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California Collections Questions & Answers
1 Answer | Asked in Banking and Collections for California on
Q: In relation to a car note

I made a payment a few days late (about 3 days)

And wasn't aware a late fee was applied so after making the standard payment I was hit with a 30 day late payment Even though I only didn't pay the late fee

Maurice Mandel II
Maurice Mandel II
answered on Aug 25, 2020

This is not banking, it is Contracts. Contact your bank, see what you can work out. Get out your loan documents and read them carefully, maybe the bank made a mistake. It happens. Negotiate with them to get some relief.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Collections for California on
Q: I've been served with a judgement against me. other party states I was served 6/12/12 in San Jose I lived in Stockton.

I was living in Stockton at that time and was never served. Just got the judgement through the mail 6/29/20. Judgement is for 16k original balance 8 years ago 8k. Other party will not take less than 10k

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Aug 3, 2020

Your options are to file a Motion to Vacate the Judgment, settle it, or file bankruptcy (if available and desired). A lot more information is needed in order to properly assess the merits of any Motion to vacate.

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2 Answers | Asked in Collections, Contracts and Small Claims for California on
Q: I have a decently sized default judgement from a UD in Ca. Are there companies or attorneys who can help collect?

I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 23, 2020

It sounds like you have some knowledge about how this process works. You are entitled to a judgment debtor exam, for which the most important part is the subpoena for his documents, all bank records, credit card records, any bills he has, records of ownership of any personal property worth more... View More

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3 Answers | Asked in Consumer Law and Collections for California on
Q: I have received an email requesting I pay or they will send me to court, I have never received any legitimate info

I have received this email and I want to know if it is legitimate, I emailed asking what it was in regards to and they sent an email with minimal information and told me to pay a certain amount of money to close it. They could not tell me when where or how they got my information, but that they... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jul 2, 2020

Your suspicion seems justified. This has the earmarks of a phishing scam. Since you haven't lost any money it is unlikely your local police department will get involved.

You should report it to the FTC. To do so, forward the message to the Anti-Phishing Working Group at reportphishing@apwg.org.

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2 Answers | Asked in Collections for California on
Q: I have a judgement against me from capital one and it shows that it's vacated . What can I do

09/28/2020 8:30 AM DEPT. S16 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED

03/27/2020 8:30 AM DEPT. S16 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED

03/02/2020 WRIT FEE OF $40.00 PAID Not Applicable

03/02/2020 WRIT OF EXECUTION ISSUED TO SAN... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 26, 2020

The entries you quoted above do not show that the Judgement was vacated. They show that a writ of execution may have been issued to the County. Need more information.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Collections and Small Claims for California on
Q: Does the plaintiff have to provide copies of receipts, emails, etc to the defendant prior to the court date?

This is a small claim court case related to a training we provided to an entity's personnel. They agreed via email to the terms and conditions. We provided the training and have proof of the service being provided. The other party never paid and never disputed. They just didn't pay even... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 17, 2020

Short Answer, NO. Small claims is meant to be an expedited trial situation for cases of a smaller value (used to be $2500, now up to $10,000). There is no "discovery" in Small claims, but other forms of compelling the production of witnesses and evidence, such as the subpoena power of... View More

3 Answers | Asked in Employment Law and Collections for California on
Q: I'm an independent contractor massage therapist. The spa owner is 2 months behind with payment. How do I get paid?

The spa owner said she would pay what is owing when her divorce settles, and money is released from an escrow account. I've been waiting for about 2 years. The spa owner claims not to have the money when I've asked repeatedly to be paid. I need options to compel the owner to pay what is owed.

Neil Pedersen
Neil Pedersen
answered on May 20, 2020

If you are truly an independent contractor, then the only way to force payment is to file a lawsuit, get a judgment, and collect that judgment. That will not be quick, easy or cheap. Short of that, negotiation is your only other option.

