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California Collections Questions & Answers
1 Answer | Asked in Family Law and Collections for California on
Q: I have student loans I'm not paying, they garnish my wages & take my tax refund. If I get married can they go after

Can my student load debt go after my future husband? If I die will they go after him? I just want to know if it's a prior Dept would they go after my soon to be husband.

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

You and he can sign a prenuptial agreement to maintain your debt as separate, and you may consider an indemnification clause in there as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... View More

1 Answer | Asked in Real Estate Law and Collections for California on
Q: Can I put lien on someone property who previously passed away? Lent about 10 grand for remodeling his home.

Made an agreement so he would pay back in payments until paid off, but sadly he passed away about 6 months ago about a month after he returned home. He had asked me to look over his house and property cause he had to go away for a few years. While away take care and look over the remodeling of his... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Aug 15, 2017

You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.

1 Answer | Asked in Bankruptcy, Business Law, Collections and Small Claims for California on
Q: I sued AAMCO Monrovia & won. Haven't collected all award yet. AAMCO's moved. How do I find out if they filed bankruptcy?

If they just changed location (& banks), how do I find out? If they filed bankruptcy & liquidated, how do I find out who their lawyers were, or who was made trustee, so I can collect the final money they owed me?

Harlene Miller
Harlene Miller
answered on Aug 8, 2017

As a creditor, you would have received notice of the bankruptcy filing in the mail. You could do an internet search for the company to see if anything is available about a bankruptcy. Or, continue to attempt to collect.

2 Answers | Asked in Collections and Family Law for California on
Q: I live in Montana. Can the state of CA legally collect from my employer money due on the interest of a support debt?

MT CSED has closed my case because they only collect the child support debt and not interest. But now CA wants the interest and sent my employer a notice to comply with sending them money claiming it's for child support.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More

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1 Answer | Asked in Business Formation, Business Law and Collections for California on
Q: How much can I charge for late payment in a settlement agreement?

I am settlIng a debt with another party for 1/2 of what was owed, monthly payments over 10 months with payment expected on the 15th of every month. I have found contract templates to write it up. In case she fails to pay on time, what can I charge her for late payment? Can I add a clause that the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

Why not have a lawyer draft the terms of the settlement agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... View More

2 Answers | Asked in Consumer Law, Contracts and Collections for California on
Q: Unpaid and overdue personal loan with signed note for $15,5k due in 2008 with 12.5 annual interesr

Is the statue of limitations up? The last payment he made was less than a year ago have not heard from him since despite a few attempts. Although he did write that he would pay off soon but this was like 2 years back and since then maybe three 50$ payments. Been very very very patient and... View More

William John Light
William John Light
answered on Jul 21, 2017

Hire an attorney and bring a lawsuit. Max in Small Claims is $10k, so that won't work.

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1 Answer | Asked in Collections for California on
Q: can paychecks be garnished from a dentist 10 years ago who claims he sued me but i never went to court or got served?

My husband got a letter in the mail stating that his paychecks were going to be garnished from a dentist appointment in 2008. He recalls the appointment, he was about 20 years old and he remembers his mom going with him and paying for said appointment. The paper claims the dentist sued him and now... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

That might be a fraudulent letter. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: I received a DISC001 in the mail. I was not stamped by court or certified. Should I answer?

From a collection agency

Jonathan S. Dennis
Jonathan S. Dennis
answered on Jun 28, 2017

Before you can be compelled to respond to written discovery questions, you must first be personally served with a copy of the Summons and Complaint. A plaintiff may not serve interrogatories on a defendant within the first 10 days after service of summons or defendant's appearance in the... View More

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1 Answer | Asked in Collections, Consumer Law and Identity Theft for California on
Q: I had a 5000 credit line with First City Credit Union. It went into collection for 4700. I was unable to pay back owed.
William John Light
William John Light
answered on Jun 28, 2017

What is the question? If you have been sued and a judgment entered against you, the judgment creditor can levy your bank account, garnish you wages, file a judgment lien on your real property.

1 Answer | Asked in Real Estate Law, Probate and Collections for California on
Q: Is there a time limit on collecting on a judgement against deceased?

Also can property that deceased owned as tenants in common be taken from heirs?

Bruce Adrian Last
Bruce Adrian Last
answered on Jun 26, 2017

Dear Walnut Creek, CA:

I'm not certain what you mean by "taken from heirs", but here is the skinny on property a decedent owns as tenants in common with other people and debts of a decedent.

TENANTS IN COMMON:

If a decedent owns property as a tenant in common...
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3 Answers | Asked in Bankruptcy, Collections, Consumer Law and Family Law for California on
Q: Am I liable for my wife's credit card debt? We are married and she's is going through some mental distress(bipolar?).

How am I to protect myself from financial ruin if I can't stop her from making extreme purchases?

