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California Collections Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Collections and Gov & Administrative Law for California on
Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest

my children's mother has a new child with the relative of a judge believed to be in the family law division.

Mike Darlington
Mike Darlington
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...
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1 Answer | Asked in Civil Litigation and Collections for California on
Q: how to collect judgement against my former employer

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

Neil Pedersen
Neil Pedersen
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...
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1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

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

William John Light
William John Light
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.

1 Answer | Asked in Collections for California on
Q: Can a collection agency come after you if the dept is over 4 years old for hospital bill under $2000,00?
Barak J Berlin
Barak J Berlin
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

2 Answers | Asked in Contracts, Business Law, Collections and Intellectual Property for California on
Q: I invested in a UK company, then the founder moved to the US and re-formed without notifying me.

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

Robert P. Cogan
Robert P. Cogan
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

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1 Answer | Asked in Workers' Compensation and Collections for California on
Q: Awarded a year of back pay from my job 2018 with everything included ( OT, holidays , sick leave)Now no answers.

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 .

Neil Pedersen
Neil Pedersen
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

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on
Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

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

Richard Samuel Price
Richard Samuel Price
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.

2 Answers | Asked in Tax Law and Collections for California on
Q: I cancelled an inactive LLC but still have back-tax/penalty notices coming in. What can happen/what is my best recourse?

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

David S. Greenberg
PREMIUM
David S. Greenberg
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.

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1 Answer | Asked in Consumer Law, Contracts and Collections for California on
Q: Can Reverse Mortgage Distributions be garnished by general creditors?

Distribution is a single payment after refi

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 7, 2019

Which question do you want us to answer?

1 Answer | Asked in Collections and Consumer Law for California on
Q: Can I send someone to collections if they have a lien? Charge interest and fees?

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

William John Light
William John Light
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

1 Answer | Asked in Consumer Law and Collections for California on
Q: Are we still Responsible TO PAY ATT for our business line AFTER A YEAR OF THEM NOT BILLING OR NOTIFYING US?

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

William John Light
William John Light
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

1 Answer | Asked in Collections and Small Claims for California on
Q: If a $50,000 bond is disbursed thru numerous claimants in a case?

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??

Vernon Charles Tucker
Vernon Charles Tucker
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

1 Answer | Asked in Contracts and Collections for California on
Q: Can a time share company from Mexico can sue me in the US for not paying maintenance fees?

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

Bruce Alexander Minnick
Bruce Alexander Minnick
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

4 Answers | Asked in Bankruptcy, Banking and Collections for California on
Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?

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?

Timothy Denison
Timothy Denison
answered on Jun 17, 2019

Take her off all accounts if you want to keep her credit strong.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Should I respond to a civil lawsuit or just wait for my hearing.

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

William John Light
William John Light
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

1 Answer | Asked in Collections for California on
Q: Should I file a response to a Civil Lawsuit

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

Barak J Berlin
Barak J Berlin
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

1 Answer | Asked in Contracts, Collections and Gov & Administrative Law for California on
Q: WHAT IS A FEDERAL LIEN WITH DETENTION ? HOW DOES IT WORK? ON A AIRPLANE PRIVATELY OWNED
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 4, 2019

It means the owner of the aircraft cannot fly it without specific pre-approval from the FAA.

2 Answers | Asked in Consumer Law, Contracts and Collections for California on
Q: My husband passed in 09 and I just found the paperwork for his flight school he paid $30Th. But had only started

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

William John Light
William John Light
answered on Mar 22, 2019

answers.justia.com/question/2019/03/19/my-husband-passed-away-in-2009-and-he-ha-497746

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1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

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.

Vernon Charles Tucker
Vernon Charles Tucker
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...
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1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on
Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

Can I just keep car until they pay me?

Vernon Charles Tucker
Vernon Charles Tucker
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?

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