teeth while with their mother. My daughter is extremely allergic to cats (their mother has 2 cats and dogs as live in pets, I addressed this with her over a year ago) and now has developed resporatory problems (it is documented). My son attended a school on a military base where I worked. I would not agree to move him out of the school in to the school district where we lived because of the low rating and poor education received from that school. His mother did not like the commute; hence, she then falsified documentation by using an old address of hers to get my son into a school outside of our district (I recently found this out.) Then my home (was mine and my ex’s home both of us were on the deed) was foreclosed after my ex refused to sign off on the deed. I had filed for Chapter 7 bankruptcy and the mortgage company had allowed me to be on a probationary period where I made payments focusing on a refi program. After my ex would not sign off on the deed/mortgage the mortgage company decided to forclose. My ex then, after the mortgage company took the home, did a quit claim. She is using this move, 35 miles further from my original home and living with my girlfriend, to ask for more support and custody claiming that she does not agree with me leaving my daughter and after school my son with my girlfriend until I get home from work. For the past two years I have had to leave my daughter and son with her boyfriend while she was at work and in light of this her argument seems hypocritical. I have no idea what will happen with mediation or court as this is our fourth time in court in a year and a half and like I originally mentioned mediation on Monday. How do you think this might play out? Thanks in advance Janet, glad I found you!
All you need to know about Mediation is that if you don’t agree; don’t agree!
Its just a process where a mediator tries to get the parties to agree on custody/visitation time with the children. If you don’t agree, you then let the court decide after making your best arguments. So if you don’t like the agreement or terms the mediator is coming up with, just politely decline to agree or sign any mediation agreement.
Thank you for your question!
Janet
Hi Janet,
Thank you for your radio program!
Here’s my question!
My daughter & her husband leased out a small condo located in Orange, CA. They received a call from the renters daughter yesterday that the renter/mother had died in the condo. The renter’s daughter had gone over to check on her after no contact and found her dead in the hall. From a follow up phone call today, the daughter has informed them that the coroner tells her the mom was dead between 5-7 ays. Additionally, there was a medium size dog left to fend for itself in the condo during that time. Evidently, there were/are bodily fluids, along with dog mess and who knows what else, left for my daughter in the condo! The daughter said that she does not know what to do about the furnishings and that she is not going to pay November’s rent. My daughter and her husband have $1500 of the renters deposit, however, the monthly payment on the condo is around $1100, not leaving much for cleanup. They have not seen the condo or its condition yet and will be going over tomorrow to see what type of condition it is in. Apparently this woman had next to nothing as her daughter helped with the monthly rental amount. Anyway, there is a one year old wood floor that the daughter has said was covered in body fluids and that the molding also has absorbed some of the same. The renter was on a yearly lease which has a couple months or so left. What to do???? Thank you!
Wow, Claudia, well. ..
First of all, were the police contacted, is there an ongoing investigation into the cause of death? if so she may not be able to clean up until forensics is all completed.
Second, did your daughter have any security deposit for this rental? If so, use that money to clean the mess.
Third, do they have any contact information for the family members of the deceased? As a landlord she would be required to send detail as to the clean up costs to the Estate of the deceased within 21 days of the termination of the lease (which by the way I’m assuming has nothing in it about the lessee dying on the premises).
Fourth, she could make a claim with her homeowner’s insurance if the costs get too out of control, but she should weigh and balance the likelihood that her homeowner’s insurance premiums may increase due to that kind of claim as well.
The long and short, depending upon the costs of all this, she may need to ask her relatives to pay the costs voluntarily or sue her estate (which assumes the lessee had an estate or money or a will or trust leaving something to anyone.)
Dependent upon your answers to these kinds of questions, the whole situation may end up being not only a loss on the clean up; but as I recall if someone dies in a residence, it is also required that you disclose this fact in the event of a sale of the real property as well (which could lower the value, or cause her to lose a sale in the future).
Thanks for the question!
Janet
Hi Janet, Thanks for making yourself available. I own a condo/townhome and the tenants called to let me know the water heater (in the garage) was leaking. When I got there I found extensive water damage with black mold down the wall. They had boxes stacked 2 and 3 deep around the perimeter of the garage from the ground to about 6-7 ft. high. It appeared that it had been leaking for a few of months. They said they didn’t notice it until they went searching for their Halloween decorations. I was able to get the water restoration people in and take care of everything within 5 days. They draped the area in HASMAT style with dryers and fans, removing 17 feet of drywall that had black mold. Long story short, the repairs came to $3,560.00 (not including the cost of a new water heater). My question: the lease has a clause that indicates any damages either by misuse or neglect other than ordinary wear and tear is Tenant responsibility. I have discussed this with them and they feel that since they weren’t aware of the situation that they are not responsible. They have indicated that they are consulting an attorney (friend) regarding this, so I figured I should do the same. Thanks, Robin Good
Yes Robin you should, please contact my office for a referral (714) 444-2984
Hi Janet, about half a year ago or so I almost fell on a S.A. Street in broad daylight while walking on a sidewalk didnt notice the steep grade on the driveway because of no markings & stumbled and jerked my knee badly to prevent the fall. I went to an urgent care right away because of the Pain and they did nothing but put ice and a band around it after I had insisted that something be done for the pain and swelling. Now, since the pain would come and go after having treatments all these months, I finally got it xrayed & Dr. states I have a calcified joint there, don’t really know yet how to explain it all in laymens terms since I haven’t consulted with my doctor on this yet. But, I believe this was a result of this injury and any kind of jerking or prolong walking will cause the pain to return, Im even having acupuncture done for this. I had a feeling this would happen and pray it doesn’t turn into artheritis or worse. I hope its not too lale to do anything about this with the city. I woulden’t even know where to start if something could be done to try to remedy this before it could get worse. Thank You for your Prayers and Godly wisdom too many problems to try to handle need major Justice~ Bless You! 11-3-11
Hi,
What you would do is make a claim against the city; the fact that you have waited so long can hurt you because the condition (or slope) where you almost fell may not be in that condition anymore. You should go by and see and then take pictures if it is. The city is likely to deny your claim, because as a matter of course, that’s what they do with all claims hoping they’ll just go away. if you wanted to fight the case, you’d have to find a personal injury attorney who’d be willing to go up against the city. Though not impossible, it may be very difficult to find someone to take your case.
So first go and check the location and see if you can get a picture of the unsafe condition (if its still there).
Janet
Hey Janet,
First, let me say, “Thank YOU!” for all you do. Now, my question is for my sister, in Ohio. She would like to file for bankruptcy, but she needs a car. If she purchases a car before filing, will she lose it?
Blessings to you.
Hi Janet,
Well check the BK laws in Ohio with an attorney practicing it that state for sure, she may be able to buy a car and keep it out of the items listed for bankruptcy.
Hello Janet, I enjoyed your informative radio program!
I have a question regarding a Family Trust and Last Will and Testament.
In 2006, my husband and I created (with an attorney) a Family Trust as well as our “Last Will and Testament” and “Advanced Healthcare Directive.” We wanted to have things in order as we have three young children. Presently, there are a couple of names we want to change in the Trust and the Last Will and Testament. In the LWT we’d like to change who we have listed as legal co-guardians of our children (should we both die.) We would also like to change the second-in-line trustee (listed in both the Family Trust and the LWT.)
I’ve contacted the attorney who created the documents and discovered he is no longer practicing law! He works at a bank now and has not responded to my emails. This is frustrating as we paid a significant amount of money to have these documents created.
How can we go about changing these names? Is it a matter of simply reprinting the documents and having a notary and witness? Do I have any legal right to have access to the electronic document? I only have a paper copy.
Thank you for your time and response!
Karen
Hi Karen,
You’d just have an Amendment to the Trust done, and it wouldn’t all have to be revised. Please call my office for a Christian Attorney referral for that (714) 444-2984.
Blessings!
Janet
Thanks! Will do!
Hi Janet,
I really appreciate the opportunity to ask this question….this is in regards to a disability claim I filed and fought for 7 years, and lost. My last appeal was 2009. I have stopped fighting, but would still like to know if there was anything I could/should have done to win. The brief scenario follows…
Over twenty years ago, I began to experience servere insomnia. Years later I sought medical help and was told it was “all in my head”. So I took meds and kept going. The severity increased to the point I had to stop working (fatigue, mental confusion, memory loss, etc). All doctors had the same answer for the cause. I looked for my own answers, and learned that my hormonal system was/is imbalanced. Unfortunately, I wasn’t able to find or pay for medical professionals to treat me for this. My medical insurance (while working) did not cover alternative health care, nor does the County health plan. However, I did have chiropractic therapy/treatment for the insomnia in hopes of correcting it. This doctor documented my state during his care to be fatigued and showing signs for sleeplessness. This document was ignored totally at my hearings. More recent years I was examined by the Disability Insurance’s doctor and he documented what he observed and had personal and professional experience with patients (particularly women) who suffer with chronic sleep disturbance. This document as well was ignored.
In summary, my case has never been taken seriously because of the lack of knowledge by traditional medicine. And because I told the truth, that I am not totally disabled, I can work 12 hours/week, which is not gainful employment. And I believe with the proper health care I could be restored to health.
Thanks!
God bless you and keep you
Hi Pamela,
I don’t really think I could advise you “if there was anything else you could have done to win” because I don’t know all the details and facts of your case, nor why the judge refused to review the doctor’s report written on your behalf. What matters now after all avenues have been exhausted, is how are we going to get you better? What I want to know is if you exercise? What you’re worried about that has kept you up nights? It is vain for you to rise up early , to sit up late , to eat the bread of sorrows: for so he giveth his beloved sleep. (Ps 127)
I think this situation is more mental/emotional, than it is physical….
Can we talk more about it either on a Saturday night at DATE NIGHT or by you calling into the radio program on Saturday (888) 564-6173 or even calling my office?
Janet
Good Morning!
A friend of mine suggested I contact you and maybe you can help. Its a little complicated but I’ll try to cover the basics.
First, I am originally from Illinois, which is where this takes place.
In 2005, my husband and I filed for bankruptcy. Our attorney at the time said he would not file reaffirmation papers for our mortgage. Over the next few years, our income was up and down with my husbands work. Every time he would get laid off, I would contact the mortgage company and let them know we would be getting behind for about a month or so, ask if there was anything we could do (partial payments, skip a payment etc..) They always told us no, not until we were 4 months behind.
This went on for a few years. We would get caught up, and behind etc…We finally got so far behind on two separate occasions we asked for help. The first time they said we only qualified for a ‘repayment option’ in which they would divide up what we were behind and add to our regular payments. They sent us the paperwork and gave us 48 hours to sign and send back. Which we did. After it was processed, they ended up adding charges in the amount of $8000 to our principal without previously disclosing this information. (At the time we only owed $83,000)
A couple of years later the same thing occurred; we got behind, and they offered a refinance option. They raised our interest rate from 4.25% to 7.5% nearly doubling our payments, and supposedly refinanced us. Once again, a few months later over $6660 in ‘miscellaneous fees’ were added to our principal.
The next time we got behind, they told us we had to make three consecutive payments and submit financial information (income vs. outgoing) for those three months, which we did. They said they would then work with us. At the end of the three months, they told us we had to do it again. In the meantime I contacted our senator’s office for assistance as well (at the time Dick Durbin) and they graciously made conference calls with me to this major bank, verifying everything I had said and been told. She advised I follow the procedures and try and work with them. After another three months, they were still unwilling to offer any assistance except to keep making these payments (which were more than our mortgage payment!). My husband and I finally gave up and said let them foreclose. Our payments had been $428/mo and they had raised them to over $1100. We just couldn’t do it anymore waiting for help. They foreclosed on October 21, 2010 and did not sell the house and it sits empty to this day.
Now my question-after seeing a report on the news, a couple had recovered the amount of their house plus some for the bank illegally foreclosing on the couple. Their situation was in Iowa, but Illinois has the same law on the books. It says that a bank cannot foreclose on a property unless both parties, husband and wife, are on the loan. I was never on the loan because I was a stay at home mom with no income. Is there some recourse that my husband and I have to recover from this fiasco?
I am not trying to be greedy. I am just trying to recover financially. Losing our home of 10 years and being homeless with four children was devastating to our family. It was a large bank, that also received a bailout, and was unwilling to work with people like us. When we started asking for assistance we owed $83,000. When they foreclosed, they were asking for over $110,000 because of all the fees they had charged. My husband is thankfully, gainfully employed and we are slowly getting back on our feet, but it is a long difficult process.
