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California Collections Questions & Answers
1 Answer | Asked in Collections, Gov & Administrative Law and Employment Law for California on
Q: Dispute a debt letter from CA state department for health plan delay.

I worked for a California state department and was terminated in October 2022. In May 2024, I received a letter stating I owed money due to a delay in adding my son to my health plan after his birth in July 2020. Initially, they said I owed $600, then sent another letter with a higher amount. Upon... View More

James L. Arrasmith
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answered on Mar 8, 2025

You have the right to request a detailed breakdown and verification of this alleged debt. Under California law, government agencies are typically required to clearly explain the basis for charges, including dates, amounts, and reasons for the debt. Because they've provided conflicting amounts... View More

2 Answers | Asked in Collections for California on
Q: Has the statute of limitations expired on my 2012 credit card debt in CA?

I received a letter from Mandarich Law Group attempting to collect on a credit card debt from 2012. They claim the last payment was in June 2019. I incurred the debt in California and haven't communicated with them or made any payments since then. This is the first correspondence I've... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 3, 2025

These facts indicate a debt that is noncollectable by lawsuit due to the passing of the statute of limitations.

Once should confirm with an experienced debt collection defense attorney as time limits can be complicated. You can also find out if the debt collector violated the law and if...
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2 Answers | Asked in Collections and Social Security for California on
Q: Can a creditor enforce judgment if I'm on social security?

I am expecting a judgment to be issued against me soon for a credit card debt with American Express. I currently have no other source of income besides social security. Can a creditor enforce a judgment against me given my situation?

Joel Gary Selik
Joel Gary Selik
answered on Feb 26, 2025

Yes. But the social security funds are exempt.

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2 Answers | Asked in Collections, Civil Litigation and Personal Injury for California on
Q: Can I take legal action to retrieve $40,000 lent to my cousin?

I lent my cousin $40,000 in 2023 over six months, with documentation but no exact repayment dates. During that time, I also paid for his lawyer's fees related to a Child Protective Services case after he hit his daughter; his children were removed and placed with his mother, who was aware I... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 21, 2025

In California you must sue within. Two years from an oral agreement.

You may also have a claim for fraud.

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1 Answer | Asked in Civil Litigation, Contracts and Collections for California on
Q: Can I sue a friend in CA for over $30,000 she owes me?

I lent a friend over $30,000 since early 2024, beginning with small amounts for a plane ticket, food, lodging, and later over $500 for medical bills. We agreed over Snapchat that she would repay me once she had a job, and it's been over a year without any repayment. She avoids communication... View More

James L. Arrasmith
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answered on Feb 19, 2025

You can sue your friend in California small claims court for amounts up to $12,500, or file in superior court for the full $30,000. Your case has several strong elements - the Snapchat messages showing the agreement to repay, along with PayPal receipts and bank statements that document the... View More

2 Answers | Asked in Civil Litigation, Contracts and Collections for California on
Q: Can I sue my friend for over 30k lent without formal agreement?

I lent a friend over $30,000 since early 2024, starting with small amounts for a plane ticket, food, and lodging, and later over $500 for medical bills. We agreed over Snapchat that she would repay me once she had a job, but it's been over a year with no repayment. She avoids communication and... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 19, 2025

Yes you can sue. You do not have to have a signed contract.

Note, there are deadlines to file a lawsuit for breach of an oral contract wherein you must file a lawsuit or be forever barred from compensation,

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1 Answer | Asked in Appeals / Appellate Law, Collections and Landlord - Tenant for California on
Q: Can Irvine Company garnish my earnings after default judgment?

I recently received a default judgment on December 12, 2024, from the Irvine Company regarding my apartment lease. They did not attempt to collect the debt by contacting me; they went straight to court. I am concerned they might garnish my Uber earnings. I need guidance on how to handle this... View More

James L. Arrasmith
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answered on Feb 15, 2025

Yes, the Irvine Company can legally garnish your earnings, including those from Uber, after obtaining a default judgment. In California, creditors can garnish up to 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 40 times the state minimum wage,... View More

1 Answer | Asked in Collections for California on
Q: Should I accept $20k in back owed child support when I'm owed $50k and he has the money? Can I sue him or place a lien?

Thank you for reading. I have a 20+ year long child support case with Los Angeles County Child Support Division. The case is now for arrears since my son is grown. My son's father, John, has recently inherited a lot of money and properties and he is offering me $20k when he actually owes me... View More

James L. Arrasmith
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answered on Feb 15, 2025

You deserve to receive the full amount of child support that's owed to you, and settling for less than half could impact both you and your son's financial well-being. While $20,000 might seem appealing right now given your current situation, accepting this offer could prevent you from... View More

1 Answer | Asked in Banking and Collections for California on
Q: I got a settlement offer email from capital one auto finance, I want to know if this email would hold up in court.

This are their terms, Pay 14,623.39

of your remaining balance of 29246.78

We’ll forgive 14623.39 of your remaining balance and the rest is payable as:

- 1 installment of 14623.39

- 3 monthly installments of 4874.46

- 6 monthly installments1 of 2437.23... View More

James L. Arrasmith
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answered on Feb 15, 2025

While email communications can serve as evidence in court, you would want additional documentation to make this settlement offer legally binding. The language used in the email appears to be from an official source, but the key is getting the agreement formalized in writing with signatures from... View More

2 Answers | Asked in Collections for California on
Q: Judgment against sole owner LLC business twice ignored debtor exam summons. How can I get collections information?

