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California Collections Questions & Answers
2 Answers | Asked in Consumer Law and Collections for California on
Q: Can a car dealership report a collection on your credit if is not your loan?

My fiance took out a car loan and when we went to pick up the truck, after already trading in our other vehicle, they changed the terms and asked for an additional $4k. I wrote a check from my personal checking account for the additional monies, but when we reviewed the paperwork, it was not in the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 24, 2021

if you are asking whether a debt that is not yours can be reported on your credit, the answer is no.... but given the facts you listed it sounds a bit more complicated and you will need to call and speak to a lawyer to better evaluate your situation.

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1 Answer | Asked in Contracts, Civil Litigation and Collections for California on
Q: In relationship over 10 years during over time I've accumulated his debt of over $18,000 he promised to repay and share

a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 13, 2021

Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Collections and Small Claims for California on
Q: My daughter lost her job, got a "Demand Letter for Damages" from an office in SD and she needs to know how to respond.

This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.

It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 12, 2021

You need to speak with civil attorney. This is not yet a criminal case.

Good luck!

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1 Answer | Asked in Collections for California on
Q: I keep getting emails from debt collection agency saying I'm blacklisted and will get arrested today for a payday loan.

They want me to pay only by one vanilla prepaid card and I don't have this debt and I even checked my credit report and my bank too

Matthew Williams
Matthew Williams answered on Mar 10, 2021

That's a scam. First, you cannot be arrested by a collection agency. Second, legitimate debtors don't want to be paid with prepaid cards. Third, it is illegal to threaten to arrest someone in connection with a debt collection effort.

1 Answer | Asked in Collections for California on
Q: I keep getting emails from Debt Collection Agency saying I'm blacklisted and will get arrested today.

I don't have any debt from this collection and they want me to pay only by one vanilla prepaid card. I also checked my credit report and my bank and no record of this debt

Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

please contact a lawyer today and save all the documents you have received. these are violations of law and you will be entitled to damages.

4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: I sued by credit card company
Octavio Velarde
Octavio Velarde answered on Feb 11, 2021

You should file an Answer. Otherwise, they'll get a default against you. That should buy you time to figure out next steps, including filing for bankruptcy. Once you file for bankruptcy, you'll get an automatic stay on collection efforts. You can then get the case dismissed because... Read more »

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1 Answer | Asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California on
Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.

Kenneth Sisco
Kenneth Sisco answered on Dec 29, 2020

There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your... Read more »

1 Answer | Asked in Collections and Traffic Tickets for California on
Q: I have traffic tickets that are over seven years old ... that have just gone to collections . They are not on my driving

Record at this point. If I pay them do they go on my driving record? How can they collect after all these years?

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

They go on your record based on the dates of the citation not the date you paid them. Make arrangements with the collections office at the court.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Contracts, Consumer Law, Criminal Law and Collections for California on
Q: What are the possible repercussions of selling a car before its played off and not telling the bank or the lien holder

She kept 0ayi g payments but now the police are. Asking questions is she in slot of trouble

David Michael Lehr
David Michael Lehr answered on Dec 22, 2020

It is fraud, likely felony theft, and possibly perjury. Talk to an attorney fast. Pay the rest of the loan off immediately if possible.

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California on
Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

4 Answers | Asked in Bankruptcy and Collections for California on
Q: hi, over 20 years ago i filed for chapter 7. i also had a credit card debt for around 1000 usd with a german bank

but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?

what if anything... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 25, 2020

inform them of the bankruptcy and provide them with your bankruptcy information. they are passed the california statute of limitations to collect against you as well.

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1 Answer | Asked in Collections for California on
Q: I paid $59 to have a phone call with an attorney. But it never happened and I never got a refund.
Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

Small claims is a good option for you.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Rights and Collections for California on
Q: I put a donation box on a table in a First Amendment Protest in San Francisco. Is it illegal?

I organized this Protest at Embarcadero Park in San Francisco last year. I had the event permit and insurance cover. I put a donation box on a table with a note state that the donation is used to cover the expense for the Protest (Permit fee and insurance fee). Now, an hostile organization accused... Read more »

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

My advice is to just ignore them. Don't engage with them, just ignore them. So what if you asked for donations to help defray your expenses. Just don't waste your time with those people. There is only one exception to this advice, and that is if the complaining party is a public agency... Read more »

2 Answers | Asked in Collections for California on
Q: My Ex-Company Owes Money On Utilities But The Company Account Was Created Under My Name

Hi, I am in California, I no longer am employed at this company since July, they owe water service bill and never paid after I left, but the company/business water service account was created under my name. I was informed there was mail from the debt collector against my company but also with my... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 29, 2020

If your name is on the account, then the water service vendor has every right to proceed after you to collect its money. You need to force the former employer to take your name off the account, and to pay any money that is owed on that account. Sounds like a good small claims action to me.... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Collections and White Collar Crime for California on
Q: How many days should elapse would be considered abandonement of claim for filing motion for attorney fees and costs?

This pertains to a plaintiff with no legal standing represented by an aiding and abetting attorney.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

Now you are mixing sausage and vanilla ice cream. Attorneys don't "aid and abet" that is language for Criminals. The answer is the same, check the rules of court and the Code of Civil Procedure.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Real Estate Law, Civil Litigation and Collections for California on
Q: How many days for filing motion for attorney fees would be considered abandonement of claim?
Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed... Read more »

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1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in Estate Planning and Collections for California on
Q: Adding my name to our home title by doing a QuitClaim Deed documentation and filing it to the County

If I have creditors after me - will they now go after our home? (California property)

James Edward Berge
James Edward Berge answered on Sep 28, 2020

Yes, if you have any property, your creditors may have a claim against it. Tread carefully before adding your name to any asset when you have creditor claims against you. Consult with an estate planning attorney.

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1 Answer | Asked in Real Estate Law and Collections for California on
Q: I'm being asked to give acknowledgement of satisfaction form by escrow firm before getting paid on my lien against condo

Escrow firm says I need to give them acknowledgement of satisfaction form before they pay me on my lien. Doesn't make sense to me to give them a form saying I got paid when I haven't. The person who owes me the money has sent me a check that would satisfy the lien but the escrow firm... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Pretty standard for an Escrow Company to get documents signed before the deal closes. If you really feel uncomfortable, tell them you want a face to face exchange of your signature for their check. The problem is that the money may not be in the Escrow account until it closes, not now.... Read more »

1 Answer | Asked in Estate Planning, Collections and Public Benefits for California on
Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?

I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »

Sally Bergman
Sally Bergman answered on Sep 14, 2020

This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »

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