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California Collections Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for California on
Q: If it says "Invalid Proof of Service" on the court website, can I ignore the lawsuit? 3rd party debt collector suing me.

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Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2022

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?

Ignoring a lawsuit against you is...
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1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for California on
Q: Hello. I wanted to know if I have a case or a changing of winning a case?

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 »

Joel Gary Selik
Joel Gary Selik answered on Apr 26, 2022

Consider small claims court where you may represent yourself.

2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene answered on Apr 25, 2022

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 »

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2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Peter Maurice Lively
Peter Maurice Lively answered on Apr 25, 2022

The limitations period is applicable to the deadline for filing a complaint to obtain a judgment. Judgments need to be renewed every ten years.

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1 Answer | Asked in Contracts, Collections and Probate for California on
Q: If only one of the defendants responded to a lawsuit, can plaintiff asks for a default judgement on the other defendant?

I sued a couple of persons, only one responded to the complaint.

Yelena Gurevich
Yelena Gurevich answered on Apr 6, 2022

Yes if service was proper and sufficient time has passed.

6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

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 »

Tristan Brown
Tristan Brown answered on Apr 5, 2022

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 »

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1 Answer | Asked in Collections and Consumer Law for California on
Q: Do "open book" and "account stated" contradict one another? Creditor selected both on cause of action.

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?

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

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 »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: If a creditor sells your debt to a collection agency, are they legally able to still accept payment on the debt?

(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.

Joel Gary Selik
Joel Gary Selik answered on Apr 4, 2022

If they know longer on the debt, they cannot collect money on the debt.

1 Answer | Asked in Civil Rights, Real Estate Law and Collections for California on
Q: What is the deadline to appeal a no show civil judgement. Told 6 moths. July 2: 2021. If can’t find attorney what form

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 »

Yelena Gurevich
Yelena Gurevich answered on Mar 28, 2022

to appeal is 60 days.

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...
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1 Answer | Asked in Collections and Small Claims for California on
Q: Did I get served legally

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 »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Mar 24, 2022

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 »

1 Answer | Asked in Bankruptcy and Collections for California on
Q: California debt collection question...

I am being sued by an original creditor in California. The cause of action is both "account stated" and "open book".

1.) Do these two causes contradict one another?

2.) Why would the creditor select both?

3.) If I ask for a Bill of Particulars for the... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Mar 20, 2022

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 »

1 Answer | Asked in Collections for California on
Q: Can a creditor levy my bank without personally serving me with court papers?
Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Mar 18, 2022

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 »

1 Answer | Asked in Collections for California on
Q: When can I request entry of dismissal to the plaintiff? Can I request if I have not heard back from them after 30days?

I submitted an answer last month, but have not heard back at all from the plaintiff. Its been more than 30days, and I would like to see if I can request for an entry of dismissal.

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Mar 16, 2022

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.

1 Answer | Asked in Collections for California on
Q: Hello, how can i get a court order to remove property lien if judgement creditor is non responsive? thank you

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 »

Joel Gary Selik
Joel Gary Selik answered on Mar 9, 2022

Follow the instructions in California Code, Code of Civil Procedure - CCP § 697.410.

2 Answers | Asked in Business Law and Collections for California on
Q: We accidentally overpaid a vendor through ACH. We have tried contacting them but they are avoiding us now.

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 »

Leon Bayer
Leon Bayer answered on Feb 25, 2022

They are not entitled to keep the overpayment. I suggest you sue them immediately in small claims court. Don't delay. Your local court will even help you fill things out and explain what you must do.

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2 Answers | Asked in Collections for California on
Q: I’m being sued by a debt collection agency.

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 »

Joel Gary Selik
Joel Gary Selik answered on Feb 19, 2022

You need to, immediately, file a motion to set aside the judgment.

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3 Answers | Asked in Consumer Law and Collections for California on
Q: What should I do when contacted by a commercial debt collector for invalid debt?

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 »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Feb 18, 2022

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 »

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1 Answer | Asked in Collections for California on
Q: How can you collect a debt from someone who hides their assets?
Joel Gary Selik
Joel Gary Selik answered on Feb 12, 2022

It may seem obvious, but search for assets. There are many tools and techniques.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Collections for California on
Q: What is the statute of limitations in CA to sue an auto mechanic for fraudulent mechanics lien & unlawful lien sale?

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 »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 9, 2022

Sorry for your issues. Your fact pattern is not clear. You seem to be mixing up "lien" and "sale."

Starting a lien is one thing. Executing on it, or SELLING the vehicle is something else. Either way

notice is certainly required on each and if it is farily recent,...
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1 Answer | Asked in Collections for California on
Q: How to get the judgment before the trial?

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 »

Joel Gary Selik
Joel Gary Selik answered on Feb 9, 2022

The Procedure is a Motion for Summary Judgment.

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