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California Collections Questions & Answers
2 Answers | Asked in Collections for California on
Q: A collection agency called my workplace and told my supervisor I owed them money. Is this legal?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

That sounds excessive. Do they not have your personal contact information?

See: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text, especially sec. 805 & 806.

More details are necessary to provide a professional...
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1 Answer | Asked in Collections for California on
Q: My ex spouse have an outstanding debit 1K from 2012. We been legally divirced in CA since 1999. Can I be held liable
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Were you a co-signor on the loan? 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, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: Can I enforce a federal court judgement (from a district in CA) by filing a writ in state court, also in CA.

I was awarded sanctions (attorney fees) from the federal bk court, after someone sued me (in state court). By suing me and maintaining the suit, they violated the injunction against the collection of discharged debt. Now I am trying to collect these sanctions and *surprise* they are not paying.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

If the defendant is not obeying the court order, you can file a motion for contempt in the same court that issued the order. 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... View More

1 Answer | Asked in Collections for California on
Q: I paid 95% of a hospital bill and then worked out a payment plan on the rest.

After some time, my card expired and when they ran it, the payment was refused and they sent it immediately to collections. Can they do that?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 6, 2017

Did they provide you any notice of the payment that was due? 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, testimonials, and media appearances/... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: I owe $15000 on a Visa card - I have made regular payments but the bank has opened a lawsuit against me for collection

I owe about $15000 on a Visa card(loan account) the monthly payments were $450/month;last year I had a severe loss of income (I work as a freelancer) so called the bank and asked if I could pay less per month until my situation would change;the bank manager agreed to $150/month instead of $450. I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

You might have a defense if the bank is reneging its agreement to accept lower payments from you. 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 Collections, Contracts and Gov & Administrative Law for California on
Q: Do I need to use a lawyer in order to file a stop Notice Civil Code 3103
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

A lawyer may not be required but preferred. But if you're a corporation, then a lawyer would be required. 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,... View More

1 Answer | Asked in Health Care Law and Collections for California on
Q: My dad passed away in June. He has a medical bill of about $800 that he did not pay. Will they hold my mom responsible?

We are in California.

The bill is from a stay at a nursing home in 2013. They didn't send us the bill until late 2014. We have not paid the bill, as they are charging us for equipment that my dad did not use. We feel that what they are doing is completely illegal but do not know what... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Debts incurred during marriage are considered community debts, generally. 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, testimonials, and media... View More

1 Answer | Asked in Collections for California on
Q: What if i missed a court date in a civil case filled by a collection agency

What if i missed a court date in a civil case filled by a collection agency And now theres a judgement of $5000 against me..but i couldn't go because i was in prison for another case..Can i ask for a new court case?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

If you file a timely appeal, you may be able to vacate the judgment for these reasons. 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 Probate, Collections and Elder Law for California on
Q: my wife was a conservator for her brother before we married. she breached her fiduciary duty by investing in a non court

approved house flipping business that lost everything when the housing market went south six seven years ago while we were married. her bond company obtained a judgement against her that she cannot satisfy. She has dementia now, and no assets. We are still married. my question is this....am I also... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Based on your details, I see no strong basis to justify your responsibility for her debts or alleged misdeeds as they apparently are based on separate property assets and duties unrelated to your marriage. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

1 Answer | Asked in Consumer Law and Collections for California on
Q: I have a money judgment. I want to apply a lien against any monies my debtor should get out of a pending P.I. case.

Do I check item 1"a" Article 3 or item 1"b" Article 5 on form EJ-185, Notice of Lien-(attachment-enforcement of judgment) Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Have a lawyer handle the collections matter for you. Otherwise access self-help resources online at courts.ca.gov or at your local law library. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Collections and Consumer Law for California on
Q: Will a judgement be granted at an OSC 3.740 hearing in CA ON 2/1/17 if I have not been served the complaint yet?

