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A writ of attachment against my father is attaching my assets. How much for an attorney get my assets off?


We have the same first and last name. These items in question were in my name since before the lawsuit was commenced. My father is a co-defendant that is not defending himself due to the amount of money it would cost compared to his total assets. The main defendant probably will not show so I believe that the lawyers tactic was just to tie up everything and get a default judgment. I have researched legal aid and have not gotten a response. Other local attorneys want to charge for a phone consultation just to figure out an estimate. I am not named in the case and I just want a ballpark figure for what it would take to file something to counter the writ. I know there can be variances but I need the cheapest route besides the non responsive legal aid people. Thanks for your insight, your help and your responses.
The writ is in California Superior Court and it is against some defaulted Deeds of Trust I hold in Monterey County. I am a Florida resident.

i would have your father file a motion to abate, or if he is going to file an answer file an answer with a plea in abatement. this hsould be done because of a defect in the defendants name, for example i am guessing he is a Sr. or 1st or something right. that will help to clarify which person they are trying to get money from.
this wont dispose of the suit, just make the plaintiff file the suit over again with the defects corrected. it keeps you from
daddys mess
and if your dad is a defendant he HAS to file an answer and appear, or he will be held liable as well as the other defendant too

The question is: On those assets that where in your name before the suit, how long is "Before"? if they where never in your fathers name no problem should be cheap, if they where in your fathers name anytime within the last five years you may not only have a issue with the recapture of the asset but you may also find a fraud charged leveled as well depending on when the assets where transferred

Legal aid will not help you since, by the very nature of your question, you appear to have the resources to pay a lawyer.

In this situation, you will have to pay an hourly fee or possibly a flat fee. An attorney can quote you their hourly fee, of course, but cannot "ballpark" the total amount you might need to spend because they do not yet have all the facts.

For them to get those facts, they will have to spend time with you in consultation over the phone and probably have to review faxes you send to them of court documents and property records.

Contrary to popular belief, most lawyers do not give away their time for free in an initial consultation. Personal injury lawyers who take cases "on contingency" might, but generally attorneys charge for their time from the get go.

So gather up your documentation and prepare to pay a lawyer for an hour's time to give you some specific advice.

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