If you have been misclassified as an independent...
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1 Answer | Asked in Collections for California on
Q: I was sent to collections for a debt I don't owe. I have not received a response and wanted to know what else I can do

The company did not return calls for me to try to dispute this debt. I have email correspondence from the company saying the debt was in error and that it would be removed from my account. When I reach out to the collection agency, they tell me they have not received a response from the company... View More

Charles William Michaels
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Charles William Michaels
answered on May 5, 2020

Wait until the collection agency HAS received the response from the company. If the collection agency has not received that response in a reasonable time, WRITE to the company with a certified letter stating the problem.

2 Answers | Asked in Estate Planning, Collections and Probate for California on
Q: Is the surviving spouse liable for the deceased spouse's credit card debt if only in the deceased's name?

If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.

John B. Palley
John B. Palley
answered on Apr 29, 2020

That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets... View More

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1 Answer | Asked in Employment Law, Collections and Employment Discrimination for California on
Q: Can I get sued for $1200

I worked for a company doing landscaping and now my ex employer is threatening me with filing a claim he led me on believing I was going to be paid and ended up telling me he’s not going to what can I do in this situation? Should I be worried? Thanks in advance

Neil Pedersen
Neil Pedersen
answered on Mar 9, 2020

It is a common tactic for an employer to attempt to scare the employee from making a legitimate claim for wages owed or other money by threatening to sue the employee. Now if you borrowed money from the employer, or maliciously caused damages to employer property, there might be a legitimate... View More

1 Answer | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 5, 2020

Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... View More

Q: Do i have to pay $180 charge for a toilet snake my Apt's Maintenance charged me for a toilet paper tube accidently flush

Toilet seat sits 1ft from the dispenser - toilet paper tube accidently fell into toilet when pulling off empty roll and subsequently got flushed. Caused slow flush to happen but not a full clog.

Manuel Alzamora Juarez
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Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2020

If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... View More

Harlene Miller
Harlene Miller
answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Constitutional Law for California on
Q: Convicted of a crime I did not commit, I do have prison priors, +I'm on bail now. What should I do?
Dale S. Gribow
Dale S. Gribow
answered on Feb 17, 2020

ASK THIS QUESTION OF THE LAWYER WHO REPRESENTED YOU AND WHO HAS ALL THE FACTS IN FRONT OF HIM/HER

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I am looking for legal help in dealing with a defendant from which I collected a judgement a few years ago.

The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I... View More

Joseph Franklin Klatt
Joseph Franklin Klatt
answered on Feb 15, 2020

On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I... View More

1 Answer | Asked in Estate Planning, Civil Rights, Collections and Domestic Violence for California on
Q: We had listed on the form when we fill out that fees be paid by the respondent. The attorney was hired after and we told

We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2020

more info needed.

your missive is confusing.

the person to ask re the other side paying your legal fees would be your lawyer who has all of the info in front of him/her.

1 Answer | Asked in Family Law, Civil Rights, Collections and Gov & Administrative Law for California on
Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest

my children's mother has a new child with the relative of a judge believed to be in the family law division.

Mike Darlington
Mike Darlington
answered on Dec 25, 2019

Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.

If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might...
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1 Answer | Asked in Civil Litigation and Collections for California on
Q: how to collect judgement against my former employer

I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.

Am I better off trying to sell off my judgement

Neil Pedersen
Neil Pedersen
answered on Nov 30, 2019

Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.

It is impossible for anyone...
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1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.

I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... View More

William John Light
William John Light
answered on Nov 25, 2019

You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.

1 Answer | Asked in Collections for California on
Q: Can a collection agency come after you if the dept is over 4 years old for hospital bill under $2000,00?
Barak J Berlin
Barak J Berlin
answered on Sep 26, 2019

A collection agency can essentially ask you nicely for the money at any time. However, if the debt is past the statute of limitations (i.e. you haven't made payments for over four years), then they cannot make any misleading statements. This would include threats to sue you for the past due... View More

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