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California Collections Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for California on
Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?

Received summons, I responded with affirmative defenses, filed and served with the court. Had the response served I don't hear nothing until the other day when I receive a request for Default. What should my next step be? Dismissal?

Vernon Charles Tucker
Vernon Charles Tucker
answered on Feb 15, 2019

I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by... View More

1 Answer | Asked in Collections for California on
Q: Will I be arrested at the airport if I fly into the country from abroad and I have a bench warrant against me?
Stuart Gregory Steingraber
Stuart Gregory Steingraber
answered on Dec 16, 2018

Probably not. Bench warrants for failure to appear in civil matters are low on the Sheriff's priority list. Bench warrants for criminal matters are higher on the list. You don't say why you have a bench warrant outstanding so more information is needed to give you useful advice.

1 Answer | Asked in Collections and Contracts for California on
Q: Is there a statute of limitations for a private christian elementary school to collect on past tuition owed?
N. Munro Merrick
N. Munro Merrick
answered on Oct 29, 2018

Yes. Assuming you have a written invoice and that it was due in 30 days from receipt. it is classified as a written contract. You must have filed a court action within 4 years from the date the tuition was sue. When in doubt, give a few days extra. If a payment for less than the amount due was... View More

1 Answer | Asked in Animal / Dog Law and Collections for California on
Q: Am I responsible for >$15,000 vet bill when my dog bit another dog?

The dog I recently adopted attacked a smaller dog while on a walk in public and the owners are making me pay >$15,000 in vet bills and threatened to sue if I didn't. I don't have any money and my renter's insurance doesn't cover dog attacks. Am I fully responsible for paying... View More

William John Light
William John Light
answered on Oct 19, 2018

Your are liable if you were negligent in failing to control your dog. You don't describe how the attack happened, which dog was the aggressor, etc., but it sounds like it was your dog, which will probably make you at fault. You can be sued for the >$15k, but that would require an attorney... View More

4 Answers | Asked in Collections for California on
Q: What options does one have for debt and credit relief before bankruptcy? Or is it an option worth pursuing?

too much debt, not enough income, poor credit, no real assets

William John Light
William John Light
answered on Oct 16, 2018

You can negotiate with your creditors for reductions in principal and payments with the threat of bankruptcy if they don't agree. Otherwise, it's looking like bankruptcy.

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1 Answer | Asked in Collections for California on
Q: Debt collector sues in the name of a deceased spouse, not living spouse & debt was incurred before marriage.

1. Commonwealth Financial Systems is trying to collect for an ambulance bill incurred by my late husband in March 2015.

2. My husband and I were married in June 2015, after service occurred.

3. My husband passed away in 2017.

4. I have verification of a $500.00 amount... View More

William John Light
William John Light
answered on Oct 15, 2018

Paying $500 is not necessarily the same as paying the entire billing. Your husband's estate would be liable for his debts, if any. It's unclear whether your husband's premarital estate holds or held any assets. If you are served on behalf of your husband, send the Plaintiff's... View More

1 Answer | Asked in Bankruptcy, Contracts, Collections and Domestic Violence for California on
Q: Can a company thats not listed as the lienholder with DMV repo my car from my private garage?

The car dealership put the wrong name down on the DMV paperwork and a bunch of other shady things. Now the company that NOT listed as the lien holder repossed my car from my garage. The reason I couldn't deal with this is because I'm experiencing domestic violence issues and was not... View More

Timothy Denison
Timothy Denison
answered on Sep 24, 2018

You may sue for wrongful repossession of the car. Likely will not get the car back.

1 Answer | Asked in Collections, Small Claims, Consumer Law and Business Formation for California on
Q: Trying to collect on a judgement on a business that dissolved after my judgement. What do I do

The company I won my judgement against change the name of the business and started running the business under this new name on 5/17/2017 5 days before our first court date which they never showed up for all three times. The company did a article of dissolution a month after my judgment was entered... View More

Vernon Charles Tucker
Vernon Charles Tucker
answered on Sep 21, 2018

If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.

However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an...
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1 Answer | Asked in Collections, Consumer Law and Contracts for California on
Q: Is a California payday loan lender allowed to directly post a collection to my credit file?
William John Light
William John Light
answered on Sep 20, 2018

Yes, Small Businesses can report delinquent accounts directly to credit bureaus, if they are members of the service and have paid the fees.

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on
Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

Could you please give me a phone number so I can ask a question about how much I should expect in a drug manufacturer settlement. I’m thinking possibly I could contact public records at the CA state bar and hopefully they can find a similar scenario I can at least have an estimate.

Thomas A. Grossman
Thomas A. Grossman
answered on Sep 7, 2018

I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any... View More

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1 Answer | Asked in Consumer Law, Contracts and Collections for California on
Q: Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default /Vaca

This was an acct paid in full as due each month. Pymts were then refused w/o cause, followed by filing suit for non-pymt. Last known this case was on calendar the end of this month until just learned online a *Default Judgment was entered in May*. No notices were received by plaintiff or court on... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 27, 2018

I can't give a definite answer due to the uncertain facts. I sounds like the defendant did not properly file his Request for Default, and if so that document has no effect. To be sure of the status of your case, I would call the Court Clerk of the Courthouse where this matter is pending, and... View More

1 Answer | Asked in Business Law and Collections for California on
Q: My employer was not paid by the customer for few months, so he is unable to pay my bonus. Can I get involved to get it?

