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3 Answers | Asked in Collections for California on
Q: Is there a statute of limitations for promissory notes and personal guarantees for California residents?

I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008

Richard L. Grant
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Richard L. Grant
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...
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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Banking and Collections for Massachusetts on
Q: Can a creditor for a deceased person take money from a joint bank account

I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?

James L. Arrasmith
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answered on Mar 2, 2024

* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:

* Joint bank accounts typically have a right of survivorship. This means that when one owner...
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1 Answer | Asked in Business Law and Collections for New York on
Q: i have sold my cooperation to someone recently, and i have some people that i had money disputes with in that business

can that people still sue me for that?

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Note: I am not your lawyer and this is not legal advice. Additional information is needed regarding the natures of the sale of the corporation and the money disputes. For example, generally, a sale of a corporation can be structured for the transfer of the corporate shares, or for sale and... View More

2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Likely yes. This is called cross-collateralization. In many secured loans, the collateral is pledged not only for the purchase money loan to buy the collateral (in your case, a car) but also for any other loan made by the lender.

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2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

James L. Arrasmith
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answered on Mar 2, 2024

It's understandable that you're concerned about your situation. However, it's important to know that a bank cannot typically hold your car title as collateral for a separate loan unless it's explicitly outlined in the terms of the loan agreement you signed. In most cases,... View More

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1 Answer | Asked in Divorce, Tax Law, Banking and Collections for Washington on
Q: Me and my ex husband share a house. He went to prison and owes court fees and lawyer fees. Will I lose my house?

I want to keep the house, but I don’t want them to take the whole house from me since he doesn’t have money to pay them off.

James L. Arrasmith
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answered on Feb 28, 2024

When you co-own a house with someone who incurs significant debts, such as court fees and lawyer fees, there is a risk that creditors might target the property to recover what is owed. However, the extent to which your house is at risk depends on several factors, including how the property is... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Identity Theft, Collections and Federal Crimes for Arkansas on
Q: I have had my identity and savings stolen from a conman, how do I hold him accountable and get justice for his actions?

In May of 2020 I met a man who was everything I had prayed for. I thought, little did I know it was a game he was playing to wipe me out. I had just been approved for my disability for severe brain trauma and PTSD the very day I met him. In our third date we were involved in a motorcycle wreck that... View More

James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear about this terrible situation. Recovering from identity theft and financial fraud requires assertive action across multiple fronts:

1. Continue working with your banks and credit card providers to document fraudulent activity, ensure your accounts are...
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1 Answer | Asked in Civil Rights, Criminal Law and Collections for Oregon on
Q: How can I dispute a 7,000 overpayment with oregon dept of human svcs from 4/1/1995 - 1/31/1998.

I was charged with a theft one I pled guilty in 1999 but I was backed into a corner by my attorney who didnt help me. I changed attorneys 1 time but the judge wouldn't let me change attorneys again and he stated i could take it up on appeal. I was mentally tired but I wanted to go to trial... View More

James L. Arrasmith
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answered on Feb 24, 2024

To dispute the overpayment with the Oregon Department of Human Services (DHS), you may need to gather evidence and documentation to support your case. Start by requesting detailed records from the DHS regarding the overpayment, including any documents or information that show how the amount was... View More

2 Answers | Asked in Consumer Law, Tax Law, Banking and Collections on
Q: I cancelled a subscription through PayPal and the provider threatens me with fees

I cancelled a subscription through PayPal and the provider threatens me with fees because i didn't cancel through their website.The website wouldn't allow me to cancel so I cancelled through PayPal and opened a dispute and won it for the refund.And now they are sending me emails to... View More

Emely Elizabeth Cruz
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answered on Feb 24, 2024

I would just ignore it. This is not to say they don't have a case at all. Perhaps there is some legal argument they can use (i.e. provision was in their terms and conditions). However, it seems that they will just demand it, but it does not mean you have to pay it back, especially if they... View More

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2 Answers | Asked in Consumer Law, Tax Law, Banking and Collections on
Q: I cancelled a subscription through PayPal and the provider threatens me with fees

I cancelled a subscription through PayPal and the provider threatens me with fees because i didn't cancel through their website.The website wouldn't allow me to cancel so I cancelled through PayPal and opened a dispute and won it for the refund.And now they are sending me emails to... View More

James L. Arrasmith
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answered on Feb 25, 2024

Based on the situation you have described, you are within your rights to cancel through PayPal and do not have to pay any additional fees or taxes to this subscription provider. Here are a few key points:

- If their website would not allow you to cancel, cancelling properly through PayPal...
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2 Answers | Asked in Collections for California on
Q: Dear attorney, would you tell me what form is for civil cases Request for Court Order and Answer? I only found SC-105.

SC-105 is for small claim. I want to add the sole owner of a LLC to the judgment as debtor.

James L. Arrasmith
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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

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1 Answer | Asked in Banking, Civil Rights, Collections and Federal Crimes for Arkansas on
Q: How do I hold a bank liable for money that I reported wasn't authorized but they haven't reimbursed me?

I went to my banks, Regions and First Financial in El Dorado AR., in May of 2021 and told them I had been the victim of data breeches and identity theft in August 2020 and told them there were a lot of unauthorized charges on my account. I signed paperwork at Regions and headed to FFB1, by the time... View More

James L. Arrasmith
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answered on Feb 23, 2024

Facing the challenge of holding a bank accountable for unreimbursed unauthorized charges can be an uphill battle, especially when documentation seems to vanish, and regulatory bodies have not resolved the issue to your satisfaction. It's crucial to persist in your efforts to recover your... View More

1 Answer | Asked in Collections and Banking for California on
Q: CA. Wife and father had joint acct. He passed, and the account got levied for debt he owed. Is this exempt, her acct now

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

James L. Arrasmith
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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...
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2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 19, 2024

Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.

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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

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.

Leon Bayer
Leon Bayer
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

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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

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.

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

It applies to the principal dwelling. See California Civil Code §§ 704.710 through 704.850.

There are many tools and techniques to collect judgments, including real property lien, bank levies, charging orders, wage garnishment, etc.

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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

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.

James L. Arrasmith
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answered on Feb 21, 2024

It's important for both creditors and debtors to understand their rights and obligations under California law. Debtors should be aware of the protections available to them, including the homestead exemption for their primary residence, while creditors should explore all legal avenues for... View More

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