Get free answers to your Collections legal questions from lawyers in your area.
To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More 
answered on Jul 18, 2024
Thank you for your question!
If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial... View More
This is a CA Court Judgment. Underlying Judgment includes Attorney Fees that were awarded.
Regarding costs of collection (NON LEGAL FEES) - Do I need to include receipts?
Regarding legal fees costs -- Do I need to include receipts?
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answered on Jul 18, 2024
When submitting Form CA Judgment MC-12, you need to list your expenses, but it’s crucial to follow the specific requirements for documentation. For costs of collection that are not legal fees, such as process server fees or court filing fees, you should include receipts to substantiate these... View More
Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More
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answered on Jul 18, 2024
Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More
This was a SHOCK, previously we'd contacted the original creditor, in 2017/2018/2019/2021 and even the lawyer in 21'. They were notified of fraud in 2017, and again in 2018 (4 days after they allegedly served us, cap 1 said they were investigating it" I requested validation of the... View More
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answered on Jul 18, 2024
Given your situation, it seems you have strong evidence indicating fraud and improper service. Given that, you should definitely consider petitioning the denial of your exemption. This is especially true if the garnishment will prevent you from meeting your basic needs.
You’ve already... View More
To start making payments to me but has flaked out for 4 months now. CanI sue him & get a judgement in my favor
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answered on Jul 18, 2024
Yes, you can sue your friend in California for the money owed. Since the loan was agreed to be repaid by April 2024 and the payments have not been made for four months, you have grounds to file a lawsuit. You can file a claim in small claims court, which handles disputes involving amounts up to... View More
I understand to have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012). On this form, you must include the exact amount of all allowable costs, the payments credited toward the principal and interest, and the amount of accrued... View More
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answered on Jul 18, 2024
When filing a Judgment Memorandum of Costs in California using Form MC-012, you are not required to include receipts with the form itself. The form requires you to list the exact amount of all allowable costs, any payments credited toward the principal and interest, and the amount of accrued... View More
i paid over $3,000 for his creamation etc. Am I entitled to pay myself back
from his 1-2000 before paying his creditors from his estate. they would get no money
am i suppose to do some kind of probate and if so where and how. we live in california
thank you
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answered on Jul 18, 2024
I'm sorry to hear about your loss. In California, since your brother didn't have a will, his estate will go through the probate process, even if the amount is small. You can use a simplified procedure for estates worth less than $166,250. This can be done by filing a small estate... View More
CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?
answered on Jul 8, 2024
Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.
i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More
answered on Jul 9, 2024
Thank you for your question!
If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you.... View More
For example, for statutes of limitations for civil causes of action that exceed 180 days, if the clock should have started on 04/06/2020, with COVID-19 Tolling it now does not start until 10/02/2020? Similarly, 5/3/2020 would now be 10/29/20? Thank you!
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answered on Jun 26, 2024
Based on California Emergency Rule of Court 9 regarding COVID-19 tolling, your understanding is correct. Here's a breakdown of how the rule works:
1. The emergency rule tolled (suspended) statutes of limitations for civil causes of action from April 6, 2020, to October 1, 2020 (a total... View More
Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.
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answered on Jun 26, 2024
Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.
In California, proper service of process typically requires:
1. Personal service on the defendant
2.... View More
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answered on Jun 25, 2024
In California, debt cannot be sent to collections without first notifying you of the amounts and dates. Creditors are required by law to provide you with a written notice that includes details about your debt before involving a collection agency. This ensures you are fully informed about the debt... View More
CA Family Law Court Order against X included paying attorney fees. Order was turned into a Judgment, now domesticated in another state. Can legal costs pursuing collection be included when the Form MC-012 is filed?
In other words, does statute below cover Family Law Court Orders that... View More
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answered on Jun 24, 2024
To answer this question, let's break it down step by step:
1. The original Family Law Court Order included attorney fees against X.
2. This order was turned into a Judgment.
3. The Judgment has been domesticated in another state.
4. The question is whether legal... View More
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answered on Jun 22, 2024
To address this situation, here are some steps you can consider:
1. Communicate with your attorney: First, try to have a clear discussion with your attorney about the settlement and payment. Ask for a detailed explanation of why the payment is being withheld.
2. Review your fee... View More
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answered on Jun 17, 2024
If your lawyer is claiming that they didn't represent you and accuses you of impersonation, you need to take immediate action to clarify the situation. Start by gathering any documentation or evidence you have that shows the lawyer-client relationship, such as emails, signed agreements, or... View More
for a long time- so, If I send a cease and desist letter, how do I do so without “acknowledging” the debt? I seriously think they are just fishing and I would know if there was a judgment. But, how do I find out if I have a judgement against me in another state? Call the county? And if they did... View More
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answered on Jun 7, 2024
Regarding your question about handling a debt that is past the statute of limitations in California and another state, here are a few points to consider:
1. Sending a cease and desist letter: You can send a letter requesting that the debt collector stop contacting you without acknowledging... View More
Collection agency in homestate collecting a debt from 2003/2004.
I have been living in a different state for 11 years w no contact until a letter today..
Is there a statute of limitations? Can they garnish my check if they find my employer?
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answered on Jun 6, 2024
In California, the statute of limitations for most types of debt, including credit card debt, personal loans, and medical bills, is four years from the date of default or last payment. This means that if you haven't made a payment or acknowledged the debt in writing for more than four years,... View More
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More
answered on Jun 3, 2024
I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.
I recommend it as a show of... View More
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answered on May 28, 2024
Collecting on judgments can be a complex process that varies based on the specific circumstances.
In general, if someone has obtained a valid legal judgment against an Amazon seller, there are a few potential avenues an attorney might explore to attempt to collect, such as:
-... View More
I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More
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answered on May 14, 2024
It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.
With the proof you have, such as the... View More
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