Questions Answered by Sergio G. Chaidez

Q: signed a coaching contract 2/16 but not able to pay due to illness caused by parasites and is being sued for remaining $

2 Answers | Asked in Collections and Contracts for California on
Answered on Aug 16, 2016
Sergio G. Chaidez's answer
The terms of cancelling contained in the agreement are important. The terms about performing under the contract are also important. One would need to read those to see how they affect your case. However, you still may have the defense of frustration of purpose, meaning that an unforeseen event (your illness) had frustrated the purpose of the contract--that you receive coaching. This defense has problems, though, because you can wait until you recover from your illness and then receive the...

Q: I was in a car accident is 2012, come to find out I am being sued for 16,000 now. What do I do?

1 Answer | Asked in Traffic Tickets, Collections and Car Accidents for California on
Answered on Aug 12, 2016
Sergio G. Chaidez's answer
Hello. You need to defend against the lawsuit. If you were served with the lawsuit, then you have only a short amount of time to file a response with the court. You need to file a response to the lawsuit so you can defend yourself against the allegations and liability.

Q: Can a consumer sue a VOIP phone service provider for interfering with my ability to receive incoming phone calls?

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Answered on Aug 12, 2016
Sergio G. Chaidez's answer
Hello. Do you have a copy of the service agreement? You may possibly have a claim for breach of contracts, e.g., you promised to pay for voip service in exchange for their promise to provide service properly and let you keep your number if you changed service; you kept your promise, but they broke theirs. But you should check the service agreement to see if there's anything in there that lets them off the hook. You also should check if there is mandatory arbitration clause in there.

Q: Can the owner of an office building submit a false claim to a collection agency? Is this illegal?

1 Answer | Asked in Collections and Consumer Law for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
If they intentionally misrepresented a material facts, then you may have a cause of action for fraud. Further, if they breached the lease agreement, and you have proof (e.g., emails, inspection reports, etc.), then you may be entitled to an off-set, or even damages. Further, if this is being reported on your credit reports, and the claim is false, then you have another cause of action there. Do some more research or confer with an attorney about drafting a letter to the property manager...

Q: My mom died 10 years ago and left no estate.Now that I inherited a home from my grandparents can Medi-Cal come after it?

1 Answer | Asked in Collections, Health Care Law and Public Benefits for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
They can try, but they should not succeed. They may not know what happened. Your grandfather's estate is not liable for your mother's debt, so they cannot collect against his estate. Now that it soon will be your property, you also are not liable to for your mother's debts (unless you expressly guaranteed her debts). Further, it being 12 years since her death, that should make it even more difficult for them to try to take property from you.

Q: Hello: for a car loan judment was filed against me in 2010 but now in 2016 bank filed judgment release - please explain

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Did they collect against you already? If they released the judgment, it should mean the judgment was satisfied or paid off. Regarding the DMV, the judgment-creditor likely needs to file something with the DMV to inform them that the judgment has been satisfied. The DMV is not part of the court system or county recording system; they need to receive notice as well.

Q: Can a bank make a payment with my credit card without my permission to pay the mortgage on our house?

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Unless you authorized them in your credit card or mortgage agreement to process that payment, then no. Bank contracts sometimes have clauses in them that say you authorize them to make certain payments on your behalf if certain conditions are met. This may be what happened. But you need to make sure. If that is not what happened, then you may have a cause of action against them.

Q: I had a court ordered judgement against me for a car loan in california. My employer is based out of state but i work

1 Answer | Asked in Collections and Consumer Law for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Yes, if your company maintains a presence in California (such as Human Resources or Payroll Dept.) or issues payment here using a California payroll processing company, then they can garnish your wages. You can try to settle the judgment, or if there is a problem with the judgment, you can attack the judgment in court.

Q: Is there anything I can do about a judgment against me even though I was never served papers?

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Yes, there is something you can do. But you have to act quickly. The creditor must properly serve you with the lawsuit before it can get a judgment. If you never were served with the papers, and you did not learn of the lawsuit in time to defend, then you can try to vacate the judgement. Vacating the judgement "erases" the judgment and lets you defend yourself. To do so, you can file a motion, but you should act quickly.

Q: I need to satisfy a judgment, and the creditor is slowly responding to my request. How can I speed up this process?

