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California Collections Questions & Answers
1 Answer | Asked in Consumer Law and Collections for California on
Q: I received a judgement (bank levy)from a collector. Citibank sold to collectors in May 2006. What are my rights?

This is my first time hearing from these collectors. I have received three of the same judgments within two months. The 1st one was for 18k. The second one has now grown to 19k, and the third one was in my 17 year old son's name. All three from the same collector! I never appeared before a... View More

William John Light
William John Light
answered on Apr 21, 2017

If you have judgments against you, your rights are pretty limited. Lawsuits have to be served on you before a judgment is entered. It gives you the opportunity to contest the charges. If you did not contest the charges, then the plaintiff gets a Judgment and you can't come back later and... View More

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Q: when collection agencies sell an account will it disappear on your credit report?

There was a collections account posted on my report. I have not paid on it. It was recently removed and I would like to know why? Will it reappear on my report? Is it in the process of transferring between agencies? Am i basically in the clear?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

Credit reports may stop listing certain accounts or judgments after a period of time, but that doesn't mean you're necessarily cleared of any related legal liability. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: Can a removed collections account reappear on my credit report?

I had a collections account reported on my credit report. I have not payed because I was looking to dispute the charges. It has recently been removed. Can it reappear and will it hurt my credit again?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

See my answer to your identical question here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More

1 Answer | Asked in Collections for California on
Q: I have a wage garnishment of 3,ooo.i was never served or never went to court ,never had a judgement against me

This garnishment was the first I ever heard of this situation.by taking my money (from a min.wage job)a hardship will be caused that will put me and my two granddaughters in dire straights ,homeless,no job,vehicle etc.what can I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 14, 2017

You can file an appeal of the judgment in the court where it was issued, claiming you were never served. Free legal resources are available at your local law library. You can also contact legal aid for help to see if they provide help with such cases. More details are necessary to provide a... View More

1 Answer | Asked in Consumer Law and Collections for California on
Q: A event was cancelled and they emailed us, offering refunds. A month later, and still no word, even though we emailed.

This event was a lantern festival, but due to issues with permits and unability to find another venue, they offered either a refund or other dates for the festival in a different location. We opted for the refund. Going on a month afterwards, still no word on the refund. We have tried reaching out... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 14, 2017

You may want to review your contract with a lawyer to see if you can/ should sue in court or negotiate a resolution.

See: http://www.aeesq.com/business-law/business-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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2 Answers | Asked in Family Law, Collections and Probate for California on
Q: If you are living with someone-18yrs-but not married , are you responsible for his debts when he dies/ he has no assets,

Large c.c.balances

Richard Samuel Price
Richard Samuel Price
answered on Apr 13, 2017

No, you are not responsible for the debts of the decedent. By the way, there is no common-law marriage in California.

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1 Answer | Asked in Family Law, Collections and Probate for California on
Q: My wife just passed away. What of any of her bills am I responsible for? And If my name is on any of her accounts?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 5, 2017

It is possible that her estate would be liable for separate property debts, and it's possible that you'd be responsible for your share of community property debts and joint accounts. Did she have a trust or will? More details are necessary to provide a professional analysis of your issue.... View More

1 Answer | Asked in Collections for California on
Q: I have paid off a judgment against me and another collector ( a lawyer) is trying to collect on the paid off judgment.

I have paid off a judgment against me, free and clear confirmed by the court. I am now refinancing my home but another collector (a lawyer) is trying to collect the same judgement I have already paid off. I have the proof of payment from the County Courts and it a matches case number number he is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 6, 2017

Is there a lien on your home? Why is the bank holding up your refinance if you've shown them proof of clear title and the paid-off debt? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

Q: How do I sue someone?

I working in a handy man business and they asked me to get a credit card from Home Depot for business expenses but now that the bill is here they don't want to pay the card like they said they would. Plus they weren't paying me an hourly income or hardly even paying me. So I feel like I... View More

Louis George Fazzi
Louis George Fazzi
answered on May 9, 2017

You should immediately contact the state Labor Commissioner. You can find him online at https://www.dir.ca.gov/dlse/DistrictOffices.htm. Copy and paste this link in your browser and you will be taken to the Labor Commissioner's web page. Find the Labor Commissioner's office in the nearest... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: Don't know what to do. I am being sued for a car that belong to my ex husband and I signed on. The car was repo in 2005.

