Lawyers, Answer Questions  & Get Points Log In
California Collections Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Collections for California on
Q: What initial steps should I take to begin the appeals process and dispute the debt?

In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More

1 Answer | Asked in Contracts and Collections for California on
Q: Will my timeshare go away after 7 years in collections? I can't afford to pay or settle
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More

2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

Leon Bayer
Leon Bayer
answered on Mar 21, 2024

The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.

View More Answers

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
PREMIUM
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

View More Answers

3 Answers | Asked in Collections for California on
Q: My employer received an EWO from a levying officer in February 2024. The notice says it's for a debt collection filed

in Sept 2019. I have never received anything in the meantime. I have no idea what this is for. It's never shown on my credit report, nothing received in the mail, no phone calls. Is it legal to be able to garnish my wages now?

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

I'm sorry this has happened to you. Debts get bought and sold all the time, so the original creditor's name might not be on the ewo. You can get a copy of the relevant legal documents from the court, particularly the proof of service and the complaint. The complaint will tell you who the... View More

View More Answers

3 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Just found out I was sued 10 years ago for a debt I don't recognize ! What should I do?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 9, 2024

Hard to say for sure.

NOT everyone recalls all of their OLD debts?

Regardless, I will assume they WON the case?

IF it is over 10 years ago, any judgment is unenforceable in CA,

UNLESS they renewed it for another 10 yrs? Maybe that is how

you found out? You...
View More

View More Answers

3 Answers | Asked in Banking and Collections for California on
Q: In California, can I be served debt collection at my old address if people who live there(my old roommates)still know me
Leon Bayer
Leon Bayer
answered on Feb 9, 2024

If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the... View More

View More Answers

2 Answers | Asked in Consumer Law and Collections for California on
Q: How many times can a lawyer call you on a secured loan if you only made a half a payment this month
Leon Bayer
Leon Bayer
answered on Feb 7, 2024

Would you like to have the collateral repossessed? Seriously.

I contend that you are thinking about this all wrong. If the caller is the original creditor, I believe there is no limit. Regardless, you don't have to talk to them. In fact, you can hang up on them.

But you should...
View More

View More Answers

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: What costs can be in CA After Judgment form MC-012? CA Legal fees to domesticate in FL? FL legal fees to pursue debtor?

I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?

Can Florida... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024

Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees,... View More

2 Answers | Asked in Family Law, Divorce, Civil Litigation and Collections for California on
Q: Does "(ccp:685.010-685.110) 685.010. (a) Interest accrues at 10 percent per annum" apply to Family Law Orders?

After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.

For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024

In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that... View More

View More Answers

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: When can Social Security be garnished to settle a CA & FL family law Court Order money judgment? Pease cite court cases.

Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex breached fiduciary responsibility and to pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024

Given the complexities involved and the potential for both state and federal laws to impact the outcome, seeking tailored legal advice is crucial. This approach will help ensure that any actions taken are in compliance with applicable laws and regulations.

1 Answer | Asked in Divorce, Family Law and Collections for California on
Q: Can ex spouse IRA be garnished to satisfy a Court Order debt in California.? Please suggest court cases.

Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming annuities and IRAs are exempt. Note that EX... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024

Given the complexity of these issues and the potential for significant financial consequences, consulting with a legal professional who can provide advice tailored to your specific situation is advisable. They can help navigate the legal landscape, including analyzing relevant case law and statutes... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: Collections agency closed an inquiry for bad debt charge off and didn't contact myself so I contacted them.

Is the reason they didn't contact me cause they aren't reporting for 6 months? That's what the lady to me on the phone. Also that I need to pay half down of the charged account before end of feb

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

In California, a collections agency is not required by law to contact you before reporting a debt to the credit bureaus. The six-month period mentioned could be their internal policy or a specific arrangement related to your case. It's important to note that while they may choose not to report... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Identity Theft for California on
Q: Unlawful Pawnshop Release and Forgery - Northern California

Discovered mom forged my signature, pawn shop released jewelry to sister's boyfriend. No proper identity verification. Mother's false domestic abuse story hinders retrieval. She sent me a photo with the jewelry. Surveillance footage shows her handing it over when I pawned it. Manager... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2024

In your situation, several legal issues arise under California law, including forgery, identity theft, and potential liability of the pawnshop. California Penal Code sections 470-483.5 address forgery and identity theft. If someone forges your signature without authorization, it's considered a... View More

1 Answer | Asked in Divorce, Collections and Family Law for California on
Q: Is a CA Order/Judgment considered 'victim restitution' when it's for retirement benefits ex-spouse misappropriated?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order for stolen retirement benefits considered... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In the context of California Family Law, an order or judgment for misappropriated retirement benefits is not typically classified as "court ordered victim restitution" in the same sense as it is defined for criminal cases. Victim restitution generally refers to compensation awarded in... View More

2 Answers | Asked in Banking, Business Law and Collections for California on
Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?

My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.