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Questions Answered by Sergio G. Chaidez
2 Answers | Asked in Collections and Contracts for California on
Q: signed a coaching contract 2/16 but not able to pay due to illness caused by parasites and is being sued for remaining $

I signed a coaching contract to have someone come in and help me with my business. I put down $1800 in 2/16 and the plan was to start 4/16 and make two more payments of $1800. I kept getting sick and couldn't work enough to cover this and had lots of stress and anxiety. I just found out my water... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 16, 2016

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... Read more »

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1 Answer | Asked in Traffic Tickets, Collections and Car Accidents for California on
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?

It was a rental car under my moms name, was told I was put on the contract but never was. They served my old boss and left the papers on my desk, until I found them one day.

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 12, 2016

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.

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Can a consumer sue a VOIP phone service provider for interfering with my ability to receive incoming phone calls?

In May I changed VOIP phone service providers. A few weeks after I made the change, my old provider ported back my number without telling me or anyone else that they'd done it, or why. This provider has admitted that this error was their fault. I had dial tone and caller ID made it appear that... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 12, 2016

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... Read more »

1 Answer | Asked in Collections and Consumer Law for California on
Q: Can the owner of an office building submit a false claim to a collection agency? Is this illegal?

The General Manager of Regus failed to enforce pertinent rules of the Lease Agreement rendering my office unusable. After many discussions, letters, e-mail etc. went ignored, I was forced to terminate the lease 5 months early and move to another location. The amount submitted to collections is... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections, Health Care Law and Public Benefits for California on
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?

mother died 10 years ago and she was very poor. She left nothing behind other than her name was on my grandfathersite car in case he died.

My grandfather died 5 months ago and he had a house and still owned the car with my mother's name on it. I am the only sole heir and only living... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections for California on
Q: Hello: for a car loan judment was filed against me in 2010 but now in 2016 bank filed judgment release - please explain

in 2007 took carloan ..fell behind in 2009 - bank filed lawsuit and won judgment of $24K. recorded judgment in county. In 2016 now they filed release of judgment - judgment satisfied in full (other) . dmv record still says bank is lein holder. what does that mean ? auto still with me. WFS was... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Q: Can a bank make a payment with my credit card without my permission to pay the mortgage on our house?

Husband had mortgage with wells fargo. I had an account with them and a credit card. Husband could not afford to make mortgage payment so wells fargo charged me on my credit card for it. This all led to a chain of events with us finally loosing our house and being sent to collection for this.

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections and Consumer Law for California on
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

my employer is based out of state but i reside and work in ca. can they still enforce a wage garnishment

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections for California on
Q: Is there anything I can do about a judgment against me even though I was never served papers?

My car payment was 10 days late, when my car was repossessed. The company later got a judgment against me, but I was never served papers and never given the opportunity to defend myself.

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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.... Read more »

1 Answer | Asked in Collections for California on
Q: I need to satisfy a judgment, and the creditor is slowly responding to my request. How can I speed up this process?

I am a judgment debtor in Anaheim, CA. I am trying to satisfy a judgment for a unlawful detainer from a few years ago. The judgment creditor no longer has the same attorney that handled the case. The judgment creditor is in the process of trying to contact their current attorney, and as I am the... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Education Law, Consumer Law and Contracts for California on
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?
Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

It depends on whether the loans are private or federal. If private, you can attempt to negotiate a settlement.

1 Answer | Asked in Collections and Consumer Law for California on
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

They went out of business and their accreditation wasn't good what can I do?

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections for California on
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?

Can I use the American Judicial system to help me even if I am Non citizen and live in a foreign country.

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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.

1 Answer | Asked in Collections for California on
Q: Are both parties responsible If a line of credit is opened by one party of a joint checking account?

My wife was added onto her mother's US Bank checking account. The intent was for my wife to be an authorized signer while my mother-in-law had surgery. Six months after my wife was added, my mother-in-law opened a line of credit and used it to pay medical expenses. My wife was not informed this... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections for California on
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?
Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Collections for California on
Q: How do I find out status of a suit filed against me by a debt collector?

Was sued by a lawyer of a debt collector in November 2015 for a debt of approximately $2900. Was served by a third party in January 2016. To date, I have not responded to suit, as I was locked in depression and mental health issues at the time. Now that I am in a somewhat healthier space (by way of... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 11, 2016

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... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Q: Hi. studio purchased our online training as an artist and used a student coupon. have we a case against them?

We sell an online a training program for a 3D software. Artists get it cheaper than studios. We offer a coupon for students and needy artists. A studio purchased with the artist license and took advantage of the student coupon as well. It is a VR game studio hiring many new employees at the moment... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 10, 2016

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... Read more »

1 Answer | Asked in Health Care Law and Collections for California on
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?

I challenged the billing within 45 days, but ER claims they were justified in additional charges, albeit never authorized by me.

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 9, 2016

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.

1 Answer | Asked in Consumer Law and Collections for California on
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
Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 9, 2016

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... Read more »

1 Answer | Asked in Social Security, Bankruptcy, Civil Litigation and Collections for California on
Q: I received a summons regarding unpaid (& undisputed) credit card debt. I am disabled, with SS as sole income.

I was laid off in 2012. I continued to pay all debts until approx Jan 2016 when I ran out of money (including liquidating all retirement savings). I have been on disability since June 8, 2015. I was granted Social Security benefits - my only source of income - in July 2016. I have no car, no real... Read more »

Sergio G. Chaidez
Sergio G. Chaidez answered on Aug 9, 2016

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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