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Questions Answered by Gregory Mark Fitzgerald
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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