Get free answers to your Collections legal questions from lawyers in your area.
If I have creditors after me - will they now go after our home? (California property)
answered on Sep 28, 2020
Yes, if you have any property, your creditors may have a claim against it. Tread carefully before adding your name to any asset when you have creditor claims against you. Consult with an estate planning attorney.
Escrow firm says I need to give them acknowledgement of satisfaction form before they pay me on my lien. Doesn't make sense to me to give them a form saying I got paid when I haven't. The person who owes me the money has sent me a check that would satisfy the lien but the escrow firm... View More 
answered on Sep 19, 2020
Pretty standard for an Escrow Company to get documents signed before the deal closes. If you really feel uncomfortable, tell them you want a face to face exchange of your signature for their check. The problem is that the money may not be in the Escrow account until it closes, not now.... View More
I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... View More
answered on Sep 14, 2020
This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... View More
answered on Sep 5, 2020
4 years on a written contract. If there was a judgment, it is good for 10 years. This could be a violation of the Fair Debt Collection Practices Act. You should consult with a Collections Attorney in your area.
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I made a payment a few days late (about 3 days)
And wasn't aware a late fee was applied so after making the standard payment I was hit with a 30 day late payment Even though I only didn't pay the late fee
answered on Aug 25, 2020
This is not banking, it is Contracts. Contact your bank, see what you can work out. Get out your loan documents and read them carefully, maybe the bank made a mistake. It happens. Negotiate with them to get some relief.
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I was living in Stockton at that time and was never served. Just got the judgement through the mail 6/29/20. Judgement is for 16k original balance 8 years ago 8k. Other party will not take less than 10k
answered on Aug 3, 2020
Your options are to file a Motion to Vacate the Judgment, settle it, or file bankruptcy (if available and desired). A lot more information is needed in order to properly assess the merits of any Motion to vacate.
I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I... View More
answered on Jul 23, 2020
It sounds like you have some knowledge about how this process works. You are entitled to a judgment debtor exam, for which the most important part is the subpoena for his documents, all bank records, credit card records, any bills he has, records of ownership of any personal property worth more... View More
I have received this email and I want to know if it is legitimate, I emailed asking what it was in regards to and they sent an email with minimal information and told me to pay a certain amount of money to close it. They could not tell me when where or how they got my information, but that they... View More
answered on Jul 2, 2020
Your suspicion seems justified. This has the earmarks of a phishing scam. Since you haven't lost any money it is unlikely your local police department will get involved.
You should report it to the FTC. To do so, forward the message to the Anti-Phishing Working Group at reportphishing@apwg.org.
09/28/2020 8:30 AM DEPT. S16 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED
03/27/2020 8:30 AM DEPT. S16 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED
03/02/2020 WRIT FEE OF $40.00 PAID Not Applicable
03/02/2020 WRIT OF EXECUTION ISSUED TO SAN... View More
answered on Jun 26, 2020
The entries you quoted above do not show that the Judgement was vacated. They show that a writ of execution may have been issued to the County. Need more information.
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This is a small claim court case related to a training we provided to an entity's personnel. They agreed via email to the terms and conditions. We provided the training and have proof of the service being provided. The other party never paid and never disputed. They just didn't pay even... View More
answered on Jun 17, 2020
Short Answer, NO. Small claims is meant to be an expedited trial situation for cases of a smaller value (used to be $2500, now up to $10,000). There is no "discovery" in Small claims, but other forms of compelling the production of witnesses and evidence, such as the subpoena power of... View More
The spa owner said she would pay what is owing when her divorce settles, and money is released from an escrow account. I've been waiting for about 2 years. The spa owner claims not to have the money when I've asked repeatedly to be paid. I need options to compel the owner to pay what is owed.
answered on May 20, 2020
If you are truly an independent contractor, then the only way to force payment is to file a lawsuit, get a judgment, and collect that judgment. That will not be quick, easy or cheap. Short of that, negotiation is your only other option.
If you have been misclassified as an independent... View More
The company did not return calls for me to try to dispute this debt. I have email correspondence from the company saying the debt was in error and that it would be removed from my account. When I reach out to the collection agency, they tell me they have not received a response from the company... View More
answered on May 5, 2020
Wait until the collection agency HAS received the response from the company. If the collection agency has not received that response in a reasonable time, WRITE to the company with a certified letter stating the problem.
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
answered on Apr 29, 2020
That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets... View More
I worked for a company doing landscaping and now my ex employer is threatening me with filing a claim he led me on believing I was going to be paid and ended up telling me he’s not going to what can I do in this situation? Should I be worried? Thanks in advance
answered on Mar 9, 2020
It is a common tactic for an employer to attempt to scare the employee from making a legitimate claim for wages owed or other money by threatening to sue the employee. Now if you borrowed money from the employer, or maliciously caused damages to employer property, there might be a legitimate... View More
shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."
There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan... View More
answered on Mar 5, 2020
Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... View More
Toilet seat sits 1ft from the dispenser - toilet paper tube accidently fell into toilet when pulling off empty roll and subsequently got flushed. Caused slow flush to happen but not a full clog.
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answered on Feb 26, 2020
If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!
LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... View More
answered on Feb 17, 2020
Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... View More
answered on Feb 17, 2020
ASK THIS QUESTION OF THE LAWYER WHO REPRESENTED YOU AND WHO HAS ALL THE FACTS IN FRONT OF HIM/HER
The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I... View More
answered on Feb 15, 2020
On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I... View More
We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... View More
answered on Jan 28, 2020
more info needed.
your missive is confusing.
the person to ask re the other side paying your legal fees would be your lawyer who has all of the info in front of him/her.
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