Get free answers to your Collections legal questions from lawyers in your area.
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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 
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
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
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
I was activated 3 times recently. Twice for overseas deployments in 2019 and 2022, plus 1 time for training in 2022. All 3 times, my request was denied verbally, never in writing. I submitted the letters prepared by JAG and they said, we do not honor that. Only USERA. I made a request for a reply... View More
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answered on Aug 2, 2024
Under California law, you have several options to address this situation. The California Military Families Financial Relief Act provides specific protections for service members, including deferring payments on certain obligations like auto loans during periods of military service. Since your... View More
Judgement says the tenant does not pay anything to anyone, no withholdings and now the tenant is getting a collection bill from the plaintiff's attorney's collection department saying the past due has not been paid and they are calling the tenant on the phone leaving voicemail messages.... View More
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answered on Aug 1, 2024
You need legal assistance to address a billing dispute arising from a previous eviction judgment. The judgment states that you owe nothing, yet you’re receiving collection calls and bills. This situation requires immediate attention to prevent further harassment and incorrect billing.... View More
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answered on Jul 30, 2024
Debt collection practices are regulated by both state and federal laws. For a debt that is six years old, it is important to first determine if the statute of limitations has expired. In California, the statute of limitations for most consumer debts is four years from the date of the last payment... View More
I have been going through cancer treatments and have been on long term disability. The insurance co. made a mistake and are now wanting me to pay back $13800.00 + dollars and have threatened me with collections. Can they ding my credit when we did not enter into a credit agreement with them?
answered on Aug 9, 2024
Insurance companies can pursue overpayments. One option might be to discuss with your state's Department of Insurance in terms of your consumer protections and options, based on amount, nature, and timeline of overpayment. Good luck
To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More
answered on Jul 18, 2024
Thank you for your question!
If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial... View More
This is a CA Court Judgment. Underlying Judgment includes Attorney Fees that were awarded.
Regarding costs of collection (NON LEGAL FEES) - Do I need to include receipts?
Regarding legal fees costs -- Do I need to include receipts?
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answered on Jul 18, 2024
When submitting Form CA Judgment MC-12, you need to list your expenses, but it’s crucial to follow the specific requirements for documentation. For costs of collection that are not legal fees, such as process server fees or court filing fees, you should include receipts to substantiate these... View More
Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More
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answered on Jul 18, 2024
Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More
This was a SHOCK, previously we'd contacted the original creditor, in 2017/2018/2019/2021 and even the lawyer in 21'. They were notified of fraud in 2017, and again in 2018 (4 days after they allegedly served us, cap 1 said they were investigating it" I requested validation of the... View More
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answered on Jul 18, 2024
Given your situation, it seems you have strong evidence indicating fraud and improper service. Given that, you should definitely consider petitioning the denial of your exemption. This is especially true if the garnishment will prevent you from meeting your basic needs.
You’ve already... View More
To start making payments to me but has flaked out for 4 months now. CanI sue him & get a judgement in my favor
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answered on Jul 18, 2024
Yes, you can sue your friend in California for the money owed. Since the loan was agreed to be repaid by April 2024 and the payments have not been made for four months, you have grounds to file a lawsuit. You can file a claim in small claims court, which handles disputes involving amounts up to... View More
I understand to have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012). On this form, you must include the exact amount of all allowable costs, the payments credited toward the principal and interest, and the amount of accrued... View More
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answered on Jul 18, 2024
When filing a Judgment Memorandum of Costs in California using Form MC-012, you are not required to include receipts with the form itself. The form requires you to list the exact amount of all allowable costs, any payments credited toward the principal and interest, and the amount of accrued... View More
i paid over $3,000 for his creamation etc. Am I entitled to pay myself back
from his 1-2000 before paying his creditors from his estate. they would get no money
am i suppose to do some kind of probate and if so where and how. we live in california
thank you
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answered on Jul 18, 2024
I'm sorry to hear about your loss. In California, since your brother didn't have a will, his estate will go through the probate process, even if the amount is small. You can use a simplified procedure for estates worth less than $166,250. This can be done by filing a small estate... View More
CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?
answered on Jul 8, 2024
Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.
i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More
answered on Jul 9, 2024
Thank you for your question!
If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you.... View More
For example, for statutes of limitations for civil causes of action that exceed 180 days, if the clock should have started on 04/06/2020, with COVID-19 Tolling it now does not start until 10/02/2020? Similarly, 5/3/2020 would now be 10/29/20? Thank you!
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answered on Jun 26, 2024
Based on California Emergency Rule of Court 9 regarding COVID-19 tolling, your understanding is correct. Here's a breakdown of how the rule works:
1. The emergency rule tolled (suspended) statutes of limitations for civil causes of action from April 6, 2020, to October 1, 2020 (a total... View More
Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.
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answered on Jun 26, 2024
Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.
In California, proper service of process typically requires:
1. Personal service on the defendant
2.... View More
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answered on Jun 25, 2024
In California, debt cannot be sent to collections without first notifying you of the amounts and dates. Creditors are required by law to provide you with a written notice that includes details about your debt before involving a collection agency. This ensures you are fully informed about the debt... View More
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