First debt exam owner provided blank signed Sc134, second no show. Clerk says can't arrest LLC for contempt. Do I file new fl-410 hiding assets account information under oath & failure to adhere to exam with proper service? Second suit I ask to pierce veil & alter ego doctorine?

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2025

Do not serve the LLC but serve the owner, as an individual. Make sure you comply with all the requriments for debtor's exam on a third-party.

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2 Answers | Asked in Collections for California on
Q: I got sued for debt collection. Need to respond but was sued while also coming to a settlement with the debt collector.

Just received the notice of settlement of entire case. I’m guessing I still need to answer the court?

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2025

Yes, failure to answer could lead to a default judgement. You want to file an answer, affirmative defenses, and potentially a cross-claim. But, if you get an agreement in writing and dismissal before due date you will not need to file an answer.

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1 Answer | Asked in Business Law, Collections and Small Claims for California on
Q: Can the tow agency keep my vehicle forever?

January of 2024 my vehicle was stolen from my driveway. Two weeks later the car was located by CHP who had it towed and stored. I was unable to get the car out of the tow yard due to the cost which quickly got out of hand.

After a few months I received notice from DMV that the tow... View More

James L. Arrasmith
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answered on Jan 28, 2025

When your car was towed and stored by the agency, they accrued charges for towing and storage fees, which led to the judgment against you for the money owed. However, winning a monetary judgment in small claims court doesn’t automatically give the tow yard ownership of your vehicle unless... View More

3 Answers | Asked in Consumer Law and Collections for California on
Q: I am have a trial date with Midland Credit Mgmt next month and want to know if I can settle my debt prior to it.

My trial is mid February. Is there a way I can contact MCM to settle the debt so I don't have to go to trial? Who would I contact- the law firm for MCM or MCM directly? I understand if this is done, we would both have to put it in writing, but I'm not sure what legal forms I need to fill... View More

Leon Bayer
Leon Bayer
answered on Jan 21, 2025

I suggest that you contact the lawyers on the other side. If an agreement is made, they can prepare the written settlement agreement and notify the court.

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2 Answers | Asked in Contracts, Collections and Landlord - Tenant for California on
Q: My sister got evicted and my name was on the lease but I did not stay in the unit.

How can I get the debt cleared from my credit report. They already sent the debt to collections.

Joel Gary Selik
Joel Gary Selik
answered on Jan 17, 2025

If you signed the the lease or a guarantee, you are liable for the debt.

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2 Answers | Asked in Consumer Law, Business Law and Collections for California on
Q: I need referral to lawyer or oaralegal assistance to file a motion to vacate or modify a renewal of judgement notice
Joel Gary Selik
Joel Gary Selik
answered on Jan 17, 2025

Use the search function of this website to find an attorney in your state.

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1 Answer | Asked in Real Estate Law, Civil Rights and Collections for California on
Q: I need to amend my certificate of assignment california and do a quiet title is there any other steps I'm able to file

Along with the amendment

James L. Arrasmith
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answered on Jan 16, 2025

Filing amendments to a certificate of assignment and pursuing a quiet title action in California involves several important steps. You'll want to prepare and file the amendment document first, clearly stating the corrections needed for the certificate of assignment.

For the quiet title...
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2 Answers | Asked in Contracts, Employment Law, Business Law and Collections for California on
Q: Does California's FWPA apply to equipment rentals?

I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More

Pavel Kolmogorov
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answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

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1 Answer | Asked in Collections for California on
Q: Have car that my registration has not been paid and parking tickets they will take my car away. Need help to keep my car

An senior and 74 years of age. Car was not working so had alot of tickets. My registration will be over 1400 in order to pay. I do not have money to pay this.

James L. Arrasmith
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answered on Jan 8, 2025

I understand you're in a difficult situation with your car registration and parking tickets, and I want to help you find solutions as a senior citizen on a limited income.

California offers several programs that might help you. The DMV has a payment plan option called "Payment...
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1 Answer | Asked in Collections for California on
Q: Received a letter from the County of Santa Clara Finance Agency- Public Assistance Collections insisting that I owe $576

I just received a letter from the County of Santa Clara Finance Agency- Public Assistance Collections insisting that I owe them $576. Despite their claim of repeatedly sending me notices this is the first and only time that I’ve ever received. I had food stamps when I lived in that County over 4... View More

James L. Arrasmith
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answered on Jan 4, 2025

You can start by contacting the County of Santa Clara Finance Agency by phone or through their official website to verify the authenticity of the notice. Provide any reference number from the letter, and ask for an itemized statement of how the amount was determined. This step helps confirm if the... View More

1 Answer | Asked in Banking, Civil Litigation, Collections and Small Claims for California on
Q: California creditor entered garnishment and accepted my exemption without going before a judge but a payment was taken

The courts still had possession on 3 of the payments but released one to the creditors are they supposed to return it do to acceptance of the exemption and if not does that payment start the 7 year clock over?

James L. Arrasmith
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answered on Dec 26, 2024

When a creditor accepts your exemption claim, they generally must return any funds that were garnished after you filed the exemption paperwork. The timing of when the payment was taken relative to when you filed your exemption is crucial - if the payment was taken before you filed the exemption,... View More

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