Any advice would be greatly appreciated. Thank you for your time
Ronnette
Hi Ronnette,
I’ve heard of the firms that do a forensic accounting of the lender’s documents and if there are violations there may be recourse, but in that State I have no referral for that. I’d suggest an internet search on “forensic accounting, violation of fair lending laws” and see what you come up with.
Thank you for your question– you’ve gone through a lot, some things you’ll just have to let go of so that you’ll have the energy you need to make your “come back”!
Janet
Dear Janet,
I was working for a company for a certain salary. After a few weeks of working there, I was told that they would be unable to pay me what was due because of circumstances beyond their control. Understanding the times, I thought that this could be reasonable and agreed to continue working and waiting for circumstances to improve. An occasional check given to me, one bounced, and others were sometimes less than what they should have been, but still that “big payment” was to come, so I was told. After a little while, when no wages were paid to me, I left, still hoping that there might be changes in the future. The company told me that they would pay me what was due, but now it has been almost two months and still nothing. I have tried contacting them several times, and they are avoiding my calls. Should I pursue a small claims complaint against the company?
Hi Susie,
No don’t do small claims, go instead to the Labor Board in your county. File a claim with them and they will hold a hearing and if the employer is wrong, not only will you get the amount owed to you; but you will also get penalties from your employer for the mistreatment. So go there first
Janet
I have been married to a non-believer for two years during which time he “learned” about Community Property. He purchased a home several months before we met and he has a successful construction business. In June 2011 he filed for Divorce in order to protect his home and business assests in the event of a future divorce. His attorney told him that a Post Nup would not hold up in court if I felt pressured into signing because of threat of divorce. Our divorce will be final December 09, 2011. He intended for me to stay with him now and after the divorce. He sees it as just business and since he has no relationship with Christ it is not a problem for him. He thinks of the marriage certificate as just a piece of paper upon which I place too much importance. I signed off on all of our community property in order to show him that I did not now or would ever have intentions of taking the things that he worked so hard to get. It left no impression on him. Unless God provides a miracle we will be officially divorced soon. My question is would it be wrong to stay with him after the divorce. I truly love this man and understand where his thinking comes from. He does not understand the spiritual consequences for me. He is not open to listening to God’s word on the subject. Would it be wrong to continue thinking of this man as my husband? I would like to think that God has plans for this man’s soul and I don’t want to give up on him by walking away. I know that I can pray from a distance and I will continue to do that no matter what happens. It was God to whom I made the covenent with when I married this man. I promised to stay with him until I drew my last breath. I would like to keep that promise to both my husband and God even if my husband does not. Also, the attorney did not file the attachments that detailed the property settlement and when I pointed it out to the attorney and my husband an ammendment was filed with the court that had my initials on it. I can go to court and let them know that those are not my initials and ask to have the motion set aside. I have not done this because I am not sure if it is the right thing to do. I could go in and ask for my fair share but that would upset my husband terribly.
Hi Betty,
Think about what you wrote, “he filed divorce to in order to protect his home and business assets in the event of a divorce” .. It sounds to me like he just wants a divorce… period.
As a Christian, you cannot continue to live with him after your divorce is final… why would you even be thinking that way? When a man files for divorce that means the relationship is over, I don’t care what he says. And if he’s saying that he filed for divorce because he doesn’t want you to get any of his assets, then he loves money as well, not you. So I believe you should see what a Judge would order for you in a fair division of the community property, including spousal support if you qualify and start looking for another place to live. He wanted out, so you need to get out of “his” house.
I know this is likely not the perspective you were expecting, so please call me at the office so we can talk more about helping you.
Thank you,
Janet (714) 444-2984
wife divorced me wants child support, but i have been injured and not able to work. do not have a house or apt to live in. could be called homeless
how can she force me to pay her ?
Hi, Janet,
first of all let me say that I love your radio show and I believe that you are definitely anointed by God doing what you do. Folks need you-I need you! Now, for my Question: I work for a local city government in LA. I am under duress and great stress, which is beginning to affect my health. My Immediate supervisor tells me frequently to find another job, and disregards me when I speaks he talks over me, discriminates with assignments, overtime and even uses city resources to track me (even having my coworkers to rotate policing me). I have found tracking devices in my city vehicle-that no other coworkers have installed in their vans, and brought it to the GM of the dept.-she did nothing but aided in the conspiracy to fire me(though I’m still employed there). My personnel files have been breached, and negative documentation placed in my folder. My home address is given out to my coworkers and they use it to track me with google earth. This is retaliation from a complaint I filed against a Sr. supervisor that verbally assaulted me and physically pushed me in the back-back in 2003. Ever since then I have been the victim of discrimination and blacklisted because the supervisor I filed a complaint against has so much power and allies in the City and they’re like family. Just today I was entrapped with two supervisors hiding behind an office door and another provoking me with a trivial discussion while the other were filing a report hearing from a keyed up radio in the supervisor holding the conversation with me pocket.
My question is how do I go about filing a complaint, I’m extremely confused; and, I want to quit but I need this job, but I know things aren’t going to change. I went to EEOC, but it difficult to articulate. Can you please help me and give me some direction? Can I file workman’s compensation because of the stress that’s affecting my breathing and eye site? Your precious and professional answer awaits.
Your Brother in the Lord.
Janet,
How do I call you for legal services. I noticed on your website you have an application to submit for legal services.
Does your office have a phone#.
I love your Radio Show, Saturday Nites and your tapes have been a blessing.
Hope you get in touch with me soon.
Cynthia
Yes (714) 444-2984
Look forward to talking to you soon!
I listened to your program for the first time this weekend and I thought maybe you could help us with a problem with a creditor. While refinancing our home it was bought to our attention that a medical bill was sent to collections. I investigated the issue and contacted the service company and had found that the billed the wrong insurance. I requested a copy of the bill and submitted it to the correct insurance company and they payed the bill on full. A few weeks after the insurance company paid the balance in full a received a phone call from the collections company saying that we owed them for the interest on the account. I told them I would only pay the amount if I received a written letter stating that debt would be removed from all the credit reports. They stated they would not do so. So I did not pay. My question is 1: do I have to pay since my insurance payed the debt? 2: do they have to remove this from our credit report? We are from Bakersfield ,Ca
Thank you and have a blessed day!
Hi Joey,
The question is, who make the billing error? Was it the doctors office?
I think the creditor is just playing “hard ball” with you, I’d go around them and back to the doctor’s office or medical provider and tell them about their error AND tell them to “call off the dogs” because this collections company is employed by them…
After that, write a letter to the three credit reporting agencies and advise them that you dispute this ding on your credit and why… tell them to remove it directly, forget about the collection agency —
Hope that Helps!
Janet
Hello Janet . First thank you for being such a faithful servant in our Lord and Saviour Christ Jesus. I need help from a brother or sister in Christ who can HELP as sister who is being railroaded (really) by SSI with claims of overpayments. I do own them some money that is true but they have take several workers, not following the left hand while the right hand was doing something else. They applied wrong info. to more then 1/2 of the case and I need a low cost, no cost lawery to help me with a appeal and hearing. I have proof to all I do not own and to what I do. I have looked everywhere to get help and this is the short story. I have typed up some of what is happening to me so that I may send it to you, not sure where to send it. You are my last hope ( I know God is holding me in the cleft of the rock) but I need some earthly help. I am poor with no income and If I can not get help I will be railroaded. This is the short version of what is happening to me. I owe for yr 2010 maybe 1500-2000 not do to any wrong doing just to timing of my husbands unemployment checks. They in the middle of that year ,after them checking my info in the begining of that same year said they owed me some money; out of the blue said I owed them 2000.00 dating back to 2005. I asked for a hearing. did not have a lawery ( a worker at the office scared me out of tryin to get one more detail in the long version) after about 6-8 months got one. put together the proof that they were incorrect. They then said I owed 7000.00 out of nowhere and held a hearing on that not on the 2000. They have also now say I owe 4000.00 from somwhere else, they keep comming up with number out of the air. At the hearing ( I was rushed, also more details in long version ) they did not look at but 1/3 of my proof and kept shutting me down when I would try to bring up more things. I mean they did not look at bank statements, my husbands work info or unemployment, his 401k in, ect nothing but the 1st proofs I was showing them of what there own office had said that I did not owe. Please My husband just started working again after 3 yrs of not finding work with the blessing (many many ) blessing of our heavenly Father we get by on his income we do not have much. I know life is not fair and I know saten is fighting mad cause being unable to work a reg job I serve the Lord so I understand the attack. The Lord as blessed me ( not by my strenght but His ) to lead 50 souls to him this year so far and that old devil want to stop me. I need someone who can help me PLEASE PLEASE help me. This as I said is the short version. I will call ,meet .whatever it take to show I am telling the truth about them tryin to railroad me. Thank you for your time and may God continue to bless your work and service.
Hello, i am in a divorce process, my wife has a job but is payed cash and she is using that money to go to school withinstead of paying for necessities , which i am now paying for all even though she has the car and the kids, i am paying for it all.. how do i work this out to establish myself as a single father with my own bills and place, car etc while being stuck in this rut of expenses
Hi Micah,
Its not clear if you are in a court proceeding or not, but once you file something you would argue that she gets paid under the table (whatever the amount) and that amount should be imputed to her as income when determining what child support amount you are ordered to pay. Have you run the numbers on this yet?
Janet,
My mother in law has failing health (Alzheimer’s ) and her current house is not in her trust, only her old house (previously sold) is in the trust. The current house is in her name and her deceased husband’s name. If we needed to sell this house to help pay for her health care facility, what is the best option that we have available to us? Do we need to get the house into the trust or could we have her husband’s name removed in place of my wife and her sister.
Also if my mother law should pass before this current house is put into the trust, would it default to the trust because the proceeds from their old house were used to purchase this current house? This is the way we read the trust papers, but I am not too sure about this.
Thanks,
Rob Hager
Hi. We ordered a DVD from a website, they sent us the book instead. It is outlined in our confirmation email that it was in fact the DVD we ordered. We emailed the company and after several back and forth emails, they said they would send a prepaid return label to send the book back and they would send us the DVD upon receipt of the book. We returned the book through UPS and according to the tracking number I was given, it had been returned. After further questioning, the company emailed us that we sent it to the wrong address (they never give us a phone number). We sent it to the address on the label they provided us. Now, they have their book they sent to us, and we do not have a refund or the DVD we originally ordered. We are frustrated and have been trying to contact this company repeatedly since August 26, 2011. What would you advise us to do?
Hi Brad,
I would make contact with your bank if you used a debit card or your credit card company if you used a credit card, right away and register a complaint or challenged to that charge based on the company’s failure to deliver the product you paid for. Sometimes, the amount can be reversed out if it is determined that you are correct. Otherwise, I’d just keep up what you’re doing but ask to speak to the manager or supervisor in customer service.
Thank you for your question!
Janet
Thank you so much. I called my credit card company and they are taking care of me. I enjoy listening to your show on k-wave.
Thanks so much,
Brad
Hi Janet
I enjoy listening to you on kwave 107.9.
I have a quick question. I went to a dentist for two implants and he gave me a contract which included the implants and a flipper. I decided to stop going to him because he was charging me too much. I didn’t finish the treatment. I got a bone graft and a flipper from this dentist but never got the implants. I asked this dentist for an updated invoice so I could pay him for what he did. He changed the price for everything and my total charge is only about $200 less than if I had kept going on with the treatment. Can he do this? Can he hike up all the charges?
Also, this dentist offered to do a crown for free since I told him I only wanted the implants and was on a tight budget. Now, he is charging me for the crown. I went to a new dentist who only charged me about a fifth of the price and he had to add more bone because he said my other dentist had not added enough bone. He also said my old dentist did a bad job on the crown.
Do I have to pay my old dentist the new charges or should I go with the original charges?
Thank you for your time and may God continue to bless you.
Thank you,
Reina
Hi Reina,
If you have a contract you signed with the dentist, didn’t it reflect the original amount you agreed to? As long as its on the contract, he cannot then increase the amount of the contract without you entering into another one. In fact, he didn’t even finish all of the services to be performed on that contract. So I’d ask him to reduce the old contract price by a substantial sum because he did not complete all the work…. Your risk in this situation is to wait it out, tell him you will not pay him anything and see if he will comply with your demand to reduce the bill. The worst thing that can happen to you is that he’d file a small claims case against you, but you’d get notice of that and well… you could obviously pay him any time to make the small claims case go away and avoid a judgment on your credit record….
