Get free answers to your Collections legal questions from lawyers in your area.
I am facing an issue with First Imperial Credit Union Bank in Imperial County, CA, as they are requiring the last four digits of a debtor's Social Security Number to comply with a Writ of Execution for a bank levy. I have the debtor's account number, but the debtor did not appear in court... View More 
answered on May 12, 2025
That's an internal bank policy to ensure they garnish the correct person's account. It's not a question for the Court to decide. You can do discovery under California law to attempt to ascertain the debtor's information.
How would U.S. courts evaluate a debt enforcement case where:
1. A debtor provided documented proof of psychiatric hospitalization (3+ years) but was denied due process (judge absent at hearing, medical evidence ignored)?
2. The penalty increased from 12 million tomans to 87 million... View More
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answered on May 9, 2025
Under U.S. due process standards, the procedural irregularities you describe would be viewed as substantial violations warranting judicial remedy. When a judge is absent from hearings and documented medical evidence is disregarded, U.S. courts would likely find fundamental fairness has been... View More
I received a collections summons on April 24, 2025, from Chatsworth Court House instead of my local court in Van Nuys, both within Los Angeles. The summons lacks a checked box in the "Notice to the Person Served" section. I have not responded or disputed the claims, but have received... View More
answered on Apr 28, 2025
It would not be a motion to quash, but a motion to change venue. Make certain your research shows that they are required to sue in that venue.
Contacting the adverse attorney with a request to move courts should first be attempted.
Note, you must respond in time or they may get a... View More
I've been renting my property for 3 years and recently gave the landlord a 14-day notice instead of the required 30-day notice. Two reasons for moving out include a rent increase and a prostitution issue in the building, which is remotely managed without an on-site manager. The landlord is... View More
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answered on Apr 27, 2025
Your situation involves several important legal considerations. Generally in California, tenants must provide 30 days' written notice to terminate a month-to-month tenancy. This is assuming your rental agreement does not provide for a different notice period, as some leases allow for shorter... View More
I am being sued by a debt collector in California, but the summons was sent to an old address where I no longer live. I haven't received any official notification from the court about the lawsuit. I'm worried about improper service and don't want a default judgment entered against... View More
answered on Apr 21, 2025
It is good you are monitoring the court records. But the plaintiff might file the proof of service and the request to enter default at the same time. This might require you to file a motion to set aside the judgement.
You can now, file a motion to quash or simply file an answer with... View More
I am being sued by a debt collector in Orange County, California, for unpaid credit card debt amounting to about $13,000. The complaint was filed on April 15, 2025, but I haven't been served yet. I did not respond to previous contacts by the debt collector, and I plan to file an answer. There... View More
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answered on Apr 19, 2025
For your Orange County case involving unpaid credit card debt, you have two primary options. In California, you can file a petition to compel arbitration instead of filing an Answer to the complaint. If you choose this route and the petition is denied, you will have 15 days after the denial to file... View More
I am a victim of identity theft; someone took out a loan in my name with Net Pay Advance. The fraud department of Net Pay Advance is asking for my Social Security number and driver's license number, but I'm concerned about the misuse of this information. While I have placed fraud alerts... View More
answered on Apr 16, 2025
I would contact one of us Justia consumer protection attorneys that assist consumers with identity theft. You'll want to file a police report and an FTC Fraud Affidavit.
Make sure that any dispute that you have made to Net Pay Advance is in writing and save any correspondence that you... View More
How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More
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answered on Apr 16, 2025
When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More
I'm being contacted by Cash Call and Dahl and Associates regarding a debt. They have asked me to sign a validation of debt document containing all my information. Dahl and Associates left me a message today, stating that if I don't sign, they will proceed to garnish my wages. I have not... View More
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answered on Apr 7, 2025
If you're being contacted by Cash Call and Dahl and Associates regarding a debt, it's important to stay calm and informed. First, know that they cannot legally garnish your wages without a court judgment. If you have not been served with any lawsuit documents, they cannot move forward... View More
I live in my son's house in Santa Clara County, CA, which is owned by him and held in trust. I owe a small bank $4,000, but now that I'm retired, I can't repay it. The bank filed a claim against me in small claims court. Recently, I received a letter from the Santa Clara County... View More
answered on Apr 6, 2025
Most likely the Recorder is just informing you that an "Abstract of Judgement" has been recorded. Such a document can be a lien against real property. If you don't have real property, it can't be a lien against it.
I received a validation of debt letter today, asking me to pay a credit card debt from 2005. I don't remember making any payments on this debt and I haven't had any communication with the collector prior to receiving this letter. I have been a resident of California since 1992. Can I use... View More
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answered on Apr 4, 2025
Yes, you can use the statute of limitations as a defense against this old credit card debt from 2005. In California, the statute of limitations for credit card debt is four years from the date of your last payment or activity on the account. Based on the information you've provided, the... View More
I was misled by an employee of a major cell phone company who assured me their international plan would cost only $10. However, after using the plan, I was billed approximately $1,200 for the month. The employee sent me messages confirming the $10 cost. I contacted customer service, and they opened... View More
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answered on Apr 2, 2025
Your situation involves potential misrepresentation by the telecommunications company representative, which may constitute a violation of consumer protection laws. You should immediately send a formal written dispute letter to both the cell phone company and the collection agency via certified mail... View More
I'm a judgment debtor living in California. I received an abstract of judgment on April 24, 2024. I have limited income sources like Social Security and Medicare, and I receive food and medical assistance. I tried to defend myself in court but didn't understand the law and motion process.... View More
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answered on Mar 31, 2025
You have several potential options to address the judgment against you. First, you might qualify for a motion to vacate the judgment under California Code of Civil Procedure section 473(b) due to mistake, inadvertence, surprise, or excusable neglect, or under section 473.5 if you didn't... View More
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More
answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
I am in California, and I recently received a collection notice from a tow company for $3,253.44 concerning one of my vehicles. I possess copies of the titles, but three of my vehicles were stolen, the last one in August 2023. I have not had any vehicles towed recently, and the collection notice... View More
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answered on Mar 12, 2025
First, contact the towing company directly and request detailed information about when and where your vehicle was towed, as well as documentation proving they followed proper notification procedures required under California law. Clearly explain that the vehicle was stolen, provide a copy of your... View More
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
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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
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
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... View More
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?
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
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.
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
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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
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