Get free answers to your Collections legal questions from lawyers in your area.
i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More 
answered on Jul 9, 2024
Thank you for your question!
If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you.... View More
Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.
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answered on Jun 26, 2024
Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.
In California, proper service of process typically requires:
1. Personal service on the defendant
2.... View More
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answered on Jun 25, 2024
In California, debt cannot be sent to collections without first notifying you of the amounts and dates. Creditors are required by law to provide you with a written notice that includes details about your debt before involving a collection agency. This ensures you are fully informed about the debt... View More
CA Family Law Court Order against X included paying attorney fees. Order was turned into a Judgment, now domesticated in another state. Can legal costs pursuing collection be included when the Form MC-012 is filed?
In other words, does statute below cover Family Law Court Orders that... View More
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answered on Jun 24, 2024
To answer this question, let's break it down step by step:
1. The original Family Law Court Order included attorney fees against X.
2. This order was turned into a Judgment.
3. The Judgment has been domesticated in another state.
4. The question is whether legal... View More
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answered on Jun 22, 2024
To address this situation, here are some steps you can consider:
1. Communicate with your attorney: First, try to have a clear discussion with your attorney about the settlement and payment. Ask for a detailed explanation of why the payment is being withheld.
2. Review your fee... View More
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answered on Jun 17, 2024
If your lawyer is claiming that they didn't represent you and accuses you of impersonation, you need to take immediate action to clarify the situation. Start by gathering any documentation or evidence you have that shows the lawyer-client relationship, such as emails, signed agreements, or... View More
for a long time- so, If I send a cease and desist letter, how do I do so without “acknowledging” the debt? I seriously think they are just fishing and I would know if there was a judgment. But, how do I find out if I have a judgement against me in another state? Call the county? And if they did... View More
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answered on Jun 7, 2024
Regarding your question about handling a debt that is past the statute of limitations in California and another state, here are a few points to consider:
1. Sending a cease and desist letter: You can send a letter requesting that the debt collector stop contacting you without acknowledging... View More
Collection agency in homestate collecting a debt from 2003/2004.
I have been living in a different state for 11 years w no contact until a letter today..
Is there a statute of limitations? Can they garnish my check if they find my employer?
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answered on Jun 6, 2024
In California, the statute of limitations for most types of debt, including credit card debt, personal loans, and medical bills, is four years from the date of default or last payment. This means that if you haven't made a payment or acknowledged the debt in writing for more than four years,... View More
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More
answered on Jun 3, 2024
I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.
I recommend it as a show of... View More
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More
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answered on Jun 3, 2024
In this situation, you should use the "Other" box in the PLD-C-010 form to explain that you have filed for Chapter 7 bankruptcy, rather than using the affirmative defense section. Here's what you can do:
1. In the PLD-C-010 form, check the box for "Other" under the... View More
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answered on May 28, 2024
Collecting on judgments can be a complex process that varies based on the specific circumstances.
In general, if someone has obtained a valid legal judgment against an Amazon seller, there are a few potential avenues an attorney might explore to attempt to collect, such as:
-... View More
answered on May 29, 2024
You do it the same way you collect a judgment from any other defendant. First you must win a judgment and than you execute on assets. However, in the case of Amazon vendors you might have an advantage. The advantage is that you know where the defendant's money comes from and where it is... View More
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
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
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
answered on Jun 2, 2024
Thank you for your question!
If the motion to quash is granted, the case gets dismissed. If a lawsuit gets dismissed twice, the Plaintiff cannot sue you about that claim anymore. You can file a motion to quash and answer together, or separately (motion to quash must be first).
I... View More
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
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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... View More
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
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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... View More
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
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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... View More
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
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... View More
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
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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
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
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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... View More
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