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
If you are representing yourself, then you can contact their attorney directly; there is no need to go through the judgment-creditor if you are representing yourself. If you pay the judgment in full, the judgment-creditor must file the acknowledgement of satisfaction of judgment with the court immediately. If they do not, then you can make a formal, written demand that they do so. The judgment-creditor then will have 15 days to file it, and if they do not, then you have cause of action...

Q: I was a student at Everest College I never got my diploma I pay cash after years I'm still paying . What can I do?

1 Answer | Asked in Education Law, Consumer Law and Contracts for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
It depends on whether the loans are private or federal. If private, you can attempt to negotiate a settlement.

Q: I have a student loan debt that is almost $60,000 from Westwood College is there a way to get it off my record or reduce

1 Answer | Asked in Collections and Consumer Law for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Yes. If it is a federal loan, the Federal Department of Education is establishing a process for you to submit a claim for forgiveness on the grounds that school misrepresented itself to you or otherwise defrauded you into taking the loan. The department of education website has more information on this process for you. It involves providing specific information and documentation.

Q: I don't live inf the USA. I'm a Mexican citizen. I want to sue an American citizen who owes me $. Can I?

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Yes, you can sue the American citizen in the state where he lives. You will need to work with an attorney in the state where you plan to file suit.

Q: Are both parties responsible If a line of credit is opened by one party of a joint checking account?

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
This is something you can fight. You will need to review the terms and conditions your wife agreed to when she was added to the account. You also will need to review the terms and conditions of the agreement for the line of credit. Do not just accept the bank's oral representations to you. Look to the contracts to see what was agreed to. Even then, you can argue that your wife did not authorize the line of credit, was not a party to that agreement, and use those arguments to negotiate a...

Q: Getting my wages garnished. I was sued by GCFS INC and lost but I have never received any court notice. What can I do?

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Hello. Did you know about the lawsuit, or did you only learn about it once they started garnishing your wages? The plaintiff is required to give you proper notice of the lawsuit so that you can defend yourself. If they did not do that, and you have proof, then you possibly can undo their victory and force them 1) give you back your garnished wages; and 2) allow you to defend against their lawsuit in court. Time is important. The longer you wait to resolve this, the less likely it will be...

Q: How do I find out status of a suit filed against me by a debt collector?

1 Answer | Asked in Collections for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
Hello. If you were sued in Los Angeles County, you can check the status of the lawsuit on the court's website. On the site, hover the cursor over "online services" on the menu, then scroll down and click on "case summary." From there, you can use the case number to search for your case and see its status. The case number will be on the complaint they served on you in January.

By now, since you did not respond, odds are there is a default and default judgment entered against. That...

Q: Hi. studio purchased our online training as an artist and used a student coupon. have we a case against them?

1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Answered on Aug 10, 2016
Sergio G. Chaidez's answer
It depends on what your terms of use and service are. Do the terms say what the consequence to them is if they breach the terms? As far what you can sue them for, you can sue them for breach of contract, fraud, and possibly conversion. But the real question is what is it you hope to achieve with the lawsuit? If you monetary damages are what you seek, you need to determine what their breach has cost you.

Q: I went to ER for doctor-directed CT scan est. under $500.00. ER billed me $13,000.00. Can I fight this cost?

1 Answer | Asked in Health Care Law and Collections for California on
Answered on Aug 9, 2016
Sergio G. Chaidez's answer
Yes, you can fight the costs, especially if you legally did not authorize them. At the very least, they should supply you with an accounting of the fees.

Q: I need to answer a summons and don't know if I need an attorney or not. Bank filed a suit for $ owed them. Thank you

1 Answer | Asked in Consumer Law and Collections for California on
Answered on Aug 9, 2016
Sergio G. Chaidez's answer
You do not need an attorney to file your answer, but it helps. You can visit legal self help at the courthouse for assistance in preparing your answer in "pro per." The answer can be as simple as a form, but you need to make sure you complete it correctly, serve a copy on the plaintiff, and then file it with the court along with the filing fee.

Q: I received a summons regarding unpaid (& undisputed) credit card debt. I am disabled, with SS as sole income.

1 Answer | Asked in Social Security, Bankruptcy, Civil Litigation and Collections for California on
Answered on Aug 9, 2016
Sergio G. Chaidez's answer
It is better to get out ahead of them. While SSI & SSDI direct deposits are exempt, that will not necessarily prevent a judgment creditor from trying to collect against them and forcing you to explain why they are exempt.

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