I received a discovery request on a debt collection lawsuit on May 4, 2024 by an opposing Counsel, representing JPMorgan Chase Bank. The date on the discovery request is April 4, 2024 and the proof of service also states April 4, 2024 by mail though they have sent it with regular post (and not... View More 
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answered on May 4, 2024
Given that you received the discovery request after the stated response deadline, you have a few options to address this situation:
1. Contact the opposing counsel: Reach out to the opposing counsel and explain that you received the discovery request on May 4, 2024, which is past the... View More
Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it
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answered on Apr 27, 2024
I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More
I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More
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answered on Apr 26, 2024
In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.
According to... View More
My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More
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answered on Apr 20, 2024
In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More
In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More
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answered on Mar 30, 2024
Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More
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answered on Mar 29, 2024
Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More
I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.
answered on Mar 21, 2024
The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.
I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008
answered on Mar 6, 2024
Generally, Promissory Note with Personal Guarantee in writing has s Statute of limitations OF 4 YEARS FROM DATE OF Breach/Default of the Note. Usually, the Breach is the date when the note was defaulted, the date when a payment was not made or some term in the note was not performed.
Very... View More
SC-105 is for small claim. I want to add the sole owner of a LLC to the judgment as debtor.
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answered on Feb 24, 2024
In California, if you're looking to add a debtor to an existing judgment in a civil case, specifically aiming to include the sole owner of an LLC, you would not use form SC-105, as that form is indeed designated for small claims court. For civil cases, the process usually involves filing a... View More
Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.
Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.
answered on Feb 18, 2024
It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More
California. Wife and her father had a joint account that they both deposited to and utilized. He passed last June, and we just received a notice of levy on the account. The bank is temporarily holding the money for 10 days. It is my understanding that after he passed, the account is now hers, and... View More
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answered on Feb 21, 2024
Yes, your understanding is correct. Since the bank account was jointly held between your wife and her now deceased father, once he passed away the account became your wife's individual account by operation of law. Here are the key reasons why the account levy is invalid:
• Under... View More
Non payment of purchase of building materials totaling $20,000.
Is there a way to recoup this loss?
answered on Feb 15, 2024
Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More
in Sept 2019. I have never received anything in the meantime. I have no idea what this is for. It's never shown on my credit report, nothing received in the mail, no phone calls. Is it legal to be able to garnish my wages now?
answered on Feb 14, 2024
I'm sorry this has happened to you. Debts get bought and sold all the time, so the original creditor's name might not be on the ewo. You can get a copy of the relevant legal documents from the court, particularly the proof of service and the complaint. The complaint will tell you who the... View More
answered on Feb 9, 2024
Hard to say for sure.
NOT everyone recalls all of their OLD debts?
Regardless, I will assume they WON the case?
IF it is over 10 years ago, any judgment is unenforceable in CA,
UNLESS they renewed it for another 10 yrs? Maybe that is how
you found out? You... View More
answered on Feb 9, 2024
If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the... View More
answered on Feb 7, 2024
Would you like to have the collateral repossessed? Seriously.
I contend that you are thinking about this all wrong. If the caller is the original creditor, I believe there is no limit. Regardless, you don't have to talk to them. In fact, you can hang up on them.
But you should... View More
I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?
Can Florida... View More
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answered on Feb 3, 2024
Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees,... View More
After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.
For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest... View More
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answered on Feb 3, 2024
In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that... View More
Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex breached fiduciary responsibility and to pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming... View More
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answered on Feb 3, 2024
Given the complexities involved and the potential for both state and federal laws to impact the outcome, seeking tailored legal advice is crucial. This approach will help ensure that any actions taken are in compliance with applicable laws and regulations.
Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming annuities and IRAs are exempt. Note that EX... View More
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answered on Feb 3, 2024
Given the complexity of these issues and the potential for significant financial consequences, consulting with a legal professional who can provide advice tailored to your specific situation is advisable. They can help navigate the legal landscape, including analyzing relevant case law and statutes... View More
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