What happens when they file another proof of service (whether or not you actually received proper service) and the court accepts it as valid service, and they obtain a default judgment against you, and start garnishing your bank accounts or pay checks?
So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »
If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so...Read more »
In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »
There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.)....Read more »
Also, if I ask for a Bill of Particulars for the open book, then what happens to the "account stated" action? Does the Bill of Particulars need to be filed with the courts or just sent directly to the plaintiff?
Plaintiffs are entitled to plead alternative and even conflicting causes of action, so it wouldn't matter legally if "account stated" and "open book account" contradict one another. A demand for bill of particulars is not permitted on an account stated cause of action (but...Read more »
(I have a debt in collections, however my apartment complex is getting paid through the state to take care of the debt so I am not sure how that works). The apartment complex already filled out the information to receive the money.
Mess with hiring ATT.in Feb did not show for DJ. Plaintiff new i hired atty they t hearing July 2021 I did ca. I did not hear 1day ojust meet confir 90 days. I am disabled live bed can’t sit. Everyday same. I sent email, on 7/2 said any day 1 to 5. No response . 7/6 at 1 sent email from vet,... Read more »
to file motion to vacate: California Code, Code of Civil Procedure - CCP § 663a- "Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 , or service upon him or her by any party of written notice...Read more »
I just recently picked up mail from my boyfriends grandma from time to time I still get mail there since I used to live there. I honestly don’t go there after usually just Christmas and thanksgiving and a random couple times a year. Well I haven’t been there since Christmas 2021. Apparently... Read more »
What is called "Substitute Service" in CA is legal. Basically it says that if a process server goes to your home or your work in an effort to serve you personally but is not successful, after at least 2 attempts, they can give it to a "substitute" (person must be at least 18...Read more »
Multiple causes of action is routine and are generally plead in the alternative. They can also prevail on all causes of action. They may also prevail on one cause of action and lose on the other. That is why they do that. Nor does the BOP have any impact on the alternative causes of action. The BOP...Read more »
That is entirely possible. Assuming your case is in CA, you can be served the summons & complaint by what is called "substitute service" or even publication. Both of these mean you would not be personally served. They do have to attempt personal service however. If you are talking...Read more »
By submitting an answer, it does not merit a request for a dismissal, unless the debt was resolved. If the debt was satisfied in full, you may request a dismissal. In most cases, its after 15 days of completing the payment in full.
Judgment was paid through Levy office via wage garnishment and i talked to Levy office and seems like is a balance of 731 on the account. The law firm who filed the court case is unresponsive and I'm unable to get the satisfaction letter from them. Working on trying to re-finance the house but... Read more »
We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation... Read more »
This is my first time having to deal with something like this and I didn’t know that I had to respond to the summons. I thought I just had to show up for the trial date stated on the summons. Looking up my case number in preparation for the court date I just found out that a default judgment has... Read more »
I received an email from a debt collection agency. I requested a debt verification from them, and they say that they are a commercial collection agency and the debt is not subject to FDCPA. Also, they sent me a document that does not show me the debt belongs to me. Is it legal to they keep... Read more »
They are correct that the FDCPA does not apply to commercial debt. Whether or not the alleged debt is commercial or consumer debt can be a complicated analysis. You can ignore them and they will eventually sued on the claim or not. If you want to be more proactive and determine if this is a valid...Read more »
An auto mechanic was holding my vehicle for free until I was able to come up with 50% of the estimated cost to repair which was required before they would start the repairs. I offered several times to have the vehicle towed to my home until I had the money required but they assured me it was fine.... Read more »
I am the cross-plaintiff in the case, and I have a cross-complaint against cross-defendant.
I will file the opposition to cross-defendant's demurrer soon, once the demurrer is overruled, what procedure should I do to request court make the judgment before trial, so I can shorten the... Read more »
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