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California Collections Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Collections for California on
Q: If landlord gets possesion of the premises that's unlawful datainer

The judge didnt say ulawful detainer at trail only landlord got possession of premises since i was moved and we both had restraint i had a day pass to remove my possessions and did. How did that rule unlawfuldetainer after plaintiff filed out paperwork? is that possible. I see he added some stuff... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 16, 2018

need more info

UD is when a tenant is living there improperly.

normally given 3 days notice to quit and then 30 UD to get out

3 Answers | Asked in Bankruptcy, Car Accidents and Collections for California on
Q: Got into an accident. I'm at fault. Now in collections I need the case re-evaluated. Do I need an attorney? Court?

I got in a car accident 7 months ago. I wasn't on the owner's insurance .Denied the claim.I rear-ended another vehicle.(NO INJURIES) Now it went to a collector.They are threatening to suspend my license.The other parties insurance is blaming me for the accident but I have 2 witnesses who... View More

Harlene Miller
Harlene Miller
answered on Mar 27, 2018

Your question was directed to Bankruptcy and I am a bankruptcy attorney. I suggest you find an attorney that handles accident litigation - you need to meet with an attorney to discuss the specifics of your case. Do so as soon as possible. Try contacting the State Bar of California for attorney... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: I'm in LA, CA. Received copy of "Request For Entry Of Default" form for Clerk's Judgment on a debt suit not served. Why?

The debt agency filed suit but I've had NO summons / served papers delivered to me. I just received a copy of the form they filled out seeking entry of default / Clerk's judgment. Are they not following correct procedure?

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 10, 2018

You need to sit down with an attorney immediately and go over your options. It sounds like they are going to allege that they served you. You have options but must get legal advice right away. We can't determine what your options are from this question without much more information. Sitting... View More

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1 Answer | Asked in Contracts, Criminal Law, Collections and Small Claims for California on
Q: Someone signed a contract to pay me back a large sum of money I lent to them. They have not paid me back & I want to sue

The contract was signed on December 22, 2016 and has a due by date of December 22, 2019. How long after that date can I sue the individual for breach of contract, unjust enrichment, and fraud in the state of California? Would the contract be valid as evidence in court if is not notarized? Could I... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 23, 2018

OF COURSE YOU CAN SUE.........the issue will be that lawyers will not accept the case on a contingency in all likelihood....and does the party has money to pay a judgement the court would give you.......rather than file BK?

You can go to small claims court and sue for up to $10k on your own.

1 Answer | Asked in Collections and Criminal Law for California on
Q: Two felony 459PC have been transferred to GC Services, a collection agency. How do i get a dismissal?

Seeking clearance through caregiver background bureau.

Dale S. Gribow
Dale S. Gribow
answered on Feb 9, 2018

need more info

were these 459's you committed or pled to?

is the amount demanded the value of these items?

seek help of local lawyer or whoever helped you on crim case

1 Answer | Asked in Contracts, Collections, Insurance Bad Faith and Consumer Law for California on
Q: Proof of Loss. What do I fill in after/do I leave blank "...or received indemnity therefore except as follows:"

from a proof of loss policy i'm filling out.

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

It sounds like if you have received payment from anyone for any of your losses, you would itemize those payments in that space, but it's hard to say without reading the entire document.

1 Answer | Asked in Collections for California on
Q: What can I do about a Chiropractor never sending me a bill until after he has hired a collection agency?

The Chiropractor told my father that our insurance covered the services but it turns out they weren't. I as 21 at the time and payed the copay but never personally received a bill. Usually bills go to the primary insurance account holder, my father. I have asked the collection agency to move... View More

William John Light
William John Light
answered on Jan 12, 2018

How is sending a Notice of Settlement an attempt to make payment? If you were a minor and your father was responsible for receiving and paying bills, then the chiropractor sent the bills to the correct person. You apparently owe the money. Pay the collections agency.

3 Answers | Asked in Personal Injury, Real Estate Law, Collections and Landlord - Tenant for California on
Q: property management lost my check put me in collection

despite admitting they lost my check they refuse to remove me from collection in fact went further and recorded lien and are demanding outrageous penalties and slandering my name thearting arreast.its taking its toll on me help please

William John Light
William John Light
answered on Jan 10, 2018

Did you offer to replace the check? Get a consultation with a debt collections attorney.

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2 Answers | Asked in Personal Injury, Collections, Libel & Slander and Small Claims for California on
Q: How can I sue an individual for around 14,000?

I was in an abusive relationship he falsely had me locked in jail causing me to loose time off work, 8,000 in legal fees and a tarnish on my reputation. He than proceeded to steal anything of value out of my house that he had just got on the lease with me for Approximately 3,000 worth of stuff. He... View More

William John Light
William John Light
answered on Dec 14, 2017

You can sue for up to $10k in Small Claims court. Not sure how you would collect if successful.

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3 Answers | Asked in Personal Injury, Civil Litigation, Collections and Insurance Defense for California on
Q: Can I vacate or set aside a default Judgment that was entered 9 years ago, if I was not properly served?
Dale S. Gribow
Dale S. Gribow
answered on Nov 22, 2017

the answer would be face on the facts...........when you say properly what happened?

how were you served?

did you evade service?

did you move and not leave forwarding?

you can always make a motion to set aside and the judge based on the facts presented will decide whether to grant.

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3 Answers | Asked in Bankruptcy, Collections and Consumer Law for California on
Q: I received a levy notice based on some credit card debt from years ago, I own nothing, do I need to respond somehow?