Hope that helps!
Thank you for your question!
Janet
Hi Janet
Thank you for your advice. I have one small problem though. I had to take out a loan with carecredit to pay the dentist. So now I owe the credit company not the dentist and he is not willing to give me a refund. I don’t want to hurt my credit score so what should I do?
Hi Reina,
Was it a dental loan, meaning the dentist referred the loan company to you? Then you should make sure you only pay that loan amount; nothing more and the rest of my advice as applies as stated.
Janet
Dear Janet, I was driving around, running errands and heard you on Las Vegas, Nevada radio station 98.1 FM ra today for the first time. I didn’t want to get out of the car. Your insight is so refreshing in that you get straight to the heart of the matter in every situation. Are you on Christian television? If you are, when and where?
Hi Mille,
We’re so excited for our new listening audience in Las Vegas! Instead of “sin city” I’m declaring it “sanctified city”
Not on Christian television yet, but we’re planning on it…
Thanks so much for joining us yesterday, please call in to just say “hi” anytime
Janet
Janet – Have been listening to you for a couple months now off and on. PRAISE THE LORD for the fruit of the Spirit. You are patient, kind, wise, loving and compassionate. Thank you for speaking the Truth in Love and being firm when necessary. Your biblical counseling is a breath of fresh air to the radio station.
In Christ Alone – Tammy
Hi Tammy,
Thank you for listening and taking the time to blog your comment… by the end of yesterday’s program, I kinda felt like a General Contractor who had been pounding cement. It was tough getting through to a few of the callers yesterday, but thank you so much for your encouragement!
Janet
Hi Janet:
My husband and I sent you an email earlier and was wondering if their is something you can to do to help us in this matter. It’s regarding a modification that didn’t go will, and we are trying to get our money back from Department of Real Estate, but they are requesting that we supply them with this guy access. We have given all the paper work we have and all the receipts all the court papers, including the Abstract of Restitution.
This guy has rip us off plus from what I know a few other people. I don’t know how to get information about him that they are requesting. Please help us so we can somehow put this behind us.
Thank you,
Hi,
What kind of information do they want? I may be able to think of a way to get it, but it obviously depends on what their are seeking.
For everyone reading this blog they need to know that a very low percentage of loan modifications are approved.
Thank you for your question!
Janet
Hi Janet,
Thank you for your ministry. The Lord bless you and your life’s work committed to Him and His people. I wanted to thank you again for taking my call on your radio show.
I’m over 40 and have been married over 20 years to the same man. He is very controlling to the point of not letting me talk and only allowing me to answer yes or no when he demands. I finally filed for divorce. The kids are fine with it but they are angry I filed a Restraining Order.. its temporary for now. He has been ordered out of the home, but, has cut me off financially.
My husband and I acquired our home in his name while we were married because I had bad credit at the time. However, he did promise to add me to the title which he never did. We have parcels of land and another house that was given to us by his father (if we promised to take care of my father in law and let him live with us — which we did). Now, my husband is claiming that everything is his inheritance — given to him by his father… even though I was the one who took care of his father. He said that if I don’t move out of his house he will short sale it next month.
My attorney said he is not familiar with property laws and suggests I move out, file for food stamps, find a job and start over. This doesn’t settle right with me. Please help me Janet. Do you know about inheritance laws, and how they apply in a marriage disillusion?
Also, I’ve run out of money and still have one child that depends on me to for transportation to school and back. My husband dropped me from the car insurance policy and now my car registration is cancelled.. which was delinquent by the way, because he refused to pay for my registration renewal. Even though he knew that I’ve been teaching my minor child behind the wheel training. Please, please, please help me if you can.
Praying for wisdom,
Ana
Hi Ana,
Your attorney should know that their are standard restraining orders on the summons to the Petition and he should not have taken you off insurance; and your should already have an OSC on calendar for temporary spousal support and child support…. no food stamps and you’re not moving out after getting a restraining order! He could be ordered to pay you support indefinitely because your marriage is long term (ie) over 10 years.
Please call my office and I’ll get you connected with a new attorney ASAP!
Thank you for your question!
Janet (714) 444-2984
Hi Janet,
I was driving down an unfamiliar street late the other nite and when I approached the intersection and stopped at the lite I saw a flash of lite coming from a camera across the street and thought was that from me how could that be if I didnt run a lite. I looked over and saw another car already stopped waiting for the lite there to the left of me and I notice I stopped just about 1 foot ahead of him right at the intersection marking so is it possible this could have triggered the camera even if I was stopped far behind the intersection? Could this be a violation if I did NOT run the lite? i heard they’re doing away with these red lite cameras and dismissing them in traffic court if this is this true than why are they still up and functioning? I appreciate your prayer of areement that this is CANCELLED & I will not get this letter, otherwise what do i do if i do? I did nothing wrong by the Blood of Jesus Amen!
Thank you Sincerely Yours
Hi,
Well, continue to pray that you don’t get the letter… if you didn’t cross through and the camera took the picture, then it may have just been a false shot– if you do get something in the mail, make sure you carefully look at the picture to see if it depicts your vehicle violating the law… if it doesn’t you’d make that argument to the judge; but you’d better be correct, because if it does or the judge disagrees you get the moving violation on your record. If the picture does depict a violation, if you qualify, just go to traffic school to keep this off your driving record. It’ll be much cheaper in the long run on your car insurance premiums.
Thank you for your question!
Janet
Hi Janet!
He hasn’t paid CS since 2009 he was jailed for 3 weeks for assauting a man (his friend bailed him out) I’m such a dedicated mother that I even took my kids to the jail to visit him! The teens are a handful these days and disrespectful, and they get it from their dad. Here’s the kicker….the dad attends Bible College, conitually takes me to family law court, about once a year the past 7 years. I am trying to not be moved by the ex’s actions (although he is utterly frustrating, controlling, and unreasonable.) Last year took me to court to prevent me from sending my kids to Christian School. Weird! I KNOW he is a wolf in sheep’s clothing, but it’s hard to find anyone to Biblically intervene…. Your thoughts? He apparently isn’t willing and able to work with me, the other parent in child-sharing….He also took off with the kids June 2004 to December 2004 for 5 months at the beginning of the divorce, and “hid” the kids from me, until I took him to court to get the kids back, his attorney got me to sign out of financial support then he gave them back to me 6 days a weeks….the Lord worked it out in child support services thus far….and frankly now I don’t need his money, am remarried with another child. It just hurts how he pits the kids against me and tells me, my mom, and sister, and them that I “kicked them out”. Interesting, I thought he was going to help, but he is making things very messy for the kids during their teen years. It would be reasonable to have the set visiting times with them. The ex is refusing to facilitate visits.
I was on hold for 40 minutes Sat to talk on KWVE and I heard you welcome me and then my phone battery died at that moment. Bummer!! I lost the call then. So, this is my situation….Dealing with an Ex, I allowed my 2 teens to live with him, 20 minutes away to attend a better school, my husband and I “thought” he would reasonably help. Turns out he reported to child support service this week that he has the kids 100% of the time. Get this, now my daughter age 15 is telling me she will see me when see want…in 2 months it’s been one time….I sent a demand letter to him to bring the kids Sundays 1-9 and Tuesdays 5:30-9 as I go there and wait and they don’t answer the door and my daughter follws his lead in saying “they have plans”. It is sad he does this for the sake of keeping his money
Hi Anne,
Sounds like you need to get back into court and get some visitation ordered, but your kids are old enough to know better than to act the way they are around you… sometimes with the teens, you cannot change their defiled perspective as reflected by the other parent; and it won’t change until they grow up. So just how bad is it? If they are rude and rebellious and don’t want to be around you, then keep them away from your new child! They’re a bad influence.
If you’d like an attorney referral please call the office (714) 444-2984
Thanks for your question!
Janet
Hello Janet,
I thank God for your program. I don’t know where to begin. First, my husband and I are separated. During our sixteen year marriage we made arrangements that I would not hold any benefits or have any money deducted from my earnings to go onto a retirement account. This would allow me to make a significantly larger amount of money monthly. Since he is no longer in the home everything is a mess we have two children and he has all of the savings. I have no access to any of the savings accounts as they are through his work CU. I have asked to be given some savings so that the kids and I have some money for emergencies. But nothing has been given. We have three properties together and I had to file bankruptcy in order to keep our primary res. He lives in one of the other properties which is being used as a sober living ministry home. He shares a room with the house manager. We are in a law suite with the homeowners association because of the sober living home. He went ahead without my knowledge and sent in responses to the lawsuit without my permission and had on of the men at the home prepare those responses who is not an attorney. They submitted these responses and told the attorney that this gentleman was representing both of us. This man is not an attorney and therefore can not represent us. I met the guy in Sept. for the first time. The responses were wrong and the attorney for the association is not happy with all of the trouble this man is causing, but my husband can’t seem to understand that this is hurting the situation. I need to know what to do
You need to file for divorce or separation in order to get your share of that bank account…. and you need to make contact with the opposing counsel in the lawsuit and advise him/her you are not being represented by whoever this other non-attorney person is….
The real question is, with all of this going on, why haven’t you filed anything yet?
Hi Janet,
My son is worried about traveling to Canada for work because he has a misdemeanor and he was told that the Canadian government does not allow anyone who is not a Canadian citizen into their country if they have been convicted of a misdemeanor. His misdemeanor had taken place over 8 years ago when he was 18 year old for having unopened beers in the trunk of his car resulting in an MIP and he also had a small bottle of mace in the car which resulted in a misdemeanor for a weapon possession. I gave him the bottle of mace for protection because he would camp in the mountains and i feel horrible that it resulted in a criminal charge.
He has to travel to Canada to meet with clients of his or he could potentially lose his job. Do you think he will have any problems traveling there by plane in 3 weeks? I am very worried for him and any advice you could give us would be extremely appreciated.
God Bless,
Deb
Hi Deb,
I have no idea! You can call my office (714) 444-2984 and I can give you an Immigration Attorney referral, but to be honest with you, even with legal advice I think the boarder patrol will do whatever they want whenever they want in these kinds of situations. Why don’t you suggest your son make an attempt to meet via video conferencing or some other way?
Janet
Janet,
I was recently let go by my employer and feel I was a victim of wrongful termination and I remember a
while back you had a discussion with someone in the same position and you’d had give that person
a referral of an attorney who specializes in this area of law and I would appreciate that same referral.
Hi Janet,
. the Control freak in my life is now turning all spiritual, reading the bible, listening to christian music. but the behavior has not changed. Yikes. Scary.
I love Saturday nights!!! Thank you so much!! I am learning and growing,
all good. Love the book. I have read through it and am going back again
to “glean from the edges” like Ruth
How the controlling spirit will let the person go to church and read the bible, but still not change from needing absolute control is disturbing.
I wanted to let you know, I read the book, then you go over it on Saturdays and I get even more out of it.
thank you for listening to the Holy Spirit and doing this work. I really appreciate it.
Janet, i have a question- i just got Control Freaked with my mother. She is one who lives alone thus she expects me to listen to all she has to say. i became emotionally upset whenever i hear from her pitying my sister who seems/seemed always hungry (esp financially). Because i was real sure that my mom’s attitude is not biblical – in Christ we have no in lack – my sister has house in Oregon, however she lives in her daughter’s big house in Virginia for taking care of her grandsons – my mom thinks that is a pretty pitiable. Well my sister is one who pours out to her – ironically the sister is the first one who became a Christian in our family.
Then she pitied me too because i do not love my husband affectionately. On that remark i got upset again. Yes i was before, but now me and my husband are getting along excellently.
If she was one of my friends, i would stop the friendship. Now she is my mother and she is wonderful in many ways and God commands us to honor our parents.
Please Janet tell me your take on this relationship with parents – sometimes difficult and sometimes ….
Dear Su,
Please keep reading!! There are 4 different dessert options for you to serve to any Control Freak, but you must figure out which one the Lord wants you to serve in any given situation. We’re not that far yet on Saturday nights, but stick with it! We will get there soon with many examples to challenge your responses in the future….
See you Saturday!
Janet
Hi Janet,
Thank you for your ministry, I am a long time listener and I am with a small church. Can you please point us to the right direction on how to obtain and the procedure to obtain a form, preferably a free one for the 501c3 form on line.
Thank you for your time.
Hi Victor,
Yes you can go to the irs website at http://www.irs.gov and download a 1023 form and fill it out, send it in including all the attachments they ask for: Articles, Bylaws, church bulletins, etc. and make sure you include Schedule A for Churches as well!
