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California Collections Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Collections for California on
Q: How can I appeal a rejection for extension (cm020) in the State of California if the rejection was based on their error?

I filed a request for extension (form cm020) with the Superior Court of California, County of Orange. The rejected it on the based on:

Reject Reason 1:

Other

Clerk's comments to submitter:

The document submitted is incomplete. Number 1 was left blank.... View More

James L. Arrasmith
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answered on Dec 6, 2024

Your situation with the Orange County Superior Court can be resolved through a few different approaches, but you'll need to act quickly given the time-sensitive nature of your extension request.

First, gather evidence of the error by taking screenshots or making copies of both your...
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1 Answer | Asked in Divorce, Family Law, Collections and Social Security for California on
Q: I need to know how I can garnish my ex spouse (63) SSA-retirement for alimony and arrears he hasn’t paid for years.
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answered on Dec 3, 2024

You can enforce alimony payments through Social Security retirement benefits, which is often an effective way to collect unpaid support. Your first step should be to obtain documentation of the unpaid alimony and arrears, including your divorce decree and any court orders showing the amount owed.... View More

1 Answer | Asked in Civil Litigation and Collections for California on
Q: Meaning et al
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answered on Nov 21, 2024

Here's what "et al." means and how it's used in legal contexts:

When you see "et al." in legal documents or court cases, it stands for "et alia" or "et alii" in Latin, meaning "and others." You'll often encounter this term...
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2 Answers | Asked in Collections for California on
Q: Hi, my mechanics lien expired on 8/8/2024 but i wanted to enforce the lien. Is there a way I can still enforce it?
Leon Bayer
Leon Bayer
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...
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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

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

Leon Bayer
Leon Bayer
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

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2 Answers | Asked in Collections for California on
Q: Can my Social Security be taken by credit collection agency?
Joel Gary Selik
Joel Gary Selik
answered on Oct 30, 2024

Social security is exempt from Collection. If there is a bank levy look into a claim of exemption.

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2 Answers | Asked in Consumer Law and Collections for California on
Q: **Update to pd towed vehicle ? **

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

Leon Bayer
Leon Bayer
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

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3 Answers | Asked in Collections, Communications Law and Legal Malpractice for California on
Q: I was told I would get my car back as soon as an investigation was finished but they sent it to a tow yard instead!

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

Joel Gary Selik
Joel Gary Selik
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

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2 Answers | Asked in Collections and Small Claims for California on
Q: Being sued for a balance

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

Joel Gary Selik
Joel Gary Selik
answered on Sep 30, 2024

Look into a motion to set aside the judgment for failure to lawfully serve the lawsuit.

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1 Answer | Asked in Real Estate Law, Traffic Tickets and Collections for California on
Q: A tow company has my vehicle and will have a lien place on it if I do not pay the fee. Will a lien be put on my home?

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

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Bill of sale and assignment document of an account that I allegedly owe does not mentions my name or account number.

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

1 Answer | Asked in Collections for California on
Q: Are there any ways to renew a judgment in California after ten years?
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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

1 Answer | Asked in Collections for California on
Q: On a civil judgement on someone with excess funds from a foreclosure. My suit filed post foreclosure. Any way to access?

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

1 Answer | Asked in Business Law, Collections, Government Contracts and Landlord - Tenant for California on
Q: I need of a billing Dispute lawyer (tenant, residental)..
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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

1 Answer | Asked in Family Law and Collections for California on
Q: For Memorandum of Costs Form MC-012, do I calculate accrued interest on Principal including Costs I'm submitting?

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

1 Answer | Asked in Collections for California on
Q: On MC-012 form re #3 "Accrued Interest". Do I fill in interest amount or the principal that interest is accruing on?

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

1 Answer | Asked in Collections for California on
Q: Hello, I have a ESOT that my father gave to me; it’s in his name but he has passed away. What should I do with it?
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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

1 Answer | Asked in Collections for California on
Q: Can a debt collector put a lien on my home for old debt if I was in hospital a notice for a lien in property

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

1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Contracts for California on
Q: Right to Due Process: Denied a Trial in Unjust debt collection case involving Choice of Law & foreign Retroactive Laws.

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

1 Answer | Asked in Consumer Law, Contracts, Collections and White Collar Crime for California on
Q: Fianced atv. No papers received for registration. Merchant labeled thereself a furniture store, yet we're powersports.

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

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