Get free answers to your Collections legal questions from lawyers in your area.
answered on Nov 5, 2024
What you can do is what you already should have done before the lien expired - you can file a lawsuit, and if you win you can have a judicial lien imposed, and then get a writ of execution to foreclose the lien.
Your lingering problems are two: you have a tendency to sit on your hands, and... View More 
I 100% supported everything financially and have endured debt on it and still to this day pay it
We are not together anymore and the plan was if she wins debt is owed back to me
That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More
answered on Nov 2, 2024
Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More
answered on Oct 30, 2024
Social security is exempt from Collection. If there is a bank levy look into a claim of exemption.
The registration was due while in their possession, Thats why I started to call about it, I needed to know how long until I would have it back or if there was a specific way to inform the CA DMV about the situation which I stated in my voicemail as well. I know Ill never get my car back now :(... View More
answered on Sep 30, 2024
You may sue the police, (or the city) for the value of your car and your personal property that was in the car. Small claims court might be a good place for your suit. There are strict time limits and notices that must be given to a governmental entity before you are allowed to sue it. You will... View More
My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More
answered on Sep 30, 2024
You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
I noticed that I’m being sued by a lawyer because I received a bill being charged for small claims they filed with the court but I have never been served. It’s possible the lawyer sent a summon to my old address but I haven’t lived there since May and not sure how to go about it now. What can... View More
answered on Sep 30, 2024
Look into a motion to set aside the judgment for failure to lawfully serve the lawsuit.
If I do nothing and do not pay the fee to remove my vehicle from this lot, can the towing company place a lien on my property?
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answered on Sep 25, 2024
No, a towing company cannot directly place a lien on your home. If you don’t pay the fee for your vehicle, the company has the right to keep your car until payment is made or potentially sell it to recover their costs, but this action doesn't extend to your other property like your home.... View More
I'm trying to challenge this lawsuit under the basis that the collector/plaintiff lacks standing. The bill of sale names the issuer of the account (original issuer) but it does not mentions my name or account number. Document states that a list of account sold under the bill of sale is... View More
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answered on Sep 19, 2024
You can challenge the lawsuit based on the plaintiff's lack of standing if they cannot prove a proper chain of title for the debt. The fact that your name or account number does not appear in the bill of sale or assignment document is important. It suggests the plaintiff may not have enough... View More
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answered on Sep 15, 2024
In California, a judgment is valid for ten years from the date it was entered. After ten years, it is no longer enforceable unless you take action to renew it before it expires. To extend the judgment, you need to file a renewal request with the court where the original judgment was entered. This... View More
The foreclosure trustee's attorney suggested I contact an attorney. This is in San Joaquin County, California
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answered on Sep 13, 2024
To access excess funds from a foreclosure, the first step is determining if the funds are still available. In California, excess funds are held by the trustee who conducted the foreclosure sale, and typically they are released to junior lienholders or the previous homeowner if unclaimed. Since your... View More
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answered on Aug 21, 2024
If you're facing a billing dispute related to your residential tenancy, it's important to address the issue quickly. You might be dealing with overcharges, unexpected fees, or an issue with utilities that you believe are unfair. Gathering all relevant documents, such as lease agreements,... View More
I Used San Diego Court calculator, to input costs, and calculate accrued interest on Judgment. This online calculation incorporated the costs in determining accrued interest. Is this acceptable before costs are approved?
Costs approved by the court are included as part of the judgment... View More
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answered on Aug 19, 2024
When filling out Form MC-012 for Memorandum of Costs, you should not include interest on costs that haven't yet been approved by the court. The accrued interest you calculate should only be on the principal judgment amount. Once the court approves the costs, they will become part of the... View More
MC-012 Form #3: "Accrued Interest remaining due. I declare interest accruing at the legal rate of 10% on the unpaid principal amount of ___X__"(This is clear that I fill in the principal.)
However, 2nd part of #3 is confusing -- do I fill in the amount of accrued interest or... View More
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answered on Aug 19, 2024
For the second part of #3 on the MC-012 form, you should fill in the amount of accrued interest, not the principal. The form's first part already covers the principal amount, and the second part focuses on how much interest has accumulated based on that principal. So, in the blank for... View More
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answered on Aug 15, 2024
When your father passed away, his Employee Stock Ownership Plan (ESOT) became part of his estate. You’ll need to follow the proper steps to transfer the ESOT to yourself or the appropriate heirs. Typically, this process involves contacting the ESOT administrator to notify them of your father’s... View More
After a judgment was made can u request lower payments if u been paying for two years and simply can’t afford to pay the amount u
Been paying
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answered on Aug 15, 2024
In California, a debt collector can place a lien on your home if they have obtained a judgment against you in court. This means they successfully sued you for the debt, and the court ruled in their favor. Once they have the judgment, they can record a lien, which can affect your ability to sell or... View More
I’m appealing a civil unlimited debt collection case where a third judge, clearly unfamiliar with the complex narrative, granted Plaintiff's MSJ. This was the Plaintiff's second MSJ in a short time. The judge weighed evidence and judged credibility during the hearing. The debt, related... View More
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answered on Aug 9, 2024
It sounds like you’re facing a challenging situation with your appeal. Since the judge granted the plaintiff's motion for summary judgment (MSJ) without allowing your case to go to trial, it's crucial to focus on the procedural issues that may have violated your due process rights. You... View More
After months of trying to get papers I reached out to fiance company who stated they dont offer financing for items requiring registration 125cc quad.stopped payments and it's been attached to credit. Fiance company has listed recently it as a prohibited item
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answered on Aug 8, 2024
Under California law, if a merchant misrepresented themselves and sold you an item that requires registration, you may have grounds to dispute the transaction. Since the finance company has confirmed they do not finance items requiring registration and the ATV was listed as a prohibited item, this... View More
I was activated 3 times recently. Twice for overseas deployments in 2019 and 2022, plus 1 time for training in 2022. All 3 times, my request was denied verbally, never in writing. I submitted the letters prepared by JAG and they said, we do not honor that. Only USERA. I made a request for a reply... View More
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answered on Aug 2, 2024
Under California law, you have several options to address this situation. The California Military Families Financial Relief Act provides specific protections for service members, including deferring payments on certain obligations like auto loans during periods of military service. Since your... View More
Judgement says the tenant does not pay anything to anyone, no withholdings and now the tenant is getting a collection bill from the plaintiff's attorney's collection department saying the past due has not been paid and they are calling the tenant on the phone leaving voicemail messages.... View More
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answered on Aug 1, 2024
You need legal assistance to address a billing dispute arising from a previous eviction judgment. The judgment states that you owe nothing, yet you’re receiving collection calls and bills. This situation requires immediate attention to prevent further harassment and incorrect billing.... View More
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answered on Jul 30, 2024
Debt collection practices are regulated by both state and federal laws. For a debt that is six years old, it is important to first determine if the statute of limitations has expired. In California, the statute of limitations for most consumer debts is four years from the date of the last payment... View More
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