Thank you for your question!
Janet
I recently found out that the man I have lived with for almost 13 years was a violent sex ofender in his past, and that I actually married a man who was the worst kind of convicted rapist. He has lied to me for the entire time we have been together, and now he is in jail on a failure to register charge. I am losing the home we bought together, I tried to do a short sale and found that he has a tax lien of 125,000. on the house.
I thought I had married a Christian man, but realized soon in to the marriage that he was not. He was unfaithful and eventually due to health concerns was placed on permanent disability.
Since he has been in Jail all of our friends have disowned me, they won’t even speak to me. I am losing my “Dream Home” and just found out that he cosigned for a truck that was repossed, my name wasn’t on it, but they took me to court without notification and are now garnishing my wages. This is no joke. I don’t know what to do, I have been teetoring on the verge of a nervous breakdown for months and have started having a few drinks every night. What can I do? I am scared, afraid, confused. Christian women do not seek divorce unless there is adaulterty, and I didn’t seek divorce when the adaultry happened. Now he is in jail and has really become a Christian and is telling me that I can’t divorce him, that God would not approve. What do I do now?
Hi Karen,
Please call me at the office so we can talk about this as soon as you can (714) 444-2984.
We have an Assignment of Deed of Trust recorded at the County Recorders Office on our property. The 1 page ADT
is signed by a known robo signer as Vice President of the original lender transferring the deed to a mortgage servicer and it is notarized and the notary signature is just a squiggle/not legal whole name. The robo signer and notary were part of a lawsuit in Florida against a mortgage mill. At this mill the v.p. signer was shown be a witness on some docs and the notary could be a v.p. on the docs, one even signing as attorney for the lenders…all spilled out in depositions. The news program 60 minutes did a report on this so I did some digging and found the robo name on the deed. It is fraud to record a false document at any County Recorders office. HELP? Attorney? Thanks, Pat
Hi Pat,
It’s hard for me to understand exactly what you are talking about without seeing the documents for myself. But I will say, if they have put a lien on your property that is not valid in any way, such as you not owing the amount they’ve put on the lien, then yes there is something wrong with that. Your remedy is to file a lawsuit to “quiet title” or clear that lien or “cloud” on your title off. If you need an attorney referral I do have someone that can take a close look at your documents and let you know your options.
Please contact my office (714) 444-2984
Thank you for your question and for listening to the Program!
Janet
Hi Janet
My mother in law has a lien on her mobil home
throu credit card debts She is 77 yrs old
Is there a remedy for her except to file B/k?
the debt is approx 18,000 dollars.
Can they sell the mobil home out from under her and can I go online to find who is holding the lien?
Thank you Chuck Crisafulli
Hi Chuck,
I’m assuming the lien is a judgment lien? They’ve already sued and got a judgment against her correct? In such case, no the house won’t go into foreclosure, but when it sells the liens must be paid off to give clear title to the buyer. So if there is equity, you may just wait for that, or if not you can try to negotiate a reduced settlement amount with each creditor to get them to remove the lien. But whatever the amount they agree to, get it in writing BEFORE you pay the money.
Hope that helps!
Janet
Hi Janet, I listen to your radio program and think it is awesome. I have a question, I’m dealing with an older son who married a control freak/lesbian. This woman even has her lesbian lover living with them and they have been married for 4 years now. She not only has my son in check and under her spell but is doing her best to try and put me under her spell as well as my other 2 son. So far the advice I gotten from family members including my mom is to just deal with it. But I am so ready to completely cut ties with my son and her, not just for this situation but for her constantly lying and doing undermining thing within the family. I don’t have your book control freak yet…but I want it. And I have sat down and talked with my son on several occasion because it has been causing conflict within the family, but nothing changes so I’m at the end of my rope.
Hi Sonja
Your son is likely being “divined” (controlled) by his wife if he’s staying in this relationship, quite possibly controlled sexually as well. There is a portion of the book that talks about this “divining” spirit in relationships. We’re teaching through the book on Saturday nights, I don’t agree with your “family members” advice, this problem is bigger than they’d imagine. If you and your family can join us, I think the Book and the teaching will give you the right perspective on the spirit of control.
Directions at http://www.JanetCarter.org as well as more about the book.
I hope to meet you soon!
Janet
Janet,
I think I am a control freak due to the way I was brought up. I was abandoned many many of times from by my father of whom I grew up with after my mother left me when I was baby.
I feel running away every time when things go out of control – especially in the boy friend relationship situation I seem to be the one who would always be in control in everything we do in every relationship, if not I would just break off the relationship and never go back again. This has happened to me many of times. I was wondering if you can recommend some books for me to read that will help me reverse this condition that I have?
I’d appreciate it very much if you can do that.
May God bless you for all that good work you do.
Sincerely,
Teresa
Hi Teresa,
You’re sure asking the right question to the right person. Check out my website http://www.JanetCarter.org and go to the top of the page and click on the CONTROL FREAK banner. You can learn more about the book there and also by clicking the long black tab, you can learn what others are saying about the book as they’re reading it. We are teaching through it on Saturday Nights at Life Church in Irvine. Join us this Saturday, you can pick up a book and step right in to where we are, by the end of the year, you’ll be a different person!
Hope to meet you soon !
Janet
Hi Janet, I have a question. My mother hired an attorney for a personal injury case. We are not satisfied with the service that this company has given. The staff is rude. The attorney is never available to answer any questions. The person in charge of the case (paralegal) is rude and never returns calls or emails to questions. They never spoke to my mother about the case. I even had to get the police report myself and forward it to them. There were errors in the police report and this firm has not even attempted to go over this with my mother to check for the accuracy of this. My mother was hit by a driver who didn’t see her behind him and stuck her. Thank the Lord, she was not critically injured. Nevertheless, she still has some minor injuries. Perhaps because this is not a huge case they are not that motivated to help. My mother would like to proceed in small claims court now. The agreement with the law office states that if she chooses to have them no longer represent her, that they would still be entitled to the fees from a settlement reached. Since we would like to take this to small claims, can they demand payment immediately if we fire them? And how do we do that? By fax, certified mail? What are our rights as to payment to them. I want to be fair but I want to severe ties with this attorney? What would you suggest?
Thanks for your help Janet!
Hi,
Well usually personal injury attorneys who are fired put a lien on the case to collect their attorney’s fees and costs. The problem is, sometimes they bolster the fees to make it look like they did more than they really did once you fire them. I don’t know what the numbers are on the case, but they’d be entitled to some percentage of the recovery if you get a judgment. If liability is clear, the other side’s insurance company may pay to settle which will be much easier for you to get the money “in hand” than it would be for you to sue, risk losing, or even if you win trying to find a way to collect on a judgment when you don’t know where this other party banks or works etc.
I would try a different approach with your attorneys office and see if you can find out if they’ve send a demand letter to the adjuster yet or if they’ve filed suit. Or, you can call the adjuster of the other driver’s insurance company yourself to check status if you have that information. The adjuster may make a deal with you directly to settle your case. At which point, you can then provide fees/costs to your attorney.
Thank you for your question!
Janet
I would like to know how I can go about and get my
Grandkids. They are with a none family member. She is a lesbian. She doesn’t answer the phone or let us see them. My son wants to get them too, but doesn’t know what to do.. My parents and in laws want to see them too. They are not getting any younger. The mom is out there somewhere. I do not think she wants them. We need to see them and show them that we love them
Thank You,
Diane
Hi Diane,
If your son is their father then have him file a paternity suit to gain custody/visitation of the children… I’m not sure by your question who the person is that has them, or if its from a foster care situation or that the mother gave her kids to a friend.
Hope that gets you started!
Janet
Listening to the show today (Sept 10) and I left the room for a moment & missed your full response to the caller reguarding smoking. I know someone who so needs to hear this, is there any way to get a copy of your full response and the scripture reference used? Thank you so much for your show and your compassionate biblical wisdom.
God bless you and your ministry. Can you tell me if I am responsible for my husband’s debts after he moves out? It’s been 14 months and about $50,000. Cards are in both names. Must I file for separate maintence and what is the cheapest way to do that? Thank you for any help you can give. We are both Christians.
Hi Kathy,
Technically you should not be responsible but you do need to follow through with the paperwork, or legal filings to make sure you are not. If your husband is willing to cooperate you both can contact my office for Mediation and I can complete all the paperwork you’ll need to file with the clerk.
Let me know if I can help! (714) 444-2984
Janet
Hello Janet thanks for your program ministry Ive learned alot! but when i bought a mobile home 10 years ago there was a tree in my yard that has grown very large since then and now the park management wants me to cut it down because they claim the limbs are now reaching over into the neighbors roof. Who is actually responsibe for this? I pay them space rent every month and recently they have increased it! Neighbors, dogs behind me continue to bark day and night and disturb my rest and peace since Ive lived here, and i have complained about other disturbances, and when i do complain on a certain neighbor destroying my property, that they have befriended, they retaliate such as they are doing now! what do I do? i dont have enough to try to move and pay an attorney I have no where to go PLEASE HELP! God Bless!
Hi
If you don’t own the property where the tree is located and the mobile home park does, then it would be their responsibility to maintain their own property, including overgrown trees. But it sounds like something much deeper is going on, like your neighbors want to make it so uncomfortable for you that they force you to move. Is there more to the story?
Let me know,
Janet
Dear Janet, I am having a problem at work with 2 co-workers that appear to be getting together to cause me trouble. I will call one K1 and the other K2. I have been here the longest and I got K1 his job. I am an A type personality who does not want to cause anyone problems and who does not walk on other people to get ahead. The first problem is K1 who does not like being asked anything about why something is not done or why it wasn’t done per instructions. He is very passive aggressive and although I once asked him if he were upset with me he said NO! and I don’t have to talk do I?
He started telling the new hires that they would not like working with me, to watch their backs, that I am mean and when they eventually work with me, they have all said, You are not what I was told to expect. So I know he did it. I did go to my supervisor and she spoke to him about it, I was told. I didn’t wish to cause him any big troubles, just wanted him to stop it so I did not push it any further.
New employee who is a bit like me. A personality, has his opinions but appears he will be a good worker. I asked him to empty his trash when he left for the day because we share workstations and it smells. He agreed and I thanked him. The problem, the two K’s are talking and of course I am paranoid so I watch them leave together. My supervisor is aware that I am doing this because I mention it and we’re talking maybe a minute as we can see the parking lot from our window. 2 weeks ago K1 was logged out but hanging around. I start t 3:30pm and by 3:40 K2 was still working so I said he could go, I could take care of whatever and I said K1 was waiting for him to walk out. He got done in a few mins and left and I did go out to the balcony to ask my supervisor a question as she had left just after them. I saw K2′s car pulling out of the lot onto the main road. K1 was talking to my supervisor so I waited a minute and then asked what they were talking about because I was waiting. Question asked, they leave and I come back to work. Guy I was working with, Eddy noticed nothing and I said nothing.
Next day I come in and K2 says I can have the system. I ask if there is a turnover and he says yes but doesn’t give it to me but stands there with his arms folded glaring at me. I asked what was wrong and he let go… Called me effing crazy, said I was stalking him, etc. This went on for 10 minutes calling me a crazy b…. Said I could not talk to him like I talk to other people. He mentioned me following him to the parking lot and standing on the balcony. The balcony he could not know about as he was leaving. Only K1 could have said anything about it.
I told him I was sorry if he had gotten dragged into the problem with K1 but that was not the way to handle it. He said he didn’t care that is how he handled it…. on and on and on and luckily Eddy was there to say I had apologized and K2 said it wasn’t sincere enough.
Fast forward to supervisor meeting next day and the next week where I am told that my personality upsets the boys. That their perception is valid and although K2 should not have done that he is allowed to have his opinion. I apologized but he won’t and the situation is becoming intolerable. I am being forced to have a meeting with all the guys involved next week and I know I am going to be attacked by them, although Mangement says this won’t happen. In the meantime, K2 is still doing small things at the shared station to try and annoy me, although since I know that is what he is doing it is not. I mentioned this to my supervisor just to let her know and while she appears to be sympathetic to me, this new person who has only been here maybe 5-6 weeks and is only a contractor and who was supposed to work only part time after training, is now working full time although still a contractor. We have to many people working here now and I am wondering what is going on, although I have been told by the upper echelon that I am the best worker, I go above and beyond and my review shows this. I was also told by the owner of the company who participated in the last meeting that this had to be resolved or something would have to change. Am I being threatened?
