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California Collections Questions & Answers
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.

1 Answer | Asked in Contracts, Business Law and Collections for California on
Q: A freelance client owes money and won't pay. Can I use equipment I have from their company as collateral?

I performed hourly consulting for a small company. They were developing a drone and paying weekly through upwork. The scope of the project exploded from something simple to developing the whole drone. The initial timeline was three weeks start to finish. Initially my role was limited and clear. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2022

You cannot keep property that belongs to them that they provided to you and which is not your work. If they own the drone, you must return it.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I won a judgment in small claims court several years ago but the other party will not pay

I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2022

The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »

4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 7, 2022

It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »

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1 Answer | Asked in Collections for California on
Q: money judgment awarded in 2012 expires in oct an abstract never recorded do I need to record in order to renew
Joel Gary Selik
Joel Gary Selik
answered on May 24, 2022

If in California or Nevada, then no, an abstract is not required to renew.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: If it says "Invalid Proof of Service" on the court website, can I ignore the lawsuit? 3rd party debt collector suing me.

.

Yelena Gurevich
Yelena Gurevich
answered on Apr 26, 2022

What happens when they file another proof of service (whether or not you actually received proper service) and the court accepts it as valid service, and they obtain a default judgment against you, and start garnishing your bank accounts or pay checks?

Ignoring a lawsuit against you is...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for California on
Q: Hello. I wanted to know if I have a case or a changing of winning a case?

So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2022

Consider small claims court where you may represent yourself.

2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2022

If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »

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1 Answer | Asked in Contracts, Collections and Probate for California on
Q: If only one of the defendants responded to a lawsuit, can plaintiff asks for a default judgement on the other defendant?

I sued a couple of persons, only one responded to the complaint.

Yelena Gurevich
Yelena Gurevich
answered on Apr 6, 2022

Yes if service was proper and sufficient time has passed.

6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 5, 2022

There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »

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1 Answer | Asked in Collections and Consumer Law for California on
Q: Do "open book" and "account stated" contradict one another? Creditor selected both on cause of action.

Also, if I ask for a Bill of Particulars for the open book, then what happens to the "account stated" action? Does the Bill of Particulars need to be filed with the courts or just sent directly to the plaintiff?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

Plaintiffs are entitled to plead alternative and even conflicting causes of action, so it wouldn't matter legally if "account stated" and "open book account" contradict one another. A demand for bill of particulars is not permitted on an account stated cause of action (but... Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: If a creditor sells your debt to a collection agency, are they legally able to still accept payment on the debt?

(I have a debt in collections, however my apartment complex is getting paid through the state to take care of the debt so I am not sure how that works). The apartment complex already filled out the information to receive the money.

Joel Gary Selik
Joel Gary Selik
answered on Apr 4, 2022

If they know longer on the debt, they cannot collect money on the debt.

1 Answer | Asked in Civil Rights, Real Estate Law and Collections for California on
Q: What is the deadline to appeal a no show civil judgement. Told 6 moths. July 2: 2021. If can’t find attorney what form

Mess with hiring ATT.in Feb did not show for DJ. Plaintiff new i hired atty they t hearing July 2021 I did ca. I did not hear 1day ojust meet confir 90 days. I am disabled live bed can’t sit. Everyday same. I sent email, on 7/2 said any day 1 to 5. No response . 7/6 at 1 sent email from vet,... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Mar 28, 2022

to appeal is 60 days.

to file motion to vacate: California Code, Code of Civil Procedure - CCP § 663a- "Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 , or service upon him or her by any party of written notice...
Read more »

1 Answer | Asked in Collections and Small Claims for California on
Q: Did I get served legally

I just recently picked up mail from my boyfriends grandma from time to time I still get mail there since I used to live there. I honestly don’t go there after usually just Christmas and thanksgiving and a random couple times a year. Well I haven’t been there since Christmas 2021. Apparently... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Mar 24, 2022

What is called "Substitute Service" in CA is legal. Basically it says that if a process server goes to your home or your work in an effort to serve you personally but is not successful, after at least 2 attempts, they can give it to a "substitute" (person must be at least 18... Read more »

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