Im being sued by my credit card company for a judgement how long from filing 12/28/16 for judgement to be given

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

More facts are needed here. Have a lawyer review your case files. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More

1 Answer | Asked in Civil Litigation and Collections for California on
Q: Do I have to win a case against an individual to add him to an existing default judgment as a debtor pursuant to CCP 187

I understand that in order to add a new defendant to a judgment:

" requires that the new party be the alter ego of the old party and (2) that the new party had controlled the litigation, thereby having had the opportunity to litigate, in order to satisfy due process concerns."... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

Adding a defendant to a lawsuit differs from trying to use a default judgment against an unnamed party to the underlying lawsuit. Due Process must be upheld. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Tax Law and Collections for California on
Q: Live in California. Single mom Get only child supp $791mon Work part time $450mon

Can state board of equalization do a wage garnishment and levy bank acc at same time. I financially struggle monthly. I have no assets. The tax debt is from 2005 and is from a old business i owned but financially lost in 2005. My rent is $1000 mon. You can see i live below poverty.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 15, 2017

You can contact the Board to discuss your hardships and ask them to take it into consideration. Bankruptcy may be another possible option. Speak to a bankruptcy attorney. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Criminal Law and Collections for California on
Q: I just received for the first time from the US Department of Justice a judgement that was entered on October 21,1996.

today January 13, 2017. This is the first time in over 20 years that I have ever seen anything is this legal after 20 years?

Amount 157,803.63

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

Perhaps they were making reasonable efforts to serve you. There may be issues with trying to collect on this judgment though, e.g., statute of limitations, laches, etc.. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Civil Litigation and Collections for California on
Q: Can I "domesticate" a Federal Court money judgement (an order for sanctions), to State Court within the same state?

I have a US District Court money judgement, payable to me, that I am trying to collect. Can I bring the collection effort from the US District Court (located in CA), to the local State Superior Court (also in CA) for purposes of collections - for judgement debtor examination,writs, etc? I read... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

One can typically file a new collection action in state court and file the federal court judgment as proof of right to collect, but it depends on the specific facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More

1 Answer | Asked in Employment Discrimination, Contracts, Products Liability and Collections for California on
Q: The old company that I worked for stopped paying its Hertz bill; one outstanding bill was for my rental use.

Is it my responsibility to pay this back? I used my Hertz company corporate account at the time of my rental and I was gainfully employed with this company at the time. I was assigned by my previous employer to rent this vehicle for a business trip and my personal credit card was not used at the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 11, 2017

You'd have to look at the paperwork. Start by keeping dealings to the formal hard copy. That slows things down, makes you think. Depending on the amount of the bill you may want to consult a consumer attorney. Www.naca.net

1 Answer | Asked in Collections and Consumer Law for California on
Q: I was served papers yesterday from an old medical bill. I thought the insurance paid it. The date it was filed is Nov 22

It says there's 30 days to respond but obviously that has passed since they just served me yesterday. What am I supposed to do now with this?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 6, 2017

A defendant typically has 30 days to respond to the complaint from the time they're served with the summons, as the summons should say on page 1. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

2 Answers | Asked in Consumer Law, Contracts and Collections for California on
Q: How do I get a collector to accept a settlement offer?

The court documents have $2864 entered as judgment, I have offered $2800, but that was rejected. The collector wants $3200 and are going to garnish my wages, I want to settle before this happens.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2017

It's voluntary for the creditor to accept a settlement offer, so there is no way to per se force somebody to settle. Negotiations is part science and part art. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More

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1 Answer | Asked in Collections, Consumer Law and Health Care Law for California on
Q: If a 3rd party medical care company closes, can a hospital collect on unpaid medical bills from us?

3rd party medical care company says they can arrange for medical care of seamen at a discount to hospital rates if we use them to arrange for medical care of the clients we handle, in this case seamen (crew members on container vessels who need medical care during their port stay). 3rd party... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

You'll have to gather proof of all related contracts, payments, and bills. An attorney should cleanly communicate such information to the collection agency for resolution. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Collections for California on
Q: What type of case is: Other Personal Injury (Limited Jurisdiction)

I received notice via 3rd party (not subpoena) that a suit had been filed against me in the LA County Superior Court. I have no idea what the lawsuit is about, but the Case Type is listed as OTHER PERSONAL INJURY (Limited Jurisdiction). What type of suit would this be?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 3, 2016

You should read the Complaint which should be available at the Court Clerk's Office; and you should be timely served with a copy of it by the opposing party. Limited Jurisdiction refers to the ceiling on the amount of damages. See for example:... View More

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