I sent the owner an email requesting that I not have to meet all the guys together: they all have said that my strong personality can be off putting, which is strange because outside of work details I do not discuss politics, or anything that could be considered aggressive. They complained that I find small things wrong. My supervisor could stand up for me here as I know longer speak to them directly since I don’t want to upset them, but contact her and let her know what is happening and asking her if she wants me to fix it or let her handle it. It’s about half/half and I am getting in trouble for doing my job and correcting their mistakes. Segue sorry. I asked the owner if instead of a grand inquisition meeting if I could just meet them one on one which would give me a better advantage. What do you think about that.
I am also concerned about K2 who does not speak to me but turns his head the other way if I go by and as I said he is doing small things to see if he can annoy me which he never did before. I question whether this hostile environment can be fixed between him and me when he refuses to apologize for cursing and screaming at me and when I did apologize, several times, he refused to accept it. The owner seems to think we have to get along but it feels like it is me who has to completely give in and not K2 which I think will lead to him(aggressive) pushing me more and more in the future. He is already pushing the others (he is the newest employee) to do things his way and they give in.) If I ask, I am the pushy woman….
Any suggestions…… My church does not like lawsuits and neither do I but sometimes…. This is a small, small company with about 6 people in my department including my supervisor and about 9 or 10 other people total. Small.
Thank you
Ever since hearing of the issue I will soon extrapolate, I have asked God for a course of action, and after just last week finding KWVE, your wonderful show comes on the air!
I have an elder in my church who has for the last twenty years supported mistreatment from his spouse and his children. When he was in his 20′s he was called as an evangelist and he would regularly leave to other countries for long periods of time. Though he always made sure his family was cared for, they held resentment for this. It’s been over 60 years now and they have not forgiven him. Neither his children nor spouse are longer christians, He on the other hand continues a strong pillar in our church community.
He lives with his wife (their children visit often) but though it’s his house, he lives in a locked room for fear that his spouse and children might do something to him or his belongings. We (The Church) care for him and make sure he’s well throughout the week
Last week though, they (his family) broke into his home. A niece who always ignored him had invited him out to eat, he took it as an olive branch and with hopes went with her. It had been a ploy. While she took him out his family came over, broke into his room, stole his valuables, took his furniture (Bed, desks etc), destroyed his only transport (scooter) and personal belongings in search of his will. This we know because they had been asking to look at it recently and he was missing all his documents. They didn’t find it. The reason we know it was his family is because a neighbor described what was going on, who was going in and out and how they were moving all the heavy furniture out.)
Because of this act, I’ve looked into more matters and have found out they’ve forged his signature on documents including his bank account, his social security naming his wife as the benefactor (His wife who now cashes the checks and gives him no money) his credit, etc. He has no power over his own money & credit which they’ve ruined we now know. He reluctantly called the police so the event could be noted but we don’t know where to go from here. He is the sole economic income in his house and they have taken advantage of him.
Please help me, he is like a grandfather to me but I am only 22 and I don’t have a home of my own or stable income to support him and the church can only do so much as we are a very humble congregation. Is there a way we could get things back to how they are suppose to be legally? With his checks and bank account back in his name etc. Should I speak with a lawyer? I hope that justice can be done for what has happened to him, he is such a powerful man of God and I hate seeing him abused this way. Please, help us, thank you, may God bless you always.
Perla
Yes Perla,
You should make sure the breaking and entering crime is reported along with the forgery as well. He needs to be moved out of that house and away from that “family” of his. You should take him to the bank and have him withdraw all his money and close those bank accounts and take him to the social security office and have them send his social security income to a PO Box that you should rent for him to use (so that no one from his “family” can get his income). Naturally, he’s going to need all his IDs, Driver’s License, Social Security card, etc. in order to prove his identity. If he wants to you can also have him do another will or trust, expressly revoking the last will he did and write his “family” members out of it…. which I’m assuming he’s wanting to do at this point.
Thank you for your question and for helping the man of God!
Janet
Dear Janet,
I was summoned to court for an outstanding balance that I have with a credit card company. The past three months I have been making good faith payments to a law firm that has been handling the debt. Apparently the good faith payments were not enough. I do have a new job that pays more money and I am willing to try and pay the debt off. I would rather not go to court, although if that is my only option then I guess I will. I have 30 days to respond to the summons. The law firm handling the debt is suing me in civil court. Should I just call the law firm that I have been making good faith payments to and try and resolve the matter? Are there any other options available? I’m nervous about having them levying my bank account and/or garnishing my wages.
Thank you for your help,
Timothy
Hi Timothy,
Yes they’re trying to get a judgment to garnish your wages if you’ve told them where you work already, this could mean up to 1/2 of your income, which for most people can be very difficult to live off of. So if you haven’t told them your new employment information I wouldn’t do that. The summons you received doesn’t necessarily mean that you have to appear in court in person, just to file an answer to the complaint. You can call the firm and try to settle, but I’m guessing that they want more than you’re offering to pay each month. You might suggest to them, instead of paying the $300+ to “appear” in the case, that they take that filing fee money and apply it to your account and dismiss the case.
That’s what I’d start with, please call my office if you need a referral to help you with the wage assignment issue as well.
Thank you for your question!
Janet
Hi Janet – I have an 8 year old granddaughter going to the 3rd grade in public school, West Covina, CA. I do not whant her indroctinated by the new law passed by Gov. Brown regarding GLBT. I cannot afford to put her in private Christian School. What can I do to prevent her from being exposed to this type of teaching? Are any other parents/guadians contacting you about what recourse we have? Thank you for the blessing you are to the Body of Christ?
Hi Lorraine,
Connect online with (NO www)— just StopSB48.com
they have petitions to complete for a pending referendum and if that approach doesn’t stop this, later they will be looking for potential plaintiffs or children in the school districts whose parents want to take a stand against the law.
Thank you for your question!
Janet
Hi,
I want to file for a divorce from my husband but I have no money to pay for it. Would he have to pay for it if i filed? And what would be the easiest financial way to go about this for me? I Know that I will need to have a job once I’d be on my own.
Hi
You can go to the clerk of court at the closest family law courthouse from where you live, ask for the paperwork to complete and then ask for a Fee Wavier form to complete. If you have no income your filing fee will get waived.
Thank you for your question!
Janet
Can you please recommend a good modification company or an modification attorney. Thank you.
Well, possibly someone who can talk to you about your options and the probability of getting a loan modification. So please contact my office (714) 444-2984 for a referral.
Thank you for your question!
Janet
Do you have a financial planner you trust with your retirement? That you would recomend. Love your show on K-wave God bless you.
Yes please call my office for a referral (714) 444-2984
Thank you!
Hello Janet, we are a family of four and my husband is currently dealing with a collection judgement that started back in fall of 2010. He has paid $1,204 since then through lump sums and wage garnishments for an acct that was originally closed in Dec 2008 for $1,224. (cell phone acct) The collection agency stopped garnishing his wages bc my husband gave them our debit card but lost his wallet, cancelled all cards therefore automatic payments to them from our acct ceased in May. Can they automatically reinstate wage garnishments? We have been struggling since this started especially since Im currently unemployed. We cannot afford the $1186.20 the agency is saying we still owe($631.33 + interest fee of $554.87) I feel that this agency has taken more than enough from us but have said they will begin garnishment again if we dont start paying soon. Are they allowed to add atty fees and interest to this acct? My husband didn’t even go to court in the first place bc he wasn’t aware that this agency was trying to sue. He never signed any serving papers. Would filing a claim of exempt form or filing for bankruptcy the only way to stop garnishment if they start it up again? Im not sure what route we should take. Ive looked into writting them a letter trying to settle for a less amount , ive looked into free legal help but we’re slightly over the low income guidelines bc of my unemployment but yet we cant afford an attorney. I have faith in our Lord that he will gives us a way out and provide. Prayer is all we have left, and any advice you give us will be a blessing. Thank you.
Hi CC,
Well they likely got a judgment against you (that you don’t know about), if they’ve been able to collect by wage assignment and are claiming attorneys fees as well. I’d ask for a copy of the judgment to verify this. You can make the argument to a Court that you didn’t have the opportunity to appear and be heard and ask for the judgment to be set aside, but then even if that gets granted you’d be in litigation fighting over something that eventually you’d lose as well (assuming the bill is legitimate, meaning you used the service during the time you got sued for). I can refer you to a bankruptcy attorney if you call the office (714) 444-2984; other than that, you can call them to settle for a lump sum, which would stop the garnishment. However you’d need to have the lump sum money to do that and I’m not sure that’s an option for your budget, unless perhaps you can borrow from someone? If so, I’d call them directly to make the lump sum deal, rather than do it by letter.
Thank you for your question!
Janet
I have a question i am divorced my ex never responded and it went into default i was granted the house but never removed her name now i am trying to sell and need her to sign a deed to remove her from the title if she refuse’s is there and other way of selling?
Hi Paul,
You can do an Order to Show Cause and go into Court and advise the Court that your ex wife is refusing to sign the Deed and if she doesn’t show and doesn’t obey a court order to sign it, the Court can make an order authorizing the Clerk of Court to sign on behalf of your wife.
Thank you for your question!
Janet
Hi, I wrote an email, but I don’t have your email address. I have a long story to make it short. I worked at a casino in Las Vegas, Nevada for 27 months. I’m a healthy 58 year old, Christian woman. While working at the casino, I developed Emphysema and COPD. Never smoke in my life. Chest was hurting, went to Urgent Care, they did all the procedure for a heart attack, and said that my heart was fine, but they found that I was in the first stage of Emphysema and COPD. I now live in Bakersfield, Ca., with my son and his family. I’m angry. The casino is owned by MGM, and is the first casino that was built in Henderson, Nevada. 88 years ago, so they do not have a filtering system for the second-hand smoke. I contacted a lawyer, but their skeptical, because of MGM. Another want a second opinion. I’m looking for an attorney, but don’t know where to look. Can you help me. I was not looking to spend my senior years with this disease, because a trillion dollar business, refused to update one of their casino. You can cut the smoke with a knife. That’s how bad it is, and the other employees are too afraid to do anything. I’m not! I would so appreciate your advice. God bless, and thank you so much. Paula Kindred-Shephard
Yes, it sounds like you have a very good worker’s compensation claim. I can refer you to an office here in California, but you really need a Worker’s Comp attorney who practices in Nevada. You may be able to contact the churches in the area to find a Christian attorney, or otherwise you can call the Bar Association for the county in which you reside and get some referrals for worker’s compensation lawyers. I would do that right away!
Thank you for your question and for listening to the Program!
Janet
Hi, I’m a big fan of your program on K-wave. I would like to know if you have a financial advisor you trust with your life savings/retirement account? and would you be willing to share the good news, God bless you and keep up the great work.
Hi David,
If you’d like to talk about being an advertiser on The Advocate Radio Program, please call the office (714) 444-2984.
Blessings!
Janetr
Hello Janet,
I think you are awesome and love to hear the wisdom and knowledge the Lord has Blessed you with. I get so encouraged hearing you speak the Truth so bold and straight forward back by the Word…
I have a question I was hoping you can direct me on…
in Aug 2010 I bought a home through a public auction in the Riverside county of CA. There was a crazy man living there who had multiple homes he was in litigation with and was foreclosing on. The one I bought happened to be the one he was living in. He was playing the game and forced me to go to the courts and get him evicted which finally took place on Dec 14, 2010, which turned into a disaster because of all the armed weapons he had in the home and his record. we had every law enforcement department on the property, k-9, swat, police, and the sheriff himself. He refused to come and pick up his belongings because till this day he thinks he is getting his home back. I have already served him a notice of abandonement and sent him an invoice for storage fees. He really does have mental issues and I am terrified of him. so scared I never moved in because I am a single mom with a 3 yr old baby girl and he would stock the home and pay the neihbors for info. I rented the home out to a deputy minus the gargare because we moved all his things into it. it is now 8 months later and I don’t know what to do with them. I was told to hold a public auction and sell everything above $300 of value and give $ to the county but I am afraid he will do something either legally or physically if i go through with it. I feel he is watching and just waiting for me to do something. there is dirt bikes, compressors, trailers, flat screen tvs etc. Should I go through with it or do I just bug his lawyer and allow more opportunities for him to pick up and pay which he is refusing to do? I am just afraid to go about things the wrong way and have been praying for guidence and discernment but still don’t know what to do…
Can you refer me to someone or do you offer legal services?
thank you so much for your time and being a blessing to me on the radio.
