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answered on Feb 22, 2024
In California, there are specific laws and regulations that govern how often a lawyer or a creditor can contact you regarding a debt, including a secured loan. The frequency of these calls is not explicitly limited to a specific number per day or week, but the law does protect consumers from what... View More 
I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?
Can Florida... View More
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answered on Feb 3, 2024
Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees,... View More
After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.
For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest... View More
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answered on Feb 3, 2024
In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that... View More
Is the reason they didn't contact me cause they aren't reporting for 6 months? That's what the lady to me on the phone. Also that I need to pay half down of the charged account before end of feb
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answered on Jan 31, 2024
In California, a collections agency is not required by law to contact you before reporting a debt to the credit bureaus. The six-month period mentioned could be their internal policy or a specific arrangement related to your case. It's important to note that while they may choose not to report... View More
Discovered mom forged my signature, pawn shop released jewelry to sister's boyfriend. No proper identity verification. Mother's false domestic abuse story hinders retrieval. She sent me a photo with the jewelry. Surveillance footage shows her handing it over when I pawned it. Manager... View More
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answered on Jan 17, 2024
In your situation, several legal issues arise under California law, including forgery, identity theft, and potential liability of the pawnshop. California Penal Code sections 470-483.5 address forgery and identity theft. If someone forges your signature without authorization, it's considered a... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order for stolen retirement benefits considered... View More
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answered on Jan 10, 2024
In the context of California Family Law, an order or judgment for misappropriated retirement benefits is not typically classified as "court ordered victim restitution" in the same sense as it is defined for criminal cases. Victim restitution generally refers to compensation awarded in... View More
My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
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answered on Dec 23, 2023
Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is... View More
My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
answered on Dec 25, 2023
Things like this normally go through a process of sending you a series of collection letters, and if not paid will eventually go to a collection agency or lawyer. Nobody is going to make a big deal over a $5000 debt unless they can identify assets or income that a court judgment could be enforced... View More
Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of... View More
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answered on Dec 19, 2023
In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of... View More
The debt is small but the debt collector does not have a license listed in Kansas or in CA on their website. I asked her about it and she said her firm must be licensed in CA but said she wasn't sure what it was. She told me to go to her website to get it. The website looks fake and there... View More
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answered on Dec 18, 2023
Under California law, debt collectors attempting to collect debts from California residents must adhere to specific licensing requirements. These regulations are designed to protect consumers from unlawful collection practices. If a debt collector is seeking to collect a debt from you in... View More
When my credit health was decreasing, he lied to me about making car payments. It got to the point where I offered and had sent him money to help pay for the monthly. Since he was responsible for the car, he hadn’t told me he put the car through collections either. He’s also lied about the car... View More
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answered on Dec 13, 2023
Under California law, when you co-sign a car lease with someone, both parties are typically equally responsible for the obligations under the lease, including making payments. If your ex was responsible for making payments based on an agreement between the two of you, and he failed to do so, this... View More
accounts, that levy is done. If there is still a balance due to settle the debt is the freeze lifted after the first grab and then gets freezed again on the second levy? Or is the freeze on accounts still there until the total debt is settled?
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answered on Dec 12, 2023
Under a bank levy in California, if the initial withdrawal by the sheriff from your accounts does not cover the entire debt, the remaining balance can lead to further action. Typically, the freeze on the accounts remains in place until the total debt is settled. This means that if the funds taken... View More
accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds?
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answered on Dec 12, 2023
When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy.
Regarding the SB... View More
money due in n the balance?
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answered on Dec 10, 2023
Under California law, after a bank levy has been executed and funds are seized from your account, the status of the levy depends on whether the debt has been fully satisfied. If the initial grab of funds doesn't cover the entire amount owed, the levy can remain active.
This means that... View More
I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a "debt confirmation" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt... View More
answered on Dec 9, 2023
Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation.
The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person... View More
I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a "debt confirmation" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt... View More
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answered on Dec 9, 2023
In California, if you contest a debt and believe that the "debt confirmation" provided is erroneous, you have the right to dispute it. Initially, you should send a formal dispute letter to the debt collection agency, clearly stating that you dispute the validity of the debt and explaining... View More
some damages I am responsible for which I will pay. But she also made false accusations stating that I'm responsible 4 certain property damages which is not true those damages were already there when I moved in (I have proof - I took pics of previous damages when I moved in & proof of... View More
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answered on Dec 2, 2023
Under California law, if you believe that false charges have been reported against you to a collection agency by your former apartment manager, there are several steps you can take. Firstly, gather all the evidence you have, such as photographs of the pre-existing damages and copies of emails you... View More
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answered on Nov 29, 2023
When you receive a summons from a lawyer representing a collection agency for a charged-off credit card debt, it's important to respond promptly. The summons will include a complaint, which outlines the allegations against you, and a deadline by which you must respond – typically 30 days... View More
The reason I ask is because I know the 3 credit reporting agencies say that medical debt <$500 won't affect your credit.
So even if sent to collections, it won't affect your credit score.
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answered on Nov 26, 2023
In California, unpaid dental premiums, even if less than $500, can indeed be sent to collections. If this happens, it could negatively affect your credit score. When a debt is sent to collections, it typically gets reported to credit bureaus, and as a result, it appears on your credit report.... View More
I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More
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answered on Nov 20, 2023
In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal... View More
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