Get free answers to your Collections legal questions from lawyers in your area.
my children's mother has a new child with the relative of a judge believed to be in the family law division.
answered on Dec 25, 2019
Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.
If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might... View More
I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.
Am I better off trying to sell off my judgement
answered on Nov 30, 2019
Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.
It is impossible for anyone... View More
I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.
I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... View More
answered on Nov 25, 2019
You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.
answered on Sep 26, 2019
A collection agency can essentially ask you nicely for the money at any time. However, if the debt is past the statute of limitations (i.e. you haven't made payments for over four years), then they cannot make any misleading statements. This would include threats to sue you for the past due... View More
I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... View More
answered on Sep 16, 2019
It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... View More
I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .
answered on Aug 23, 2019
Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... View More
Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided
answered on Aug 22, 2019
In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.
The notices were going to a location where I do not live (went to my ex-partner's parents house), and I just got my hands on the notices that say we owe thousands. This LLC was only active for a few years, as a production-company shooting a series, and unfortunately, the entity wasn't... View More
answered on Aug 14, 2019
It is quite possible that you will be insulated from personal liability for the tax obligations of the LLC.
If you would like to discuss this in detail, please call my office to schedule a free initial consultation.
Distribution is a single payment after refi
I am a Doctor in SF, CA.
I have a granted a lien to a patient and her attorney 3 years ago.
The attorney and client stopped communication with me recently for no reason.
Can I send this account to collections even though they have a lien?
If so can I charge interest... View More
answered on Aug 6, 2019
You are entitled to reasonable updates on the status of the claim. If you aren't getting that, file suit against the attorney and client for breach of contract. You are entitled to pre-judgment interest in a lawsuit. As far as a collection matter, before lawsuit, you would be limited to... View More
Early 2018 they were overcharging our acct & said they have a right to change rates anytime! ATT then offered another plan which was really similar to what we had with the original rates. They said there would be readjustments & credits initially sent & it would balance out. I re-... View More
answered on Jul 26, 2019
You have an obligation to pay for services rendered whether ATT&T mailed you a bill or not. You obviously knew that you received the services and that payments was due. You could have contacted the billing dept. at any time. Whether you are responsible for late fees or can reach some... View More
how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??
answered on Jul 17, 2019
Hello,
Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!
Respectfully,
Vernon C. Tucker, Esq.
Member California Bar
A few years ago we made the mistake to buy a time share in Mexico that we paid in full; a few months later tried to cancel the contract but the company never accepted to get our money back or cancel the contract. Every year they try to get money from us because we supposed to pay maintenance fees.... View More
answered on Jun 21, 2019
Yes, Mexican timeshare companies can sue you in the US. However, I am wondering whether you purchased your timeshare from a Mexican timeshare company--or (more likely) from an American timeshare company that sells timeshares in a timeshare property they own down in Mexico. But it really... View More
Since it is a joint debt, can we exclude it from the BK and continue making payments on it?
We want to keep her strong credit completely clean.
Is there any reason to close the joint account?
answered on Jun 17, 2019
Take her off all accounts if you want to keep her credit strong.
Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... View More
answered on Jun 12, 2019
You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... View More
Me and my wife were served a summons for a unlimited civil case in California. This is for an outstanding hospital bill from October 2013. The insurance company issued a payment to my wife but only for a partial amount because she was taken to an out of network hospital. We signed over this check... View More
answered on Jun 10, 2019
It sounds like you need to file an answer. You only have thirty days after being served to do so. You may have a defense based on the statute of limitations. You may also have a claim against the collection agency. You may be able to get a free consultation. Go to the National Association for... View More
answered on May 4, 2019
It means the owner of the aircraft cannot fly it without specific pre-approval from the FAA.
We paid the $30thousand in full, when I sent letters to all our contacts regarding his death. They never contacted me nor did I even remember about it. It wasn’t until my daughter found the paperwork on it in the garage and asked me if I received a partial refund from the helicopter school. I am... View More
answered on Mar 22, 2019
answers.justia.com/question/2019/03/19/my-husband-passed-away-in-2009-and-he-ha-497746
This was filed in Orange County, ca. I am located in Multnomah County, OR. All documents were signed by me in OR. I am simply trying to avoid have a default judgement against me as the immediate step.
answered on Feb 25, 2019
If you received a Request for Entry of Default you are in a tough position.
This means service has been effectuated upon you and your responsive pleading was already due by now.
The defendant has now requested a default to be entered against you and this will happen unless you... View More
Can I just keep car until they pay me?
answered on Feb 17, 2019
Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.