California Collections Questions & Answers
Q: If a $50,000 bond is disbursed thru numerous claimants in a case?
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
Q: Can a time share company from Mexico can sue me in the US for not paying maintenance fees?
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 »
Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?
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.
Q: Should I respond to a civil lawsuit or just wait for my hearing.
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 »
Q: Should I file a response to a Civil Lawsuit
Me and my wife were served a summons for a unlimited civil case in California. This is for an outstanding hospital bill from October 2013. The insurance company issued a payment to my wife but only for a partial amount because she was taken to an out of network hospital. We signed over this check... Read more »
It sounds like you need to file an answer. You only have thirty days after being served to do so. You may have a defense based on the statute of limitations. You may also have a claim against the collection agency. You may be able to get a free consultation. Go to the National Association for... Read more »
Q: WHAT IS A FEDERAL LIEN WITH DETENTION ? HOW DOES IT WORK? ON A AIRPLANE PRIVATELY OWNED
It means the owner of the aircraft cannot fly it without specific pre-approval from the FAA.
Q: My husband passed in 09 and I just found the paperwork for his flight school he paid $30Th. But had only started
We paid the $30thousand in full, when I sent letters to all our contacts regarding his death. They never contacted me nor did I even remember about it. It wasn’t until my daughter found the paperwork on it in the garage and asked me if I received a partial refund from the helicopter school. I am... Read more »
answers.justia.com/question/2019/03/19/my-husband-passed-away-in-2009-and-he-ha-497746
Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?
This was filed in Orange County, ca. I am located in Multnomah County, OR. All documents were signed by me in OR. I am simply trying to avoid have a default judgement against me as the immediate step.
If you received a Request for Entry of Default you are in a tough position.
This means service has been effectuated upon you and your responsive pleading was already due by now.
The defendant has now requested a default to be entered against you and this will happen unless you... Read more »
Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?
Can I just keep car until they pay me?
Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?
Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?
Received summons, I responded with affirmative defenses, filed and served with the court. Had the response served I don't hear nothing until the other day when I receive a request for Default. What should my next step be? Dismissal?
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by... Read more »
Q: Will I be arrested at the airport if I fly into the country from abroad and I have a bench warrant against me?
Probably not. Bench warrants for failure to appear in civil matters are low on the Sheriff's priority list. Bench warrants for criminal matters are higher on the list. You don't say why you have a bench warrant outstanding so more information is needed to give you useful advice.
Q: Is there a statute of limitations for a private christian elementary school to collect on past tuition owed?
Yes. Assuming you have a written invoice and that it was due in 30 days from receipt. it is classified as a written contract. You must have filed a court action within 4 years from the date the tuition was sue. When in doubt, give a few days extra. If a payment for less than the amount due was... Read more »
Q: Am I responsible for >$15,000 vet bill when my dog bit another dog?
The dog I recently adopted attacked a smaller dog while on a walk in public and the owners are making me pay >$15,000 in vet bills and threatened to sue if I didn't. I don't have any money and my renter's insurance doesn't cover dog attacks. Am I fully responsible for paying this much if the owners... Read more »
Your are liable if you were negligent in failing to control your dog. You don't describe how the attack happened, which dog was the aggressor, etc., but it sounds like it was your dog, which will probably make you at fault. You can be sued for the >$15k, but that would require an attorney who... Read more »
Q: What options does one have for debt and credit relief before bankruptcy? Or is it an option worth pursuing?
too much debt, not enough income, poor credit, no real assets
You can negotiate with your creditors for reductions in principal and payments with the threat of bankruptcy if they don't agree. Otherwise, it's looking like bankruptcy.
Q: Debt collector sues in the name of a deceased spouse, not living spouse & debt was incurred before marriage.
1. Commonwealth Financial Systems is trying to collect for an ambulance bill incurred by my late husband in March 2015.
2. My husband and I were married in June 2015, after service occurred.
3. My husband passed away in 2017.
4. I have verification of a $500.00 amount... Read more »
Paying $500 is not necessarily the same as paying the entire billing. Your husband's estate would be liable for his debts, if any. It's unclear whether your husband's premarital estate holds or held any assets. If you are served on behalf of your husband, send the Plaintiff's attorneys a copy of... Read more »
Q: Can a company thats not listed as the lienholder with DMV repo my car from my private garage?
The car dealership put the wrong name down on the DMV paperwork and a bunch of other shady things. Now the company that NOT listed as the lien holder repossed my car from my garage. The reason I couldn't deal with this is because I'm experiencing domestic violence issues and was not getting the... Read more »
You may sue for wrongful repossession of the car. Likely will not get the car back.
Q: Trying to collect on a judgement on a business that dissolved after my judgement. What do I do
The company I won my judgement against change the name of the business and started running the business under this new name on 5/17/2017 5 days before our first court date which they never showed up for all three times. The company did a article of dissolution a month after my judgment was entered... Read more »
If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.
However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an... Read more »
Q: Is a California payday loan lender allowed to directly post a collection to my credit file?
Yes, Small Businesses can report delinquent accounts directly to credit bureaus, if they are members of the service and have paid the fees.
Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?
Could you please give me a phone number so I can ask a question about how much I should expect in a drug manufacturer settlement. I’m thinking possibly I could contact public records at the CA state bar and hopefully they can find a similar scenario I can at least have an estimate.
I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any facts for me to... Read more »
Q: Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default /Vaca
This was an acct paid in full as due each month. Pymts were then refused w/o cause, followed by filing suit for non-pymt. Last known this case was on calendar the end of this month until just learned online a *Default Judgment was entered in May*. No notices were received by plaintiff or court on... Read more »
I can't give a definite answer due to the uncertain facts. I sounds like the defendant did not properly file his Request for Default, and if so that document has no effect. To be sure of the status of your case, I would call the Court Clerk of the Courthouse where this matter is pending, and ask... Read more »
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