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California Collections Questions & Answers
1 Answer | Asked in Collections for California on
Q: Can a Credit One bank call my work twice & tell 2 different random people that they are going to serve me with papers

Also told then if I am not at work they will speak with a judge? I currently have Covid & am not at work. I work in a medical facility & numerous people answer phones there. I live in California. My current debt with them is roughly 1200.00

Joel Gary Selik
Joel Gary Selik
answered on Jan 26, 2023

No they may not. Consult with an experienced Collection Defense Attorney.

1 Answer | Asked in Collections for California on
Q: If a judgment isn't renewed PROPERLY, does it expire? A judgment was entered by the court on 6/28/12.

A Notice of Renewal of Judgment was filed in court on 6/6/22

The case summary shows on 10/28/22, "Notice of Case Reassignment and Order for Plaintiff to Give Notice" filed by clerk.

The Notice of Renewal of Judgment was finally served on judgment creditor on 1/12/23.... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Jan 20, 2023

To be timely, the Application for Renewal must be filed within 10 years of the judgment entry date. The date of service of the Application or Notice of Renewal does not change that. When the Application is filed, the judgment is automatically renewed. It is just that it cannot be enforced until 30... Read more »

1 Answer | Asked in Collections, Contracts and Construction Law for California on
Q: Can a home contractor cancel without notice, demand payment in three days, then send to collections during negotiations?

A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... Read more »

2 Answers | Asked in Criminal Law and Collections for California on
Q: I bought a car paid in full with personal check. Friend was to pay me back but no payments made. How can I retrieve car.

I moved from San Diego, CA to Odessa, Tx. After a year or so I made return trip to San Diego CA. I spoke to party I had made verbal agreement to make payments to pay me for car. I informed party I wanted car back for none payment. The party refused I would like my property returned. And take... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2022

you need to contact a local lawyer for assistance.

if you didn't have a written agreement it might be more difficult.

consider small claims to collect up to $10k..............but after a judgment, you will have to collect.

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1 Answer | Asked in Civil Litigation and Collections for California on
Q: I haven't been in Washington state for over five years. Can I be served via mail or publication in that state?
Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

Yes. If they satisfy the court you cannot be found, the court can order service via publication.

1 Answer | Asked in Collections for California on
Q: I was served & papers were dumped on my front door with info showing. Is this a legal way to be served?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Were you standing in the doorway refusing to take the papers when they were "dumped on your front door"? Don't answer here, but speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Collections for California on
Q: How to get the title of an abandoned vehicle that has been charged off long ago. Owner is presumed dead or missing.

A Vehicle has been sitting on my property for 5 years or so. Checked the vin, it says it has a lien on title that was sold to a debt collector and then was eventually completely charged off. Owner went missing also around five years ago. Presumed dead. No way to make contact obviously. I would... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

More information is needed regarding, among other things, why you believe you have a right to the vehicle. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... Read more »

2 Answers | Asked in Collections for California on
Q: Is it there's statute of limitations in serving a notice of renewal to a defendant.

I'm in California and my creditor renewed a judgment but didn't give me notice or send the notice to wrong address which didn't belong to me .

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 29, 2022

Sending you notice doesn't impact a statute of limitation.

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2 Answers | Asked in Consumer Law, Small Claims, Personal Injury and Collections for California on
Q: How can I retrieve $2,000 I loaned to a former friend, last year in June? I’m in Los Angeles and she moved to Colorado.
Dale S. Gribow
Dale S. Gribow
answered on Oct 23, 2022

send the former friend a Demand Letter setting forth the facts and noting you have requested the money many times.