My employer says he cannot pay my bonus unless he gets paid by the customer. Is there any way to get involved legally and get the money back from the customer?

Louis George Fazzi
Louis George Fazzi
answered on Aug 21, 2018

As an employee, the customer does not owe you anything. Most employers have the means to collect unpaid debts from debtors, which involve suing on the debt. An employee to whom a bonus is owed by the employer must be kept away from the debtor, because you may have no idea of what defenses the... View More

4 Answers | Asked in Bankruptcy and Collections for California on
Q: Can a judgment against me garnish my SSDI (Disability), my old VW Bug that's worth less than $3,000, my furniture?

Was served on August 8, 2018. My husband was ill with terminal cancer & couldn't work. I live in Northern California, El Dorado County, I'm 56 years old & became disabled & couldn't work. Took a long time to get our disability & went through our savings & had to... View More

Timothy Denison
Timothy Denison
answered on Aug 8, 2018

They cannot garnish your ssi and you probably have enough exemptions to protect the property you described. You can probably get a free consultation with a bankruptcy attorney who can give you some help

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1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Collections for California on
Q: My parents receive a tax bill and a lien has been put on their 1/3 interest of timberland.

The unpaid tax is on a mobile home that they " purchased" from this neighbor in a trailer park. She never produced the correct paperwork to get it out of her name or into my parents name. My dad ended up murdered a few years later. My mom was unaware of any would be taxed in connection... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 1, 2018

Yours is a complicated question, and a sad situation. There is not much you can do about the mobile home, since it was sold and the Park is closed. As to your parents being hit with a 1/3 tax bill and lien, I think they will have to pay the Bill to get the Lien on the land removed. Without... View More

2 Answers | Asked in Bankruptcy and Collections for California on
Q: Please advise what is the best way to approach it.

In the last few years I am battling with the mortgage company to save my second house. I tried to get a modification from the lender but unfortunately without success.

Since 2015 I field three BK 13 because of financial hardships, and to stop the sale process and obtain a modification.... View More

Timothy Denison
Timothy Denison
answered on Jun 28, 2018

You really need the help of an experienced bankruptcy practitioner. The multiple filings may be problematic and the issues involved with short sale and loan modification can be complicated and frustrating. You should be able to get a consultation and at least get some advise for the right... View More

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2 Answers | Asked in Bankruptcy and Collections for California on
Q: My license has been suspended for 3 civil law suit from a car accident in 2015. What can i do?.

I dont have the money. That they are demanding a total of 25.000.00.

Timothy Denison
Timothy Denison
answered on Jun 19, 2018

If you file a Chapter 7 bankruptcy and list the three civil suits and creditors, you can likely discharge them. Upon discharge, you can then obtain a valid drivers license.

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1 Answer | Asked in Collections and Consumer Law for California on
Q: Collections agency claiming that I owed from a surgery, we paid the full medical bill at the time. What do I do?

We've paid the collection twice now but it keeps popping up from different agencies. The original check to the hospital went through and was cashed. Not sure why I could have debt. The surgery was 5 years ago and we were first contacted by an agency one and a half years afterwords.

William John Light
William John Light
answered on May 24, 2018

Tell them you dispute the debt and provide them with proof of payment. Tell them if they contact you again, you will seek all available remedies under both the State and Federal Fair Debt Collection Practices Acts.

2 Answers | Asked in Bankruptcy and Collections for California on
Q: I believe a creditor has served my husbands employer with a fake wage garnishment.

My husbands employer received a fax for a court ordered wage garnishment, but there is no court or case number listed on this paper, nor is there an amount listed to garnish. It’s for a debt he had over 10 years ago. Is this just a scare tactic to get my husband to make a payment?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2018

It's sounds kind of fishy. Sit down with a local bankruptcy attorney who can tell you if it's legitimate or not.

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1 Answer | Asked in Tax Law and Collections for California on
Q: Can the IRS take my life insurance policy money as a loan in which i have to pay back the insurance company or lose it.

They have put a levy on me for 44,000.00. They say I was an employer (I threw newspapers) and charged all kinds of charges that are ridiculous. I have been homeless since oct. 2012. But they took a loan from my life insurance co. In my name and i am responsible to pay it back or I lose it. Can they... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 24, 2018

You need a consultation with a tax attorney. I am not aware that the IRS can seize life insurance proceeds, however, I do not know all the details of your case so it is impossible for me to give you a complete answer. If you cannot afford an attorney then contact a low income taxpayer clinic in... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Collections for California on
Q: Can anyone tell me how I check if theres any complaints filed against me or if there are any court case open against me

I got a messege saying that i missed a deposition and to call this number. I dont have any idea what this is about but I never heard of any attorny or lawyer using an 888 number. So is there any way to check validity of this number and if there are any cases open against me any where in California

William John Light
William John Light
answered on Apr 23, 2018

The best way to check it is to call it, unless you want to pay for an internet verification service.

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