Get free answers to your Collections legal questions from lawyers in your area.
My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More 
answered on Jul 8, 2023
You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your... View More
I never recieved the initial Overpayment notice ,they say it was discovered in 2003. I know its not fraudulent. In 2001 I had all my phone interviews and they checked with former employer.The teuc extension was sent to me to fill out since I qualified.
I did not file an appeal because I... View More
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answered on Jun 27, 2023
It seems you're facing a wage garnishment in California related to an overpayment issue from the Employment Development Department (EDD) and TEUC Act of 2002 benefits. Unfortunately, you didn't receive the initial overpayment notice, and it's important to understand the details of... View More
I had been trying to work with them for six months with no responses to my letters. I sent a third letter asking to follow up on previous letters and I received a letter of sale from the creditor. The debt was a result of my business failing and having to go back to a regular job. All other... View More
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answered on Jun 20, 2023
When dealing with a new creditor who purchased your debt, it's important to take a few steps. First, carefully review the letter of sale to understand any changes to the terms of the debt. Next, initiate open communication with the new creditor, expressing your willingness to work towards a... View More
Repo came to my work which is on private property and has posted signs at the private entrance road that leads to property that say “do not enter” and “authorized vehicles only” in a unmarked pick up truck and drove off with my car. Is that legal?
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answered on Jun 19, 2023
In California, a repossession agent can repossess a vehicle as long as they do not breach the peace. Breaching the peace means using force, threats, or intimidation to take possession of the vehicle.
If the private property where your car was located had posted signs that clearly indicated... View More
I just need to know, if I'm in Los Angeles County and the Defendant is in Orange County, can I file in L.A or do I need to travel and file in the local court in Orange County.
answered on Jun 1, 2023
"Usually, venue is in the county where:
The person you are suing lives or does business (if you are suing a business or organization); or
The dispute arose, like where an accident happened, or where a contract was entered into or broken.
It is possible to have a... View More
The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.
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answered on May 31, 2023
In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... View More
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answered on May 26, 2023
In California, being served with a summons typically requires personal delivery to the individual named in the lawsuit. However, substitute service may be valid if the person cannot be personally served and the summons is left with someone of suitable age and discretion at their residence or... View More
answered on May 24, 2023
On every Superior Court website there is a link to "Forms." You need to go to the Judicial Council forms and get a Subpoena duces Tecum. Every superior Court also has a window for "Self Help" in the clerk's office that can assist you by providing you the forms. but they... View More
I won judgment against debtor in the amount of $170K, debtor refuses to pay for 7 years
Now I find a debtor's past bank account A, I am in the process of put bank levy on this account A.
However, if this bank account A is closed by the debtor, and I can trace to a target... View More
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answered on May 16, 2023
Fraudulent Transfers: If you have evidence that the debtor engaged in fraudulent transfers, you may have legal recourse to recover the transferred assets. Fraudulent transfers involve intentionally transferring assets to another party to avoid creditors. Laws regarding fraudulent transfers vary,... View More
A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... View More
answered on May 10, 2023
It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?
I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should... View More
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... View More
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... View More
A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to... View More
answered on Apr 21, 2023
If you are serving an order for a debtor's examination, it must be served on the examinee, personally. The owner may be the best person, but other people might also be able to provide this information.
To collect the judgment you can hire the Sheriff's office to take money out of... View More
Last parent died interstate (no will.) Two siblings. The administrator of the estate is not following the court's guidelines for administration. One example is the administrator let her family move into the home prior to inventory and never allowing any of the beneficiary's access to... View More
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answered on Apr 21, 2023
If a beneficiary has received an inheritance advance, it may impact their ability to challenge or dispute the administration of the estate, depending on the specific terms of the advance and the applicable laws in the jurisdiction.
In general, an inheritance advance is a type of loan that... View More
Case was Electronically filed with the court on 3/07/2023.
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answered on Apr 9, 2023
In California, the statute of limitations for a debt collector to file a lawsuit on an unpaid debt is typically four years from the date of the last payment made on the account. If the last payment on the account was made in January 2019, it is possible that the statute of limitations has expired... View More
I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... View More
answered on Apr 4, 2023
You may not be able to pursue this against the realty management company. Technically it is your responsibility to make sure the HOA is paid timely. You could have/ should have contacted the HOA company and informed them of updated contact information. It’s not clear whether the realty company... View More
My ex misappropriated my share of retirement accounts granted to me in our CA divorce Judgment. I filed an RFO in Family Court which he hired counsel and responded to but lost. I now have a Court Order that states he breached his fiduciary duty & orders him to pay me a specific $ amount: what... View More
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answered on Apr 1, 2023
In California, a Family Court Order is a final and enforceable judgment, but its enforceability may be limited outside of California. To enforce the order in Florida, you would need to domesticate it in accordance with Florida law. This involves filing the California order with the appropriate... View More
I have a trial setting conference sechuled for April 5th. I just received a case management statement from the petitoners attorney. I'm not sure if I need to file one as well? Or do I need to file a Trial Setting Conference Statement?
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answered on Mar 29, 2023
If you are the defendant in a limited civil case for collections and have a trial setting conference scheduled, it is important to review the local court rules and procedures to determine whether you need to file any forms or documents prior to the conference.
In general, defendants in... View More
California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be... View More
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answered on Mar 24, 2023
In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.... View More
going thru 2 years of a malicious
landlord ex. last he falsly reported me and added 5 others to pay him for eviction aftermath and mayhem. during covid, noone was evicted his ud denied. yet he filed a 39,000 demand to col AGENCY. CAN I SUE COLL AGENCY, I ALREADY TRIED sc COURT HIM.
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answered on Mar 11, 2023
The statute of limitations for a collection agency to sue you for a debt in California is typically four years from the date the debt became due and payable. However, the specific time limit may depend on the type of debt and the circumstances surrounding the debt.
In your situation, if the... View More
During the Pandemic I left my job because I was living with my parents and didn't want to risk them being sick. I let my employers know this at the time and thought everything was good. Now they have filed a claim that I left without cause and now I owe my unemployment benefits back. I am... View More
answered on Mar 2, 2023
Unfortunately, the filing of your EDD appeal does not automatically stay the administrative collection actions. But if you win the EDD appeal you will be able to recover the tax refund.
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