Hopefully, there is something in writing.

in any event, close with "Payment must be made within 10 days or you will pursue any and all Civil and or Criminal...
Read more »

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1 Answer | Asked in Collections for California on
Q: Looking for a collection attorney who can collect in California based on Judgment, contingency base is 50% of collected

Looking for a collection attorney who can collect in California based on Judgment, contingency base is 50% of collected amount

I have a collection case against an individual based on Judgment

So far the amount for collection is $4768, and attorney can take 50% of the amount... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2022

Feel free to email me the judgment and what is known about debtor.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or be forever barred from relief. I am not your attorney and will not be your attorney until I decide to take the...
Read more »

1 Answer | Asked in Bankruptcy and Collections for California on
Q: Can I sue for the loss of my belongings ? Car was repossessed and all my belongings were taken and lost after recovery
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 14, 2022

Likely, yes. Repossession of vehicles is regulated under California law. They cannot just take your property or destroy it.

2 Answers | Asked in Consumer Law, Civil Litigation, Civil Rights and Collections for California on
Q: Is the towing bill (impounded vehicle) not protected by FDCPA in CA?

My car was donated in 2019. I submitted NRL online.

In Feb 2022, a towing company sent me a bill regarding my car got abandoned and I need to pay them to claim the car. The ownership was never transferred. The notice didn't tell what other thing (e.g. dispute, show proof of NRL) that I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Oct 9, 2022

Can you sue for fdcpa? Possibly. Keep in mind the statutory damages are fairly small. This is not a do it yourself matter and you should hire a consumer attorney. Fdcpa allows for attorney fees so most attorneys take such cases on contingency. There may also be fcra violations. All documents would... Read more »

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3 Answers | Asked in Consumer Law and Collections for California on
Q: Is this a scam?

I was emailed by a supposed debt collector threatening to sue me. The mail contains no physical address, who the parent company is through the main company. Lists several companies. Threatens to garnish my wages and freeze my bank. Also, threatens to contact employer. They have several misspelling... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 5, 2022

There are certain magic words and warnings they must give. I am not familiar with those words/warnings. SOUNDS like not necessarily a scam but, still unlawful debt collection? I'd seek an attorney who handles unfair debt collection and I'd be VERY wary of giving them a nickel as that... Read more »

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1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Collections and Small Claims for California on
Q: Hi I am being sued by Capital one, in 2020 during the pandemic my wages were reduced, and I fell behind. Can you help?

I was up to date with payments with them until I just couldn't even afford the minimum payment. I was barely able to pay my rent. I work in the restaurant industry, and it was hit hard. I did try to work out something with them but what they wanted I still couldn't afford. I stopped... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

The restaurant industry was hurt terribly, (and unnecessarily in my opinion), by government regulations and forced closures.

I suggest you visit a bankruptcy lawyer immediately, for a consultation. Most of us BK lawyers do not charge you for a consultation. I can't say at this point...
Read more »

1 Answer | Asked in Collections for California on
Q: What is the process to domesticate a debt as a John Doe ? I was sued as a John Doe and won.

Since there was no case I won attorney fees and was still a John Doe. The Judgement debtor refuses to pay so I need to domesticate in a different state, but that seems difficult to do as a John Doe.

Edit- Update : 8-23-22

I received information from an attorney in Wisconsin that I... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Aug 19, 2022

There is no reason that it would be any different as a Doe; simply go forward with domestication and collection.

3 Answers | Asked in Bankruptcy, Contracts and Collections for California on
Q: My brother defaulted in response to my lawsuit and now is trying to settle or claim bankruptcy can he do this to me

I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Aug 18, 2022

Yes he can do this.

If he files bankruptcy you might lose all the money.

But, people often claim they will file bankruptcy to negotiate a debt, but actually will not file bankruptcy or do not even qualify for bankruptcy.

Contact an experienced debt collection attorney who...
Read more »

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1 Answer | Asked in Collections for California on
Q: Is it proper to file Motion for judgment on the pleading

On a fraudulent transfer case

1. Defendant first filed demurrer, the demurrer is completely overruled by Judge, the overruling affirms all claims against the defendant.

2. Defendant then filed answer.

The answer consists either what she stated in demurrer or what are known... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jul 15, 2022

The standards for a demurrer are not the same for MSJ or MJOP.

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