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Questions Answered by Gregory Mark Fitzgerald
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 »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Apr 6, 2022

If the judgment has not been timely renewed, it is no longer valid and you owe nothing. I would not offer or pay anything on it.

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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.

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 »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Feb 19, 2022

There are only 3 ways to resolve this: file a Motion to Vacate or settle it or file bankruptcy. Which option is best will depend on several things such as how much is involved, when you were served (and how), who the other side is, etc. A free consultation with a law firm that handles these matters... Read more »

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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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2 Answers | Asked in Collections for California on
Q: I have a question about debt collection in California.

My mother was sued by a debt collector in California and had a lien placed on her home. There was no notification and was never served to appear in court. Apparently, the court sent my mother a notification after the fact that she had a judgment filed against her and now has a lien against her... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Dec 27, 2021

Your mother really has only 3 options to resolve this: 1) a Motion to vacate the judgment, if successful, will remove the lien. To be successful, she must convince the court of 3 things: she was not served correctly, that she only recently learned of the existence of the judgment (typically less... Read more »

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2 Answers | Asked in Collections for California on
Q: I live in California and was just notified from my employer about wage garnishment what do I do ?

My employer just emailed me today notifying me about wage garnishment. First off, the debt is mine no objection to that . But To my knowledge I was never served or had any recollection that they were pursuing me this hard. What should I do ?

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Dec 22, 2021

You have 3 options in order to resolve the judgment: 1) file a Motion to Set it Aside (Vacate) based upon improper service of the original summons and complaint in the case; or 2) Settle it; or 3) file bankruptcy if desired and you qualify. As to the garnishment, you can file a Claim of Exemption... Read more »

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1 Answer | Asked in Collections for California on
Q: I'm sorry to bother you,, but, who do I file a right of exemption with in collections situation? Thank you
Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Oct 25, 2021

Your Claim of Exemption is filed with the sheriff who served the garnishment or levy

2 Answers | Asked in Collections and Consumer Law for California on
Q: Sued by collection agency for old cc debt. They filed before statute ran out but I was served AFTER - still valid?

Substituted service performed one day before statute of limitations expired - mailed packet was postmarked the day of statute of limitations, received in mail 7 days after. Can I contact them directly to settle or should I bank on passing of statue of limitations? Thanks :)

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Oct 22, 2021

The statute of limitations is not based on the service date. Therefore you should respond to the lawsuit because if you don't, it will become a judgment. Even if the statute of limitations has passed, the court will not know that unless you tell the court by contesting the case. Collections... Read more »

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3 Answers | Asked in Consumer Law for California on
Q: How do I stop a wage garnishment that was recently filed with my employer by a law firm?

I spoke with the Court and they told me I could file paperwork with the Sheriff Dept. to stop the garnishment, but I had to wait for the lawyer to file a Writ before they could do anything. They will be taking 25% of my check in which I can't afford. How do I proceed at this point?

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Oct 8, 2020

Only two people can stop or modify the wage garnishment: the lawyer/creditor who put into place (by reaching an agreement with them) or by the judge. To get the judge to hear your case, you must file a claim of exemption. There are many pitfalls and it is always best to hire a lawyer experienced in... Read more »

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3 Answers | Asked in Collections for California on
Q: I've been served with a judgement against me. other party states I was served 6/12/12 in San Jose I lived in Stockton.

I was living in Stockton at that time and was never served. Just got the judgement through the mail 6/29/20. Judgement is for 16k original balance 8 years ago 8k. Other party will not take less than 10k

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Aug 3, 2020

Your options are to file a Motion to Vacate the Judgment, settle it, or file bankruptcy (if available and desired). A lot more information is needed in order to properly assess the merits of any Motion to vacate.

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2 Answers | Asked in Collections for California on
Q: I have a judgement against me from capital one and it shows that it's vacated . What can I do

09/28/2020 8:30 AM DEPT. S16 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED

03/27/2020 8:30 AM DEPT. S16 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED

03/02/2020 WRIT FEE OF $40.00 PAID Not Applicable

03/02/2020 WRIT OF EXECUTION ISSUED TO SAN... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Jun 26, 2020

What appears to be vacated is various court dates the court sets to ensure compliance with filing deadlines. These dates are usually vacated when the court enters judgment (because the dates are no longer necessary due to the judgment being entered). Although it is impossible to be certain without... Read more »

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