Couldn't keep making payments due to my employer not paying me (still owes me for a months work, i quit, just started new job), the collection agency turned it over to a lawyer I guess? Who is now seeking to levy on "any and all accounts and safe deposit boxes standing in the name of the... View More

Leon Bayer
Leon Bayer
answered on Nov 12, 2017

If you have any money in that bank, (should be name of the bank on the levy), the creditor is going to get it. They are after you, and don't be surprised if they somehow find out where you work and hit you with a wage garnishment.

I suggest you deal with it. See a local bankruptcy...
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1 Answer | Asked in DUI / DWI and Collections for California on
Q: i have a question regarding a fine imposed as a result of a conviction 12 years ago.

My wife was arrested and plead guilty to a driving under the influence in the State of California. She completed all court ordered classes probation and paid the fine. The arrest is now off of her driving record. The county of San Bernardino is now, 12 years later, saying that she owes money and... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 10, 2017

you need to talk to a San Bernardino lawyer with experience and connections...............it is possible a SERNA motion would prevail.

a lawyer would need more facts.

if a fine has not been paid that should have resulted in a Bench Warrant........but you say case not on...
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1 Answer | Asked in Traffic Tickets, Civil Rights, Collections and Construction Law for California on
Q: Constitutional 4th and 14th Amendment violations? -City and County of San Francisco , unreasonable search and seizure?

California Vehicle code section 40202 (a) states the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth…..the procedure for the registered owner...pursuant to Section 40215, contest the... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2017

it is often frustrating being a lawyer and having a judge rule contrary to the law.

clients don't have the money to hire you to make a motion ordering the judge to follow the law.

every county, courtroom and judge has their own take on things.

you can always appeal the...
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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for California on
Q: I am a defendant with trial set for next year. Do I have to answer the interrogatory sent to me for debt collection?

No judgement yet. Final Conference and Trial set for April. Plaintiff sent me "First Set of Special Interrogatories to Defendant" through the mail. Do I have to answer the questions such as "What is my bank account number?" Or can that wait until after the judge has made a ruling?

Harlene Miller
Harlene Miller
answered on Oct 16, 2017

This does not appear to be a bankruptcy matter so can't properly respond.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for California on
Q: School loan debt being assisted by a company that specializes in removing the debt.

My wife has a private school loan debt that has been sold over and over again to different collection agencies. We hired a company that specializes in acting as the middleman between the collection agencies and us. We pay them a certain amount per month for 3 years and they guarantee to remove the... View More

Harlene Miller
Harlene Miller
answered on Oct 13, 2017

I am unfamiliar with companies that offer the service you are talking about. Regardless of the non reporting on the credit report - have you received confirmation that the student loan lender has received payment; do you know the status of the balance of the debt? You need to have more... View More

1 Answer | Asked in Bankruptcy, Collections and White Collar Crime for California on
Q: A debtor in Chapter 11 (a business) has sunk thousands of dollars of un-invoiced work into an insider's property. Legal?

The business in Chapter 11 has performed thousands of dollars work at no cost, and without billing, on an insiders' property. This has occurred over 3 years, with a majority of the work being done within the year prior to the Chapter 11 filing. The insider is not a creditor. Can the... View More

Leon Bayer
Leon Bayer
answered on Oct 4, 2017

I think there is a good chance that it can be clawed back, if a trustee gets appointed. If it remains a debtor in possession, I would not expect the debtor to take action on this, unless forced to do so.

1 Answer | Asked in Collections for California on
Q: Hello I have a question about wage garnishment. Who can I talk to first to fix it?

I received a notice about wage garnishment from my employer for not paying registration fees on a vehicle I gave away as a gift. I only remember receiving one notice from DMV notifying me about vehicle and I told them I released liability online on 8/16/16. I was informed to disregard it.... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2017

Take the notice you received to your local DMV office and prove that you transferred the title of the vehicle many years ago. You should also immediately consult with an attorney who can help you lodge an objection and opposition to the notice of garnishment. Keep your employer advised of the... View More

1 Answer | Asked in Bankruptcy, Business Formation and Collections for California on
Q: How often can bk be filed? Gen Part of LP filed Chap 7, five years later the LP files Chap 11, what's next & when?

A General Partner (GP) of a CA Limited Partnership (LP) filed for personal bk, Chap 7, and the LP was listed as a co-debtor. All claims discharged including many from the LP. Fast forward five years, the LP is now in Chapter 11, with the GP threatening to also file bk personally once more. How... View More

Harlene Miller
Harlene Miller
answered on Sep 21, 2017

A second chapter 7 case can be filed 8 years after the filing date of the prior case in which a discharge was granted, but no sooner. If the debts that the LP included in the chapter 11 were listed as creditors in the GP prior bankruptcy, then all of that debt has already been discharged as to the... View More

1 Answer | Asked in Legal Malpractice, Collections and Contracts for California on
Q: A woman has my car who only paid $500 out of the $1,600 price tag... I need legal help finding her/it

Was an incomplete ebay transaction.. she left only paying $500 by mistake. I need her to pay the rest... I never signed the title registration as well and wish to prevent her from registering until she pays... She has not answered any of my calls or messages I'm worried.. give me legal advice... View More

William John Light
William John Light
answered on Sep 2, 2017

You can com navy the police to report fraud/ theft. If you have the address, you can file suit in Small Claims court.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: Under Pro. C. 9100(a)(2) sevice of the notice be made on the attorney for the creditor in an ongoing case ok?
David Keith Hicks
David Keith Hicks
answered on Aug 25, 2017

that section does not govern service on an attorney. it governs a deadline for a creditor to make a claim. If a party has appeared in his case you have to serve his attorney not him, since this is not one of those things requiring new personal service on a newly appearing party in a new case.

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