Get free answers to your Collections legal questions from lawyers in your area.
I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... View More
My mother was sued by a debt collector in California and had a lien placed on her home. There was no notification and was never served to appear in court. Apparently, the court sent my mother a notification after the fact that she had a judgment filed against her and now has a lien against her... View More
answered on Dec 27, 2021
Review the court file and do a motion to set aside judgment.
There are strict time deadlines so that you must file your take action or be forever barred from relief.
I was awarded $13,000 for non disclosure of assets from my ex. He sent a $100 check. The judge did not mention how he was to pay. He has several successful companies and can afford the lump some.
answered on Dec 24, 2021
Unless a judge orders otherwise, you do not have accept a payment plan.
answered on Dec 23, 2021
Use a find a lawyer feature and look for cole room attorneys.
My employer just emailed me today notifying me about wage garnishment. First off, the debt is mine no objection to that . But To my knowledge I was never served or had any recollection that they were pursuing me this hard. What should I do ?
answered on Dec 22, 2021
your options are 1) pay the debt, either work out a direct payment or let them garnish you, or 2) file bankruptcy and eliminate the debt if you qualify.
I cannot pay this Debt, I make $1800/month NET income. After rent & utilities, have $280 left for incidental per month.
I have a wife and 18 yr old in college. The $280 is not enough to cover our monthly cost.
Per my doctor advise with current medical problems, I am 68, now I... View More
answered on Nov 16, 2021
as a general note, the court does not really consider much of your personal financial state when it comes to collections lawsuits unless you fall into a category of being judgment proof. the court will likely allow a judgment against you which means your wages could be garnished and your bank... View More
The car is mine and was not on California roads, the trailer is what was on the road, can they charge me for getting my car back.
answered on Oct 25, 2021
Your question is not clear and concise, and fails to include sufficient detail so that it can be answered.
Prepare a chronological history of what happened, when, where and how, and name all witnesses (good and bad), then compile all your documents which help tell the story.
Then,... View More
answered on Oct 25, 2021
Your Claim of Exemption is filed with the sheriff who served the garnishment or levy
Substituted service performed one day before statute of limitations expired - mailed packet was postmarked the day of statute of limitations, received in mail 7 days after. Can I contact them directly to settle or should I bank on passing of statue of limitations? Thanks :)
answered on Oct 22, 2021
You have asked a very good question. The statute of limitations is concerned only with the date that the complaint was filed. The date of service has nothing to do with the timeliness of the lawsuit filing. Thus serving you after the statute has run does not provide any basis to knock out the... View More
answered on Oct 19, 2021
No. But you have to take certain steps like filing a right of exemption and notify the collectors attorney that the funds are social security only.
My x husband didn't pay me what the judge had ordered him to pay in our divorce
answered on Sep 27, 2021
You don't need to renew your judgment. What you need is to enforce it. You need to find an attorney who does collections or judgment enforcement proceedings/procedures.
answered on Sep 11, 2021
Suggest you hire an attorney to conduct the exam and see that the records of the debtor are subpoenaed.
I have a debt that went to collections from 2014 in ca. I am passed California statue of limitations. However in 2015 I moved to New Jersey where that statue of limitations is 6 years vs 4. I am being sued here in New Jersey but the debt is from California. Is that legal?
answered on Sep 2, 2021
I believe the debt is still subject to the California statute.
I suggest you call the creditor attorney immediately and point this out. If you do not get immediate satisfaction then bring a consumer law attorney onto your team immediately.
I'm worried that after paying the reduced offer, a different agency will harass me for the balance. would that be legal in CA? What do I do to protect myself? If necessary, how can I investigate the legitimacy of the offer further?
answered on Aug 31, 2021
if you settled with a collection company to pay less than the debt owed, make sure that settlement is in writing. also note that the balance not paid could be taxable to you so make sure to consult with the person preparing your tax returns.
I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!
It’s now been 3 or so years and I... View More
answered on Aug 16, 2021
You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.
This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... View More
answered on Aug 6, 2021
You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.
I would like to dispose of my car (scrap/donate or sell) and I am unsure if that's legal without a title. The loan was closed by Wells Fargo in July of 2016 and sold to debt collectors. It appears that debt collectors can still try to recoup the money, but legally cannot sue me for the... View More
answered on May 25, 2021
I do understand the problem. But without clear title you wont be able to do either of those things. You might look into leaving the car parked on the street, and call the city to tow away an abandoned car.
can these be attached
answered on May 24, 2021
The best answer a lawyer can give you for the time being, (without the opportunity to discuss the case at length with you and to see relevant document), is going to have to be, "I hope so."
If you sue, you may be able to obtain attachment orders against the various assets by... View More
I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... View More
answered on May 22, 2021
In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.
Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?... View More
answered on Apr 28, 2021
You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.
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