God bless,
Devina
Hi Devina,
There are a few things you can try, first a Mediation to settle all disputes and claims against one another, so that you can be at peace with this situation and possibly live in that house.
Second, I would get an an attorney to write a demand letter for pick up of his things to his attorney.
Third, I would also see if you can find out where he now lives in order to deliver his things there.
Fourth, if his things are not picked up in the time alloted, then I’d consult with an attorney that has experience in landlord tenant issues, I can give you a referral for that if you call the office (714) 444-2984.
Thank you for your question!
Janet
The woman with the barking dogs could also invest $10.00 at Fry’s Electronics and purchase “Bark Off.” But I hope she explores the Lord’s will about moving too. We just left California and moved to Phoenix. I’m praying for a good job here, but am glad to be working even though it’s not the ideal job.
God bless you!
Rhonda
Thanks Rhonda! I never heard of that
Hi Janet,
I went to the court house, she said this name is not here, can he block it from being viewed in public record? thanks.
Maybe he didn’t file in that courthouse? Confirm with the clerk you would be allowed access to name change petitions and do some research on line for the other potential counties where he may have filed.
Dear Janet:
A friend of mine is living in his car. He keeps watch of a warehouse everyday. He has been doing this for several years. The owner has never paid him to watch the warehouse but has allowed him to keep his van in the parking lot for free.
He works for the man as a part time machinist maybe once a week and gets paid under the table for shop work.
It is my opionion the man is not paying my friend for the “security work” of telling tresspassers to leave the property when it occurs. The man does not pay him for “security services” even though this is the reason why he allows my friend to park and live there.
Do you think this is a case to claim “lost wages” for services rendered.
Please reply via email to eamby@yahoo.com or steampigeon@yahoo.com
Very best regards
Earl Amby
Hi Earl,
No not a case for lost wages… “Lost wages” is like when there is a car accident and someone gets hurt and can’t go to work and the person responsible for the injury has to pay lost wages to make that person whole again. Your friend doesn’t have that kind of situation, in fact he needs to be concerned with the IRS and being paid under the table if he doesn’t get 1099′d or claim that money on income tax.
Thank you for your question!
Janet
No, so maybe he didn’t file at all or didn’t file in that courthouse
Hello Janet, can an apartment complex serve you a 30 day notice to leave for everyone on the lease, due to a crime committed off the apartment complex grounds, by one of the persons on the lease? when contacting the leasing office, they advised the notice was served, because they have a crime-free policy, however no crime was committed on the complex grounds. Who’d everyone on the lease have to move out?
Thank you Janet so much for your help, I tried so much online searching on public records and court records, it is hard for me find a result, I appreciate some help finding his name and info, thanks to you, God bless.
Go to the Courthouse where you believe he would have filed a Petition for Name change and see if the clerk can help you.
Dear Janet,
Thank you for your program. My parents are partners in a business that moved to Texas several years ago. They continued to live in California and the partner moved with the business. When my father passed away 4 years ago, my mother was left with this business. She owns 50 percent of the corporation and 40 percent of the partnership that owns the land and building. She was never an active partner and never worked for the company. Soon after my father passed, the partner presented an offer to buy enough shares to gain full control of the business. Mom chose not to make any decisions so soon. There is little communication with the partner and she received sporadic payments from the land partnership. She would like to know how she can get out of this situation. She needs to know her options as a corporate shareholder and what can be done to reach a deal with an uncooperative partner. We want to be sure that whatever is done would be consistent with our family’s Christian values.
Hi,
There are a few things going on. First, I’d suggest she offer to sell all of her shares back to the corporation and her interest be “bought out”. However, once that decision is made, the question then becomes how much are her shares worth? The best way to know for sure is to get a valuation of the business by an accounting firm that does Business Valuations. However, that can be very costly; say, $5K -10K + depending on the firm and the type of business. The other concern I have is whether she is being paid what she should be, even if only sporadically, given the income of the corporation. If all negotiations for buy out fail, she would have to bring a lawsuit in Texas to get her share out of the company.
Perhaps you can make contact with my office to see if I can Mediate a buy out without court intervention.
Thank you for your question and for listening to the Program!
Janet
Hi Janet,
I appreciate your ministry so much, thanks to you,
I have some questions, my ex husband is paying me spousal support as we have agreement that submitted to the court that he pay me for life, now he is having another relationship with his friend from work, and I think he is or already changed his name and is going to move from the place he is in to get married, also he is doing bankruptcy from April, my question here is: is it possible that the Judge give him a fresh start after bankruptcy and I will not get paid? Also how can I know his new name and address without him knowing that I am doing that, because he doesn’t want me to know?
And if he changed his name and moving and getting married, can he get away from paying me?
I asked him many times: are you going to stop my support, he always says: no I will not, but my children who sometimes talk to him, they tell me don’t trust him, he talk to them against me, I don’t know what to do, this is my only income, and it is hard for me to get a job, I have bad knees and cannot have a job that is physical, also I was a house wife and barely worked few times and have not enough experience to get a job, also have other health problems, I appreciate your response to me, and God bless you, thanks.
Hi,
Thank you for your question, he cannot stop spousal support without an order reflecting as much. However, I do think it odd that he is trying to change his name this may be to avoid a wage assignment for your support.
You should try to get copies of his name change because it should be public record. Once you get copies you can always prove your wage assignment is against him.
Thank you for your question and for listening to the Program!
Janet
I am trying to figure out what is the best way to get out of credit card debt. I own about 10,000 dollars, Not sure if doing a credit counseling program or filing for bankruptcy or what other options I have? Could you please give me some advice or tell me where to turn for help. I live California.
Hi,
You should first research all of your options. See if you qualify for bankruptcy; see what the credit card companies might take as a reduced settlement of your debt; and check with a consolidation company. I have some referrals for this if you could call my office (714) 444-2984 I can give you that information.
Thank you,
Janet
Janet,
I was referred to you by one of you christen followers. He mentioned that you can provide some guidance. I need counsel and legal advice regarding tenants.
I am a landlord for the first time.
We have come to cross- roads where the tenant has started making accusations such as uninhabitable and lead poisoning.
This started after tenant had failed to pay rent. I need expert advice.
I have researched Title X regulation, our binding contract, the tenants responsibilities and our responsibilities.
Please recommend a real estate attorney that I can consult with. I do not want to make mistakes.
Respectfully,
Javier
Hi Javier,
Please call my office and I’ll get you the referral you need (714) 444-2984
Blessings,
Janet
Hi, Janet
Thank you for your time. I am 31 and a single mother of 2boys. I have not been able to afford my credit card bills for the last two years and I have two bank accounts that have been closed with an outstanding balance, listing me on chexsystems, and payday loans. My debit is approx $8,000-$13,500.00 , but for my little pockets I cannot even afford to pay the settlement offers given. I cannot spare a dime. And we are living pay check to pay check and I even have to ask my family to pay things like my car insurance until I get paid the next week. All the way thru all the Glory goes to God, I love him and he love’s me back. And I just wanted to take a moment to praise him. And for a while I banked on court ordered child support to come thru, however the father is not and most likely will not pay. Me and my boys need a fresh start financially. Janet my question is can you refer me to a good christian bankruptcy attorney?. Thanks again for your time.
Sure Jayonna, that’s just what I was thinking. Please call my office for the referral (714) 444-2984
Janet
I am a defendant in a civil case for a credit card suit. Why did the collection agency make our court hearing a whole year away? May of 2012. I’m filling out the answer contract form PLD-C-010. I’d like to know if I can serve the plaintiff’s lawyer the response by mail using form POS-030. And does the answer have to be received in the law office before the 30 day time limit is up or do I just have to make sure it is post marked before the due date. Also there are several lawyers’ names on the summons. Do I have to serve all the lawyers on the summons or just the main lawyer named?
I love your program. May God continue to bless you.
Thank you Janet
Hi Cel
Before you file your answer to the Complaint, you should decide if the suit is worth fighting. In other words, did you use that credit card and make the charges? If so then they are going to win a judgment against you at some point in the future; at least a year away it appears the Trial date or first Status Conference has been set. So should you even bother to waste the $300+ to file an Answer to the Complaint right now if in the end, you’d only be throwing that money away. If you have a good defense to the credit card debt, or if you are concerned about getting your wages attached because of a judgment against you, please contact my office so I can get you an attorney referral for that issue. Depending on the amount of debt owed and if you have any other creditors, you may want to consider putting whatever funds you do have available towards the option of bankruptcy, rather than paying court fees.
Hope that Helps!
Janet
I am a defendant in a civil case for a credit card suit. I’m filling out the answer contract form PLD-C-010. Id like to know if I can serve the plaintiffs lawyer by mail. And does the answer have to be received in the law office before the 30 day time limit is up or do I just have to make sure it is post marked before the due date. Also there are several lawyers’ names on the summons. Do I have to serve all the lawyers on the summons or just the main lawyer named? Also do I use the civil proof of service form POS-030?
I love your program God Bless you Janet
Thank You
I have a question concerning back child support. My ex-husband owes a fair amount of back child support which he is now being forced to pay back because the State of California is now garnishing his disability. The monthly payments are not a huge amount. He wrote me recently asking me to call him so we can work out payments without California garnishing him. What he forgets is I used the State to force him to pay because after our divorce he would not pay any amount of child support. He has spoken to our now adult children about this blaming me and my husband for ‘going after’ him. He is mistaken; this is because he did not pay whenever he could get away with it and that is coming back to haunt him. I am confused on one side I want to be gracious the children are now adults, but on the other I know this is a legitimate debt he brought on himself. This has caused a bit of tension between me and my children since my ex decided to complain to them about me.
I found your station while channel surfing during our vacation in LA. I could not wait to get back home and check you out on the internet. My question has to do with separation in a marriage. What should I do first if planning on pursuing down this road? We have been married 30 years and are both Christians. There has never been counseloring because my husband refuses to do so. Also, we are attending separate churches due to he left the church that I’m still attend. One more thing, I was removed from our joint accounts about eight months ago. He handles all the money and bills. I desperately need your advice! Thanks in advance for responding back to me.
Dear Janet,
Approximately 3 years ago, I was laid off, which resulted in over 1 year of unemployment. Prior to that time, we used credit cards to make purchases. After being laid off, we could no longer afford to pay the card companies, although we did pay for a few months to “keep them at bay”.
As of this writing, we are being contacted by phone by one of the credit card companies – they are calling a cell phone w/o my permission and w/o providing the cell number to them ( is this even legal ?? )
I have been employed now for one year, but the wages are barely enough to cover the household bills, and we are often late on the rent.
We don’t know what to do next. We were advised by a credit counselor to just ignore the contacts from the credit companies, which we are doing, but what are the next step(s) ? Is BK a good choice for us or ??
If there is a judgment, and possibly a suit against us, we were told that we have no viable reason for non payment of these due card bills…..what do we need to do ?
Thank you in advance for being our Sister advocate :]
Hi,
I can get you a BK attorney referral if you send me an email to ASKTHEADVOCATE@aol.com, to look at the whole picture and decide if this is a good idea for your situation. At this point you need to not answer the telephone calls and once you decide to file Bankruptcy (if you do), you need to tell the collectors that you filed BK and to stop calling you. If there is ever a judgment and you filed BK then the judgment will not be collectable as long as that creditor was included on your bankruptcy paperwork.
I look forward to your email for the referral!
Janet
Hi Gabriela,
I’ve heard that being done with credit card companies; but I’m not sure that a first mortgage secured by a Deed of Trust can 1099 you; but if they can, it’s seen as income by the IRS if a debt is forgiven. You absolutely should put the house up for sale and see what happens. If you’d like a referral to a real estate attorney to advise you on the 1099 issue please call my office.
Thank you for your question!
Janet
Dear Janet,
I enjoy listening to your program on KWVE here in So. Ca. I have a question regarding real estate investing. I have learned of a technique whereby one negotiates with a property owner for an agreed upon purchase price and then has the owner sign a purchase and sale agreement for the property. The agreement is valid for a limited amount of time (generally 7-10 days). During this period of time the purchaser either purchases the property themselves, they have the option of assigning/selling the purchase agreement to another individual who then purchases the property at the agreed upon amount or the time frame expires nullifying the agreement. I have heard that assigning a property in CA. is illegal, which brings me to my question. If assigning a property is illegal, would it be legal to pay a property owner an agreed upon amount for an option to buy the property with the understanding that the option could be assigned/sold to another individual?
