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California Collections Questions & Answers
2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

James L. Arrasmith
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answered on May 14, 2024

It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.

With the proof you have, such as the...
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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More

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1 Answer | Asked in Family Law, Collections and Child Support for California on
Q: If I have a judgement for child support arrears, can I have the judgement debtor's 401(k) levied?

In my divorce my husband was awarded the marital home, but was ordered to pay child & spousal support. I now have an arrears judgment against him for 6 figures. I am trying to collect on the judgement. He has a 401(k) and two homes, one being in CA where I have my judgement, and another which... View More

James L. Arrasmith
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answered on May 11, 2024

In California, a 401(k) account can be levied to satisfy a judgment for child support arrears. However, there are specific procedures that must be followed, and the process can be complex. Here are a few points to consider:

1. ERISA protection: Most 401(k) plans are protected by the...
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1 Answer | Asked in Consumer Law and Collections for California on
Q: What to do if a discovery request was received 30 days after they say they sent it?

I received a discovery request on a debt collection lawsuit on May 4, 2024 by an opposing Counsel, representing JPMorgan Chase Bank. The date on the discovery request is April 4, 2024 and the proof of service also states April 4, 2024 by mail though they have sent it with regular post (and not... View More

James L. Arrasmith
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answered on May 4, 2024

Given that you received the discovery request after the stated response deadline, you have a few options to address this situation:

1. Contact the opposing counsel: Reach out to the opposing counsel and explain that you received the discovery request on May 4, 2024, which is past the...
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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More

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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

The facts are very unclear to give you an answer:

Was the husband's (H) inter-spousal transfer before death or after the death of your mother?

Did the H's deed the property from your mother's name to himself or from himself to...
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1 Answer | Asked in Civil Litigation and Collections for California on
Q: Judgment Creditor omitted facts "allegation founded upon" from Affidavit for Order for Appearance and Exam of 3rd Person

I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More

James L. Arrasmith
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answered on Apr 26, 2024

In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.

According to...
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2 Answers | Asked in Small Claims, Civil Litigation, Collections and Public Benefits for California on
Q: Are there civil attorneys that deal with credit-card debt claims for disabled veterans?

My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More

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1 Answer | Asked in Appeals / Appellate Law and Collections for California on
Q: What initial steps should I take to begin the appeals process and dispute the debt?

In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More

James L. Arrasmith
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answered on Mar 30, 2024

Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More

1 Answer | Asked in Contracts and Collections for California on
Q: Will my timeshare go away after 7 years in collections? I can't afford to pay or settle
James L. Arrasmith
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answered on Mar 29, 2024

Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More

2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

Leon Bayer
Leon Bayer
answered on Mar 21, 2024

The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.

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2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

James L. Arrasmith
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answered on Mar 21, 2024

In California, if you hold a judgment for an unlawful detainer action, you indeed have up to 10 years to collect the debt. If Chase Bank is already attaching the defendant's wages, it means they have priority over any subsequent collections due to the timing of their actions. As you are second... View More

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3 Answers | Asked in Collections for California on
Q: Is there a statute of limitations for promissory notes and personal guarantees for California residents?

I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008

James L. Arrasmith
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answered on Mar 6, 2024

In California, the statute of limitations for promissory notes and personal guarantees depends on whether the note is written or oral.

1. Written promissory notes and guarantees:

The statute of limitations for written contracts, including promissory notes and personal guarantees, is...
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3 Answers | Asked in Collections for California on
Q: Is there a statute of limitations for promissory notes and personal guarantees for California residents?

I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008

Richard L. Grant
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Richard L. Grant
answered on Mar 6, 2024

Generally, Promissory Note with Personal Guarantee in writing has s Statute of limitations OF 4 YEARS FROM DATE OF Breach/Default of the Note. Usually, the Breach is the date when the note was defaulted, the date when a payment was not made or some term in the note was not performed.

Very...
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2 Answers | Asked in Collections for California on
Q: Dear attorney, would you tell me what form is for civil cases Request for Court Order and Answer? I only found SC-105.

SC-105 is for small claim. I want to add the sole owner of a LLC to the judgment as debtor.

James L. Arrasmith
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answered on Feb 24, 2024

In California, if you're looking to add a debtor to an existing judgment in a civil case, specifically aiming to include the sole owner of an LLC, you would not use form SC-105, as that form is indeed designated for small claims court. For civil cases, the process usually involves filing a... View More

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1 Answer | Asked in Collections and Banking for California on
Q: CA. Wife and father had joint acct. He passed, and the account got levied for debt he owed. Is this exempt, her acct now

California. Wife and her father had a joint account that they both deposited to and utilized. He passed last June, and we just received a notice of levy on the account. The bank is temporarily holding the money for 10 days. It is my understanding that after he passed, the account is now hers, and... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, your understanding is correct. Since the bank account was jointly held between your wife and her now deceased father, once he passed away the account became your wife's individual account by operation of law. Here are the key reasons why the account levy is invalid:

• Under...
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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

Leon Bayer
Leon Bayer
answered on Feb 18, 2024

It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More

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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

James L. Arrasmith
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answered on Feb 21, 2024

It's important for both creditors and debtors to understand their rights and obligations under California law. Debtors should be aware of the protections available to them, including the homestead exemption for their primary residence, while creditors should explore all legal avenues for... View More

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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

It applies to the principal dwelling. See California Civil Code §§ 704.710 through 704.850.

There are many tools and techniques to collect judgments, including real property lien, bank levies, charging orders, wage garnishment, etc.

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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

James L. Arrasmith
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answered on Feb 21, 2024

First, review the Notice of Trustee's Sale carefully to understand the timeline and process involved in the sale of the property. Determine the date of the sale and any deadlines for action.

Next, assess your options for recouping the loss of $20,000 in unpaid building materials....
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