Get free answers to your Collections legal questions from lawyers in your area.
I was served a lawsuit by Patenaude & Felix, A.P.C., regarding a debt owed to Synchrony Bank amounting to $2,927.65. On May 9, I attempted to dispute the charges with Synchrony Bank and sent a letter requesting validation and documentation, but I have not received a response. Synchrony Bank has... View More 
answered on May 15, 2025
Put up your best defense, including and counter-suit. Then, if the debt is valid, show what has been paid and negotiate a settlement.
Note, You must respond in the legal way and on time with, for example a motion or an answer with affirmative defenses. Failure to do so could result in a... View More
I received a collections summons on April 24, 2025, from Chatsworth Court House instead of my local court in Van Nuys, both within Los Angeles. The summons lacks a checked box in the "Notice to the Person Served" section. I have not responded or disputed the claims, but have received... View More
answered on Apr 28, 2025
It would not be a motion to quash, but a motion to change venue. Make certain your research shows that they are required to sue in that venue.
Contacting the adverse attorney with a request to move courts should first be attempted.
Note, you must respond in time or they may get a... View More
I am a victim of identity theft; someone took out a loan in my name with Net Pay Advance. The fraud department of Net Pay Advance is asking for my Social Security number and driver's license number, but I'm concerned about the misuse of this information. While I have placed fraud alerts... View More
answered on Apr 16, 2025
I would contact one of us Justia consumer protection attorneys that assist consumers with identity theft. You'll want to file a police report and an FTC Fraud Affidavit.
Make sure that any dispute that you have made to Net Pay Advance is in writing and save any correspondence that you... View More
How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More
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answered on Apr 16, 2025
When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More
answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
I received a letter from Mandarich Law Group attempting to collect on a credit card debt from 2012. They claim the last payment was in June 2019. I incurred the debt in California and haven't communicated with them or made any payments since then. This is the first correspondence I've... View More
answered on Mar 3, 2025
These facts indicate a debt that is noncollectable by lawsuit due to the passing of the statute of limitations.
Once should confirm with an experienced debt collection defense attorney as time limits can be complicated. You can also find out if the debt collector violated the law and if... View More
I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More
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answered on Jan 16, 2025
The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More
answered on Nov 5, 2024
What you can do is what you already should have done before the lien expired - you can file a lawsuit, and if you win you can have a judicial lien imposed, and then get a writ of execution to foreclose the lien.
Your lingering problems are two: you have a tendency to sit on your hands, and... View More
I 100% supported everything financially and have endured debt on it and still to this day pay it
We are not together anymore and the plan was if she wins debt is owed back to me
That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More
answered on Nov 2, 2024
Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More
I have been going through cancer treatments and have been on long term disability. The insurance co. made a mistake and are now wanting me to pay back $13800.00 + dollars and have threatened me with collections. Can they ding my credit when we did not enter into a credit agreement with them?
answered on Aug 9, 2024
Insurance companies can pursue overpayments. One option might be to discuss with your state's Department of Insurance in terms of your consumer protections and options, based on amount, nature, and timeline of overpayment. Good luck
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
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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
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
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