Suzette Douglas
Suzette Douglas
answered on Jun 21, 2017

It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned... View More

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1 Answer | Asked in Collections for California on
Q: Are debt collectors obligated to agree to a payment plan if I can't pay my debt in one lump sum?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

No, but you may be able to negotiate a payment plan with the aid of a lawyer you hire. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Small Claims, Collections and Consumer Law for California on
Q: What actions can a pay day loan company(Allied cash advance) take if you do not pay back a long term installment loan?
Louis George Fazzi
Louis George Fazzi
answered on Jun 17, 2017

They can file an action on the debt to get a judgment against you, then take that and start garnishing your wages. If it comes to that, I guarantee you the costs, interest and fees will be exorbitant.

You're better off making a workout deal with the creditor, unless you have so few...
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1 Answer | Asked in Contracts, Collections and Landlord - Tenant for California on
Q: What should I do?

I was just informed last week that a sheriff came by that a collector was going to start garnishing my paychecks next week. It is for an apartment that I did not co sign for. I have all the paperwork and I have no signatures or my name anywhere on it. I consigned for a the first lease, but on the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 6, 2017

In order for your paycheck to be garnished, there must be a court judgement. You should have been served court papers. If you were, but failed to respond, there may be a default judgement against you. There are some ways you may have been legally served, but didn't actually get the papers.... View More

4 Answers | Asked in Bankruptcy, Collections and Divorce for California on
Q: I have about 40K in credit card debt in my name only. I'm married, soon to start divorce process. we own a house togethe

Equity in house is about $100K. but I'm giving up the house to my husband since he's keeping the kids and I won't be paying child support (an agreement between both of us). Can my creditors still come after the house even if it's on my husband's name and we are recently... View More

Harlene Miller
Harlene Miller
answered on Jun 5, 2017

There are several issues that I see in your inquiry. And questions that arise from the inquiry: Do you have a family law attorney doing your divorce? With creditors looking to be paid, you need to be very careful about how you are proceeding. From what you have indicated, you will be giving up... View More

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1 Answer | Asked in Banking, Collections and Gov & Administrative Law for California on
Q: I just have a joint account. It's not my debt and my money was put in hold, levied by Gov, Can I get it back?

I never received notice of this action. I had tried to remove this person from my account earlier, but without them, its nearly impossible, just like it reads to get the levy overturned. A point in the right direction would be greatly appreciated

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 2, 2017

You may need to sue the person who owed the government money if it's affected your finances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Bankruptcy and Collections for California on
Q: Can you file for Chapter 11 to seek protection against the collection of sanctions, from the same court?

Bk court ruled in favor of debtor after discharge injunction was violated. A company willfully filed a merit-less lawsuit in state court against debtor and violated the injunction. BK court later awarded sanctions to debtor to compensate for attorney fees. Now the company seeks Chap 11... View More

Harlene Miller
Harlene Miller
answered on May 30, 2017

Chapter 11 is usually filed to allow a company to reorganize and propose a plan for repayment to creditors. The automatic stay (like an injunction) that went into effect when the case was filed, stops all creditors from pursing their own collection efforts against the company. So, for now, you... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: i have a hospital bill from 09 that hasn't been paid on or brought up since may 13, Is there a statue of limitations?

I am being sent letters threatening to garnish my wages, can this happen with the bill being so old? Should I call and set up a payment plan? Or is there a expiration date on being able to collect on this bill?

Louis George Fazzi
Louis George Fazzi
answered on May 22, 2017

If you have not paid on that bill for more than four years, you should not respond at all. Count back to the last time you made a payment on that account. If it is more than four years from today's date, then the statute of limitations to collect on a debt based on a contract has expired and... View More

1 Answer | Asked in Foreclosure, Collections, Landlord - Tenant and Probate for California on
Q: My Grandparents died. Their house sold and there's money to be dispersed but my mother died. How do I claim that?
Manuel Alzamora Juarez
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answered on May 22, 2017

YOU NEED TO FIND OUT IF YOU MOTHER HAD A WILL. IF SHE DID NOT AND YOU ARE THE ONLY SON, THEN YOU HAVE TO GET HER DEATH CERTIFICATE AND ASK THE PROBATE COURT TO APPOINT YOU HER ADMINISTRATOR. THEN, WITH THE COURT LETTERS YOU CONTACT THE BANK OR TITLE HOUSE THAT HAS YOUR MOTHER'S MONEY AND ASK... View More

1 Answer | Asked in Collections, Business Law and Contracts for California on
Q: Does this guy have a case?

A man my dad does work for gave us a list of windows to clean to make up for previous accounts he seized from us. He told us all that they were cash accounts and didnt specify further instruction. I went to clean a businesses windows and they told me that I need to fill out a w9 form to get paid. I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 11, 2017

What authority did you have to speak on your employer's behalf? Speak to a lawyer to assess any possible liability you may be facing.

See: http://www.aeesq.com/business-law/business-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best...
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