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2 Answers | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I am a Creditor seeking foreclosure on a Los Angeles condo by a man who Fraudulently Transferred equity to his brother.

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

Delaram Keshvarian
Delaram Keshvarian
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...
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0 Answers | Asked in Constitutional Law and Collections for Minnesota on
Q: I have a 9 yr old civil judgment for 1,500$ and debt co agreed to withdraw it and then they sold it should I reach new

Out to the collection co that has it now? I am 77 and didn’t know that they didn’t remove it and went to file papers to remove it myself and that’s when I found out they had sold it

0 Answers | Asked in Consumer Law and Collections for Mississippi on
Q: is there a law in Mississippi that stops creditors from collecting a debt of a spouse from the other spouse?

The debt was only signed for by one spouse and is of no benefit whatsoever to the other spouse or their family

1 Answer | Asked in Collections for California on
Q: Do I need to file receipts when I submit Form CA Judgment MC-12 form or simply list the expenses?

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?

James L. Arrasmith
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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

0 Answers | Asked in Collections for Pennsylvania on
Q: Should I get a Lawyer, I was not sent a court date, but I don't know what to do.

I took out a loan in 2017 with Lending Tree. My fiance at the time said he would help with the repayments. The Loan was only in my name. I paid on the loan for a year and I could not keep up on the payments and my household bills, I still had my youngest at home. A new company has purchased the... View More

1 Answer | Asked in Contracts, Workers' Compensation, Business Law and Collections for California on
Q: State Fund claims that we have misclassified our "Clerks" and suing us to pay for additional premiums.

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey on
Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More

James L. Arrasmith
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answered on Jul 18, 2024

When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.... View More

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: If your sentence expires can tN hold you to a fine

Does fine collection expire

Anthony M. Avery
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answered on Jul 12, 2024

Yes, Court can maintain jurisdiction and incarcerate you. DOS can suspend TNDL.

0 Answers | Asked in Collections for Georgia on
Q: Question below:

We moved out of an apartment last year due to my son being diagnosed with a medical condition. Due to this medical condition, we had to move back to our home state for treatment through his Indian nation, due to said disability and insurance cost in the past state. (Indian nation covers all medical... View More

1 Answer | Asked in Bankruptcy, Collections and Estate Planning for Texas on
Q: Can a legacy trust clear all my past debt and collections and what’s a step by step transfer ? It’s called legacy trust
James L. Arrasmith
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answered on Jul 18, 2024

A legacy trust, while a useful estate planning tool, does not inherently clear past debts and collections. The primary purpose of a legacy trust is to manage and distribute your assets according to your wishes, often providing for beneficiaries and potentially offering some protection from future... View More

0 Answers | Asked in Car Accidents and Collections for Mississippi on
Q: Was my vehicle towed illegally and if so can I get it back without paying anything?

I left my truck in my friend's care while I was on vacation and she lent it out without informing me and the person she lent it to pulled over on the side of the road for some mechanical issue and pushed it off the road into a shallow ditch. He waited around for hours for another ride and got... View More

0 Answers | Asked in Collections for Arizona on
Q: Can I get some guidance on collecting a judgement I won recently for $5000+ in Maricopa county in Arizona?

Any forms I can use and other information would be appreciated! I am collecting from a small moving company that overcharged me.

1 Answer | Asked in Consumer Law and Collections for California on
Q: On 2/14/2019 a default & default judgement was entered in a California Superior Court, 3/16/24 garnishment was approved.

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

James L. Arrasmith
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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...
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0 Answers | Asked in Collections and Small Claims for Virginia on
Q: How can a lender proceed to collect collateral on a breached personal loan of 16k in the state of Virginia?

the loan was notarized for 16k to be paid in full in 6 mos. they paid 8k

they are now 210 days late paying the other half.

they provided a bad check for repayment.

made multiple promises to pay and failed to follow through.

lender is in MD borrower is in VA and sold their home/collateral.

1 Answer | Asked in Collections for California on
Q: Hi, I friend who owes me 22,000 borrowed in Jan. 2024 & to have been paid back in April 2024 in writing. He had agreed

To start making payments to me but has flaked out for 4 months now. CanI sue him & get a judgement in my favor

James L. Arrasmith
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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

1 Answer | Asked in Collections for California on
Q: Do I need to include receipts when I file a Judgment Memorandum of Costs in California? Form MC-012?

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

James L. Arrasmith
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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

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Collections for Florida on
Q: Can FL Judgment creditor collect from the debtor's estate? Are their actions to take now to collect when debtor dies?

Creditor has substantial Judgment which is unpaid when debtor dies.

If all or some portion of debt is still unpaid when debtor dies, are there legal steps available to creditor while debtor is alive to ensure they can collect the debt from debtor's estate?

Judgment debt is in Florida.

1 Answer | Asked in Collections for California on
Q: my brother died recently. He had no will and left about $1-2,000. in bank. i am sole surivor . creditors want $

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

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How does Judgment Creditor place a lien on FL real estate property owned by Debtor? Property is not homestead.

Judgment Lien Certificate is filed with the state and county that the real estate property is located in.

Do I need to also file a lien on the specific real estate property owned by the debtor to secure my creditor interest in this property?

If so, how does one do that online?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2024

In many, if not all counties, the judgment is recorded by the clerk of court and thus becomes a lien. Check with the clerk in your county to see what else, if anything, you should do.

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