I apologize for how long it took to get to the question, but I wanted to be as clear as possible on how the transaction would work.
Thank you for your time.
Hi Frank,
Its not clear to me what you’re trying to accomplish by the transaction, that would help me understand your question. Assigning property is not always “illegal”, so it seems like you’re saying that all of these different purchasers are conspiring to rip off the seller? or get a better deal from the seller by the assignment method? As to your question, it is not illegal to say you want an option to buy that you can assign in the future, as long as the seller agrees to that kind of a term in the contract.
Call me this Saturday if I didn’t get the facts right!
Janet
Hi Janet,
My husband and I owned an investment house in Arizona, and we are under financial hardship and would like to foreclose the house. We do not know the real estate law in Arizona very well. Would you recommend us a lawyer or attorney who would advice us regarding this situation? Thank you,
Q
Hi Quyen,
Have you tried to sell it first? I would put it up for sale and make contact with the bank and ask them if you can sign them over a Deed of Trust in Lieu of Foreclosure; and surrender the property first.
Thank you for your question!
Janet
I thank God for your program and the help it provides to many of us by just listening to it. My question is, i had a credit card with bank of America the last time i used was in 2005, i defaulted on it but recently i received i notice from a combany that claims to have bought the rights of the debt and are suing me. Is their a statue of limitations on this kind of debt depending on the last time i used the card?, they have no any evidence of enforeceable contract with them. Should i fight it in court or just negotiate with them? and What should i require from them to make sure they delete it from my credit report if i have to pay. I just feel it was long time ago, i made bad choice as college student and honestly do not have $ 10,000 dollars to pay them.
Yes Alex,
If they don’t have any proof of assignment of that debt from your original creditor to them I would be very wary of giving them a dime. The statute is 3-4 yrs (can’t exactly remember) from the last payment; which if you defaulted in 2005 is long over.
What that means is the only way for them to collect the debt from you is voluntary. They cannot get a judgment and then attach your wages, they may try at which point it would be worth defending with a statute of limitations affirmative defense.
It will stay on your credit report for 7 years, but when these collection companies keep assigning the debt one to another, it seems like the find some way to make the debt stay on your credit report longer than 7 years by doing that.
Hope that helps!
Thanks for your question and for listening to the Program!
Janet
Thank you so much Janet for such a quick response to my Capital One issue!
I’m sorry, I just have one more question. I’m not sure how to respond to the summons (citacion judicial).
I have until next week to send a written response (in proper legal form) if we want the court to hear our case.
Do I want the court to hear my case? How should I respond? If we don’t respond at all my husband may lose the case by default and have to pay the full amount including interest and attorney fees.
Thank so much again Janet.
Blessings to you.
Val
Dear Janet,
~ First let me say THANK YOU for this generous option you have available for a family like ours who needs legal direction.
We are a family of 4; husband, wife, son (6), daughter (4). My husband was a self employed general contractor for the last 20 yrs until he found a full time job in Dec 2010. His business was so slow in the last 5 yrs that we could not afford the bare minimum it took to make it each month. God provided for us through family and friends and a part time job. He could no longer afford the payments on the Capitol One card he had and tried to work with them on paying what we could afford because we wanted to pay what we owed. They wouldn’t accept anything we could afford. Now we are being sued for $4,857.40 plus attorney fees.
The lawyers sent a settlement letter that Capital One will accept $3,445. We can’t afford that either and it already expired 6/10/2011.
Please help us know what our best option is.
We don’t want to claim bankruptcy. We are willing to pay what we owe but the bill is mostly interest and fees now.
Should we go to court?
Should we try mediation?
Is there another option?
We are trying to get back on our feet now that he has a job but we can barely make our rent, food, utilities, minimal payback to everyone we owe money to. Our son has asthma and we have been paying back medical bills (because of our earlier self employed health insurance) but they worked with us and what we could afford.
We have our 2010 tax return that shows how bad last year was.
Our account with Capital One started September 13, 2001.
The summons states that there was a breach of contract August 31, 2010.
Please help us if you can.
We just don’t know what direction to take.
Thank you so much for any suggestions you have.
God Bless your ministry.
Val
HI Val
Thank you for your question. At this point since you’ve already been sued, and I assume all the debt was yours, you shouldn’t bother hiring a lawyer to defend you in court. It would just be a waste of money.
What you need to do now is make sure you do not give any information to the the company related to your employment or income so that when they get a judgment they cannot attach your wages. Since you’ve gotten to the point of being sued, protecting your credit is not the goal. If they already have your employment information, please contact me for an attorney referral to help protect your income; and I can also give you a bankruptcy attorney to see if you qualify. I would no longer speak to anyone about the debt or settlement of the debt; they only settle for a lesser amount when you have a lump sum to pay them off in full.
Please don’t spend another minute being upset about this. It’s not the end of the world! The collectors are paid to threaten you. Don’t talk to them anymore, call my office for a referral to protect your income so your family can survive thru this season of famine. You’ll be back on top very soon!
Thank you for Listening!
Janet
Will filing a claim on my homeowner’s insurance policy for $100,000 hinder my future chances of getting homeowner’s insurance or cause my future homeowner’s insurance rates to skyrocket or?
Hi,
Yes it may, especially if its water damage to a home it may be hard to re-insure and/or cause an increase in premiums. If the claim you’re intending to make is 100k that’s a very large claim. I don’t know the nature of the claim, but I would be certain that you believe the claim will be covered before you officially make the claim; and make sure you’ve reported the loss within the limited time frame required by your insurance company.
Thank you for your question!
Janet
Janet could you please send me an email with a contact number, I don’t think you are fully understanding the situation, my case has not been litigated and as far as the tickets go, I had a parking permit for ever single ticket that I got, the University is super corrupt in issuing tickets and is using this as a primary means of making up for the budget cuts, it’s not so clear cut and I didn’t have time to wage war on the parking enforcement on my blog questions. Parking Enforcement will not allow me to make any payments, they insist everything be paid in full, that is the whole problem and has been from the beginning. Now the judge gave me time to take care of the tickets, but the timing is bad in summer to come up with that kind of money. He’s trying to give me the opportunity to get back on the horse, the problem is I’m basically a poor student with 2 children, so even if I do get on the horse, that animal won’t go very far…
I tried to get a loan modification and after getting the run around from the bank for nine months they said they mailed off a letter to me that required a response within 48hrs and since i never saw the letter my loan mod application has been denied. I really do not want to lose my house but after being out of work for a long time and not being able to make the payments yet what help can you give me?
These situations are controlled by the mortgage companies, I can’t give you any help that would control your lender’s conduct. Unfortunately, there is no miracle cure to be found in consulting an attorney that would change circumstances such as you’re experiencing. You can try to short sale your home and/or continue to live rent free until the foreclosure goes through, but eventually if things don’t turn around you will be forced to move. These are situations that you must call on the Lord to work a miracle, and if He doesn’t you must submit to the fact that if He wanted you to keep the house, He would give you the means by which to do so. If He doesn’t, its time to move.
Thank you for your question,
Janet
I heard your show yesterday on the Radio and thought i should find your opinion on this . I am a student and In the beginning of the years I was playing soccer in a soccer class at a local community college. I got tackled and my ankle got broken, the ligaments around it got shattered and my fibula broke into 7-8 pcs (while some of the pieces were completely shattered.) It took more than 30 minutes for the teacher /coach to get the ambulance to where. I had surgery the same day and got plate installed and 15 screw place in my right leg. I stayed in the hospital for almost a week. The school gave me their insurance to use as a secondary to mine. The instructor of the class/coach texted me while i was in the hospital wanting to know if my ankle was broken or just dislocated. When i texted back broken he was like drop this class you will get a refund of your money ($ 60).
We had more than 45 students in that class which was in the field and he was the only one supervising us.
The Bill of the Hospital came in over $100,000 luckily the 2 insurance took care of this and am now doing Physical Therapy , but still getting bills from the hospital to be paid by me.
The whole thing made me drop out of school, Cal State University, Fullerton. It got to lose the fee i paid almost $2600. I also lost a part time job that was planed this spring semester.
My question is can what LEGAL step can i take on this whole case? The pain and suffering has been great and am still in a lot of pain… please advice.
My email is gterah@yahoo.com
Wow! Sorry to hear about it. You can bring a personal injury claim against the school and their insurance coverage if you can find an attorney to represent you on a contingency basis. The only possible problem is that you voluntarily engaged in an activity that has a risk of injury. The insurance defense attorney for the school would argue that you “assumed the risk” of your injury. However, given the delay in response time and the severity of the injury and other losses you incurred, you may be able to recover some sort of settlement for pain and suffering, but just realize that amount would likely be discounted due to your assumption of the risk.
Thank you for your question!
Janet
Hi Janet,
I hold title on an investment property but am not on the mortgage note. I received title outside of an escrow. Due to financial hardship I have not made a mortgage payment in nearly 3 years and keep waiting for the lender to foreclose. I have also not made the HOA monthly dues for that same time period. I never signed any agreement with the HOA, never received the CC&R’s, and never received a billing statement. The HOA is taking me to court for back payments. I am wondering if they don’t have much of a case since there are no legal contracts nor have I signed any agreement with the HOA? This may not have happened had the lender been expeditious in the foreclosure process but I have no control over that process. I also have no ability to make the mortgage or HOA payments, just to clarify.
Any advice would be much appreciated.
Thank you
Hi,
You may not realize you signed anything when you bought the house; but unless this is a highly peculiar circumstance, it is likely you signed something either acknowledging receipt and/or agreeing to be bound by both the CC & R’s and the association. Have you reviewed your loan docs or checked to see what was recorded when you purchased? I’d first suggest you ask the HOA to send you a copy of that document if they have it. Second, you must eventually realize that none of us get to live ‘rent free’ for the rest of our lives and since you cannot afford to live there, you need to try and short sale, or move to a more permanent place, where you can go back to living in peace.
Thank You for your question!
Janet
My wife and I applied for a loan modification and the bank kept saying they either didn’t receive or lost certain paperwork all throughout the nine months. My wife decided to leave me while we were still waiting for approval and the bank denied me because they said a letter was sent out that required a response within 48hrs and did not receive it. I was out of work for a long time but am working now and I want to try to keep my house, what can I do?
Have you checked about re-applying on your own since you now have a job?
Hi Janet. I have 30 day notice to move out of my home I have rented for 13 years. We’ve always paid our rent never missed any month. I believe we r entitled to more time to look for a place. I have also heard of a thing called rent control that gives the owner the right to evict us with only 30 day notice. We live in the city of Hawthorne. What do I do now since I haven’t found a place in this little time.
Please call the Department of Fair Housing in your area and if they determine this was improper, register a claim.
Thank you for your question!
Janet
I have a small claims case wherein the company that towed my car from the University, which ordered my car towed as a result of 5 overdue parking tickets, the tow company held my car hostage and sued the corporation that had loaned me the money to buy the car in small claims for damages. The judge ruled that I pay my parking tickets and ordered the tow guy to negotiate a reasonable amount with me to get my car back. Here is my problem, I have a limited amount of resources to take care of all these problems. My tickets are now up to $1300 and I have to pay that to get the university to release the agency hold, so that I can get the car back from the tow company, then I have to negotiate with the car co. to pay an additional $1200 to the tow guy for towing and storage fees, but then my car co. will charge me for that with an 18-21% interest rate, and also charge me for all my back payments of $250 a month since December of last year when the car was towed. I’m trying to figure out how to handle this situation, and not end up without a car and out a bunch of money. I think my car co is planning on counter suing the tow company for not releasing the vehicle to them the “legal” owner, because of my parking tickets, but the judge said that the tow guy was bound by statute not to because there was an agency hold by the University. Now the question becomes since, I don’t have enough money to pay the tickets, and the car company for $1200 plus back payments, if I pay the tickets, they may repo the car anyway and sell it, leaving me in the same position. It would be great if I could make payments on these tickets and put down $1000 with the car company for a loan to get the car back, or what I don’t know. My husband also suggested transferring the parking tickets over to him as a registered owner of the vehicle and since he has a misdemeanor that he is currently serving time on he might be able to append those tickets in to time served currency. Is there any way for this legally to be done? Do I have any other options? I also want to let you know that I had a really problem with the issuing of those tickets at the university. It is a very corrupt system and it I took issue with all of those tickets to no avail, because the person that presides over appeals is the same guy each time. Thanks for your help.