I was served last night with a notice of renewal of judgment. I signed on a car loan in 2005 along with my ex husband. The car belong to him and was always in his possession. I cant afford legal help I am a single women with 5 kids. please someone help me. I am located in North Hollywood CA.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

The divorce judgment should have decided liability for various debts. If it didn't do so and the divorce case is closed, then you may have to file a cross-complaint against your ex-husband seeking indemnification from the debt. Seek self-help resources at your local law library which may... View More

1 Answer | Asked in Contracts and Collections for California on
Q: If a promissory note is signed by the husband and another party, and the wife does not sign the note. Then the wife is

not a party to the contract. Then the wife acting as a third party with knowledge of the contract { the promissory note } causes her husband to breech the contract. Then is the third party wife then liable for a cause of action for intentional interference with contract

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

It depends on what you mean by "causes her husband to breach" [sic]. See: https://www.justia.com/trials-litigation/docs/caci/2200/2201.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
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1 Answer | Asked in Collections for California on
Q: Collection agency contacted me to pay a 25 y/o credit card debt. Is this "time-barred" and not collectible?

There is no record in L.A. Superior Court or extension. Also not on my credit report. I am in California.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

See: http://www.courts.ca.gov/9618.htm

The SOL may have run. It depends on the facts and whether novation occurred, even inadvertently. That's why it's key to have a lawyer handle such communications for you. More details are necessary to provide a professional analysis of your...
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1 Answer | Asked in Consumer Law and Collections for California on
Q: Victim of a scam magazine subscription - put a stop payment order on the check.

Now a collection agency is invoking California Commercial Code, Section 3302 - Holder in due course and says that I owe them money. Am I liable for this?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 2017

You can report this fraud to the FTC and the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Collections for California on
Q: Can a debt collector add interest to a debt, and if so can they continue to do it after the original debt was paid?

Im in CA we had Riverside public utilities, no contract signed.

when we moved they sent us to collections for about $340.

The debt collector account sez we owe like $470.

We just moved back to riverside and to turn the power back on with Riverside Public Utilities we had to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

Interest can accrue over time on a debt, even if the debt is sold to a collection agency. But if you settled the debt with the current debt holder and the agency does not own the debt but was hired to try to collect it for the PUC, then you can inform the collector to cease their debt collections... View More

1 Answer | Asked in Collections for California on
Q: we are the creditor in a small claims case. We have served a bank levy and a third pary claim has been done.

The daughter says it is her account however on the rental application the parents put that account down as there main account what do I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 17, 2017

Your question is vague. Who are your pursuing? You should attach the assets of the person that owes you money, generally. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

2 Answers | Asked in Collections for California on
Q: A collection agency called my workplace and told my supervisor I owed them money. Is this legal?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

That sounds excessive. Do they not have your personal contact information?

See: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text, especially sec. 805 & 806.

More details are necessary to provide a professional...
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1 Answer | Asked in Probate, Collections and Elder Law for California on
Q: my wife was a conservator for her brother before we married. she breached her fiduciary duty by investing in a non court

approved house flipping business that lost everything when the housing market went south six seven years ago while we were married. her bond company obtained a judgement against her that she cannot satisfy. She has dementia now, and no assets. We are still married. my question is this....am I also... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Based on your details, I see no strong basis to justify your responsibility for her debts or alleged misdeeds as they apparently are based on separate property assets and duties unrelated to your marriage. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

1 Answer | Asked in Consumer Law and Collections for California on
Q: I have a money judgment. I want to apply a lien against any monies my debtor should get out of a pending P.I. case.

Do I check item 1"a" Article 3 or item 1"b" Article 5 on form EJ-185, Notice of Lien-(attachment-enforcement of judgment) Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Have a lawyer handle the collections matter for you. Otherwise access self-help resources online at courts.ca.gov or at your local law library. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: Will a judgement be granted at an OSC 3.740 hearing in CA ON 2/1/17 if I have not been served the complaint yet?

Im being sued by my credit card company for a judgement how long from filing 12/28/16 for judgement to be given

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

More facts are needed here. Have a lawyer review your case files. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More

1 Answer | Asked in Tax Law and Collections for California on
Q: Live in California. Single mom Get only child supp $791mon Work part time $450mon

Can state board of equalization do a wage garnishment and levy bank acc at same time. I financially struggle monthly. I have no assets. The tax debt is from 2005 and is from a old business i owned but financially lost in 2005. My rent is $1000 mon. You can see i live below poverty.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 15, 2017

You can contact the Board to discuss your hardships and ask them to take it into consideration. Bankruptcy may be another possible option. Speak to a bankruptcy attorney. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any... View More

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