LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous... Read more »
Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you... Read more »
ASK THIS QUESTION OF THE LAWYER WHO REPRESENTED YOU AND WHO HAS ALL THE FACTS IN FRONT OF HIM/HER
The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I also... Read more »
On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I can't... Read more »
He can "Try" all day long. However, due to the BK and most likely the Statute of Limitations on collecting original debt, he has no legal standing to collect via judicial proceedings.
Send him a "writing," instructing him not to contact you again, and he must stop, by law.
We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... Read more »
more info needed.
your missive is confusing.
the person to ask re the other side paying your legal fees would be your lawyer who has all of the info in front of him/her.
my children's mother has a new child with the relative of a judge believed to be in the family law division.
Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.
If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might... Read more »
I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.
Am I better off trying to sell off my judgement
Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.
It is impossible for anyone... Read more »
I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.
I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... Read more »
You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.
A collection agency can essentially ask you nicely for the money at any time. However, if the debt is past the statute of limitations (i.e. you haven't made payments for over four years), then they cannot make any misleading statements. This would include threats to sue you for the past due... Read more »
I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »
It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... Read more »
I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .
Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... Read more »
Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided
In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.
The notices were going to a location where I do not live (went to my ex-partner's parents house), and I just got my hands on the notices that say we owe thousands. This LLC was only active for a few years, as a production-company shooting a series, and unfortunately, the entity wasn't cancelled in... Read more »
It is quite possible that you will be insulated from personal liability for the tax obligations of the LLC.
If you would like to discuss this in detail, please call my office to schedule a free initial consultation.
Distribution is a single payment after refi
Which question do you want us to answer?
I am a Doctor in SF, CA.
I have a granted a lien to a patient and her attorney 3 years ago.
The attorney and client stopped communication with me recently for no reason.
Can I send this account to collections even though they have a lien?
If so can I charge interest... Read more »
You are entitled to reasonable updates on the status of the claim. If you aren't getting that, file suit against the attorney and client for breach of contract. You are entitled to pre-judgment interest in a lawsuit. As far as a collection matter, before lawsuit, you would be limited to whatever... Read more »
Early 2018 they were overcharging our acct & said they have a right to change rates anytime! ATT then offered another plan which was really similar to what we had with the original rates. They said there would be readjustments & credits initially sent & it would balance out. I re- verified our... Read more »
You have an obligation to pay for services rendered whether ATT&T mailed you a bill or not. You obviously knew that you received the services and that payments was due. You could have contacted the billing dept. at any time. Whether you are responsible for late fees or can reach some agreement... Read more »
how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??
Hello,
Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!
Respectfully,
Vernon C. Tucker, Esq.
Member California Bar
A few years ago we made the mistake to buy a time share in Mexico that we paid in full; a few months later tried to cancel the contract but the company never accepted to get our money back or cancel the contract. Every year they try to get money from us because we supposed to pay maintenance fees.... Read more »
Yes, Mexican timeshare companies can sue you in the US. However, I am wondering whether you purchased your timeshare from a Mexican timeshare company--or (more likely) from an American timeshare company that sells timeshares in a timeshare property they own down in Mexico. But it really doesn't... Read more »
Since it is a joint debt, can we exclude it from the BK and continue making payments on it?
We want to keep her strong credit completely clean.
Is there any reason to close the joint account?
Take her off all accounts if you want to keep her credit strong.
Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »
You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »
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