Hi,
You may be able to go back to the clerk of court and ask for a payment plan on the tickets. But in the bigger picture, you need to stop getting parking tickets in the future. Comply with the rules and you wouldn’t be in this situation in the first place. $1,300 is a lot to have to pay in parking tickets. So my primary suggestion is for you to obey the parking rules and thus avoid wasting your money on tickets in the future. At the end of the day I can’t think of any way for you to avoid paying these bills, as your matters have all been litigated already. I can only suggest that you change the way you act in the future so as to avoid wasting any more of your money.
Thank you for your question!
Janet
Hi Janet, i have a question. I bought a car on september 11, 2010 from a used car dealer. I asked for a car fax and it was clean. I went to go trade it in at a Honda dealer In April 2011 and the salesman tells me that its been in an accident. He showed me the car fax and it showed an accident. The car was reported to be in an accident on June 2010. The carfax the dealer where i bought it was from September 2010. I called them and asked why they had lied to me because i asked them before i bought the car if it had been in an accident and they said no. The manager told me to take it up with carfax. What can i do?
Hi Alex
I would take it up with carfax first, you need to make sure that carfax can prove the automobile either was or was not in an accident and that carfax did not make a mistake. This will not only determine if you have a case against the use car dealership, but it will also advise carfax if someone is tampering with their documents, like the used car dealer and then carfax can take whatever action they deem necessary to protect their trade name too.
Once you find out if your evidence is good or not, you sue the dealer for fraud and rescission of the contract; which means, if you win, you’d return the car and get your money back.
Hope that helps to get you started, please keep me updated on your progress!
Janet
In September 2005, my sister, who is a U.S. citizen, married a man who was almost deported. The man was 12 years younger than my sister. She was then 51, disabled, had never been married, and post-menopausal.
After getting married, the man stayed in the U.S. and found work, but never showed my sister his pay stubs or discussed his finances, even when she asked him to.
A few years ago, the man visited his home country of Burma; my sister wanted to go with him, but he said no without giving a reason. He became a U.S. citizen in 2010, and earlier this year, he made another trip to Burma, saying that he needed to visit his mother, who he said was extremely ill. My sister again asked to accompany him, and she was again denied. During this second trip, he did not call my sister or let her know when he was going to return.
This past April, the man told my sister he wanted a divorce, and this past Friday, May 13, he served her with divorce papers, after five years and seven months of marriage. He has also closed joint bank and credit card accounts. Before the marriage, she had been under MediCare and SSI, which she almost lost; now, she has an SSI of only about $200.
Both are currently living in my brother’s house, but without any formal rental agreement; how can we evict the man from the property?
We have 20 days to respond to the served divorce papers. At this point, what would you advise and what are my sister’s options?
Please do not discuss this issue on air. Thank you.
Hi,
I’m sorry to hear about this, obviously this guy married her to obtain citizenship. I’d suggest that you first have your brother just ask him to leave the house, explaining that after service of divorce papers he’s no longer welcome. See what he does in response. If there is no written rental agreement, was there a verbal agreement? If he won’t leave voluntarily, a 60 day written notice should be given to him right away.
Your sister needs to get this matter resolved as soon as she can so she can move on with her life. I don’t know where she lives, but would suggest we see if the ex-to-be will participate in a mediation with my office. Since it doesn’t appear that there is much to settle, no kids and not a lot of assets, we should be able to complete the paperwork quickly, assuming everyone will agree on terms.
Please have your sister call my office if you think that would help her.
Thank you for your question!
Janet
Thank you Janet
Another encouraging and wonderful program! I look forward to it every week! I know my friend wrote you an email – now I have relayed your office number to her.
Much love to you in Him,
thank you!!
Thank you for the listening to the Program!!
You’re a blessing
Dear Janet,
We enjoy listening to your show on Saturdays on KWVE. We are hoping you can give us a referral for a tax attorney who can handle some federal and state tax issues. We are trying to get this debt resolved in a Christ-like manner and would appreciate any direction you could give us. Thank you so much for your time!
Yes I do have a referral for you. Please call my office at (714) 444-2984 and I will give you the contact information.
Thank you for your question and for listening to the Program!
Janet
Hi Janet! I listen to you on kwve on Saturdays and am strengthened and encouraged in Him when I do. I have a friend who just informed me of an issue regarding a fence she has around her property – has received notices that they will remove it in 14 days if she fails to do so. She has lived there for 8years and never a problem with the fence; and the previous owner had the fence there as well – no problem until now. She seeks some advice as to what to do and I immediately thought of you – am giving her your email address and this blog site too.
Thank you in advance and thank you for your work – may all the glory and praise be to Him.
Love in Him,
J
Hi J,
Who is giving your friend notice of the removal? The City? A Construction Company? Another Neighbor? She needs to deal with whomever is giving this notice and find out what authority they have and why for 8 years she was permitted to have the fence up. She may have what we call an adverse possession claim to the land upon which the fence has been built because 5 years has tolled; but I don’t have enough information on the matter to know for sure.
If she’d like to speak to a real estate attorney about it please have her call my office for a referral.
Thank you for your question!
Janet
Dear Janet: I was wondering what I can do with creditors on my credit report. Not all three are the same, but it frustrating to try to correct errors. I have debts that I try to settle for less than the amounts owed. I was wondering if services that offer to fix your credit or start a new profile are legal or good to use. What’s also frustrating is that I’ve paid off old debt and then the account gets sold to another company and I have prove to them that I’ve paid it off. That’s just for starts. Thanks for taking the time to read my concerns. I’m a new listener and listened to KWave before, but usually during the week. Your program is interesting and I plan to be a Saturday listener now, too. Thanks.
Hi,
Thank you for this question. This is a problem many people face with creditors who actually rip each other off selling bad “paper” or debts allegedly owed; to other credit collection companies for reduced amounts, when in reality the debt has already been cleared or settled!
The best I can suggest is that you keep very very good records that you can pull out, copy and send out easily to the next collection company that makes contact with you; and force it to be cleared off your credit report. What you would do is write one letter to the newest collection company, send the back-up pay off settlement paperwork and then just copy each credit reporting agency to remove it from your report…. Get yourself a form letter written and use the same letter every time it happens, copy all 3 agencies, attach the paperwork.
The next thing you can do is go back to the company which you settled the debt with and make a demand on them to put a stop to selling your old debt to other collection companies when the debt was settled; and tell them to clear you record too. On that letter you can then copy the newest collection company and the three credit reporting companies also.
Yes its a pain, but if you get it streamlined like this, it will just become a part of the “routine” of everyday life
The settled debt will still usually appear on your credit record as a “ding” so to speak, because it wasn’t paid in full at the time and on the terms originally agreed to.
Thank you for your question and for listening to the Program!
Janet
Hi!
Thanks for joining us! Yes this is a big problem for a lot of people, the paperwork proving payment is the essential component. You should never pay off a debt for a lowered amount until and unless you get it in writing from the creditor that the entire debt will be forgiven for the lessened amount paid. The only way to fix bad reporting on your credit record is to monitor the 3 main companies that report credit history. Whenever you write a letter to one proving your side of a dispute, copy that to the other two so that you don’t have to correct one mistake one day with one, and the same mistake later with another.
Otherwise, its really just a pain if you will… I don’t think that generally these credit repair companies can do anything for you… you can’t get a new identity and start all over. Think about it, everyone would love to do that if they could. But I haven’t researched whichever company you’re thinking of so, I can’t address them individually.
We do have a Christian Credit Counselor company that advertises on KWVE that I understand is very reputable, they may be able to give you some further information on the companies you’re wondering about.
Thank you for your question!
Janet
I caught the tail end of your announcement today regarding radio advertisers on your Saturday program. Could you please send me the information as I would be intested in offering my insurance services, home, auto, life and health to your audience. I have an office located in Santa Ana. Thank you
Thank you David! We are always looking for good credible advertisers for the Program. I will be in contact soon
Do I still have to pay rent if I have mice?
That’s a loaded question Betty. The answer is maybe yes, maybe no. You haven’t given me any facts upon which to advise you. How many mice are there, one or several? For one mouse? You’d better pay your rent. Have you told or complained to your landlord? If so, how many times? What if anything has the landlord done to eradicate the problem? How long have you had the problem? Will the landlord agree to call out an exterminator? etc etc etc. These issues would be addressed in a court of law and the party giving the best evidence would likely win the case. So no one can tell you for sure if you can stop paying rent or not as it relates to any potential future liability found against you in a court of law. What you need to do is complain to the landlord, start a paper trail of complaints, try to eradicate the problem yourself by making a deal with the landlord to deduct the costs you expend from your rent payment; and if there are so many mice that you can’t deal with them by mouse traps you need to get your landlord to agree to paying for an exterminator and you handle the appointment and deduct it from your rent.
Hope that at least helps give some direction.
Thank you for your question!
Janet
Hi Stephanie
Yes I’ve heard of this before, particularly in personal injury cases. The paramedics do charge for their services.
Praying for quick and complete recovery for your son.
Thank you for your question!
Janet
Hi, my question is.. My 13 year old son was in an accident playing football. He broke his femur badly. 911 was called out to the scene to asses him. The team Dr. was there and put his leg back in place. The fire department and ambulance came to the scene too. They help get his leg in a brace to be transported to the hospital. I’m now getting a bill/bills for this.. I was told because I was a non-resident of Costa Mesa, and for using 911, that Costa Mesa Fire Department was used and there to help us,even though a friend called them out..I have had to use 911 before and never been charged.The amount is 275$. I have started to pay because they say its not coverd by my insurance. I’ve never heard of this, I have never paid for servises before, is this a new policy of the Cities? They say its for the Costa Mesa Fire Department, but I pay my bill to Care Ambulance, who transported us to Hoag. Please help me understand this..Blessings..
Janet,
We have been trying to modify our home loan for over two years now and the bank, first Countrywide then Bof A has just been taking us for a ride. Twice we have gone all the way to the under-writing stage only to be rejected. In 2006 we purchased some rental propeties out of state and within a year we experienced bad rental situations that drained and caused havoc in our finances. Last year we lost two of the three properties (one is going good) and we were able to show the IRS that we were insolvent with regards to our tax liability. All of this mess did cause us to go late on our primary residence missing only two payments. We have since made all the payments but they are showing that we have missed five payments and want us to make one lump sum or begin the foreclosure process. We make to much money to qualify for the government program and we have the ability to make payments but they will not modify. All we really need is arrangements to put the past due at the back of the loan so we can get a fresh start…but they will not modify. I say all this just to ask one question would it be wrong to simply claim only one income in order to qualify for the “Making Home Affordable Program” or do we only have as the only other option to borrow
(from retirement accounts) to make one lump sum including all the accrued legal fees probably around 20-25 thousand dollars. We are only behind about 5-6 thousand dollars.
Is claiming one income wrong or is it schrewd, wise, prudent and good stewardship to fight this game that the banks are playing and protecting my family and our home.
My sense is that we need to fight and not just roll over and play dead. We have the ability to make arrangements and make payments but they will not modify they just want a lump sum at this point.
Please Advise
Thanks
Hi,
First, what has the Lord shown you about whether you should try to keep the house or not? I’m concerned that you are even thinking about lying on an application so that you can keep this house… that tells me that you heart may be too attached to this possession. You can never justify a “false way” (Ps 119:128), or means by which to achieve an end (or saving your house); by pointing the finger at the big bad banks. That’s a temptation for you to sin, that you must resist.
You should first see what kind of deal they will make you on reducing the attorney fee amount; and get the deal in writing, meaning get the reduced attorney fee amount plus mortgage payment amounts all in one lump sum in writing to bring your account current. Then you go to retirement and pay the money if you want to keep the house; but before you do that I’d check in with the Lord and make sure you’re on the right track with doing that too…. If He wants that house back, you’d then be wasting your retirement money on trying to save something He will ultimately take one way or another. So check your tithing, check your stewardship and check your heart before you do anything.
Thank you for entrusting me with your question,
Janet
Hi Janet,
Thank you for answering my previous question. I will be contacting your office to see whether there is more we can do for my grandmother.
I do have another question. We own a new home and we received a letter from a legal firm that informed us that they are filing a class action against the builder for builder defects. This alarmed us, but we do seem to have several issues with the house consider its age. Then recently we were contacted by a representative of the builder. Basically the builder wants us to retract from the lawsuit and settle with them. Each is scaring us into believing that there are long-term consequences for suing a builder. What do you know about this topic? We don’t want anything to go on our home title, or to have issues in the future.