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California Collections Questions & Answers
1 Answer | Asked in Employment Law, Collections and Employment Discrimination for California on
Q: Can I get sued for $1200

I worked for a company doing landscaping and now my ex employer is threatening me with filing a claim he led me on believing I was going to be paid and ended up telling me he’s not going to what can I do in this situation? Should I be worried? Thanks in advance

Neil Pedersen
Neil Pedersen answered on Mar 9, 2020

It is a common tactic for an employer to attempt to scare the employee from making a legitimate claim for wages owed or other money by threatening to sue the employee. Now if you borrowed money from the employer, or maliciously caused damages to employer property, there might be a legitimate... Read more »

1 Answer | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 5, 2020

Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »

Q: Do i have to pay $180 charge for a toilet snake my Apt's Maintenance charged me for a toilet paper tube accidently flush

Toilet seat sits 1ft from the dispenser - toilet paper tube accidently fell into toilet when pulling off empty roll and subsequently got flushed. Caused slow flush to happen but not a full clog.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 26, 2020

If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Constitutional Law for California on
Q: Convicted of a crime I did not commit, I do have prison priors, +I'm on bail now. What should I do?
Dale S. Gribow
Dale S. Gribow answered on Feb 17, 2020


1 Answer | Asked in Civil Litigation and Collections for California on
Q: I am looking for legal help in dealing with a defendant from which I collected a judgement a few years ago.

The defendant is harassing me to file an EJ-100 (in Alameda, CA) which she was not entitled to as she still owed about $1000. I decided to file the EJ-100 (but did not notarize the form) is it wasn't worth trying to collect the debt. Do I need a notarized version? She is demanding that I... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

On number one, the ship has probably sailed on that. you don't generally get do overs in Court. If you do it wrong the first time, you have to live with the consequences. An appeal can be possible, but only if the Court erred, not if you did. As for the rest, follow the Court order. I... Read more »

3 Answers | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for California on
Q: Could a debt collector try to collect on debt that is 8yrs and that was included in a bankcruy?
Donald M Barker
Donald M Barker answered on Feb 12, 2020

He can "Try" all day long. However, due to the BK and most likely the Statute of Limitations on collecting original debt, he has no legal standing to collect via judicial proceedings.

Send him a "writing," instructing him not to contact you again, and he must stop, by law.

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1 Answer | Asked in Estate Planning, Civil Rights, Collections and Domestic Violence for California on
Q: We had listed on the form when we fill out that fees be paid by the respondent. The attorney was hired after and we told

We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

your missive is confusing.

the person to ask re the other side paying your legal fees would be your lawyer who has all of the info in front of him/her.

1 Answer | Asked in Family Law, Civil Rights, Collections and Gov & Administrative Law for California on
Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest

my children's mother has a new child with the relative of a judge believed to be in the family law division.

Mike Darlington
Mike Darlington answered on Dec 25, 2019

Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.

If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might...
Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: how to collect judgement against my former employer

I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.

Am I better off trying to sell off my judgement

Neil Pedersen
Neil Pedersen answered on Nov 30, 2019

Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.

It is impossible for anyone...
Read more »

1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.

I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... Read more »

William John Light
William John Light answered on Nov 25, 2019

You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.

1 Answer | Asked in Collections for California on
Q: Can a collection agency come after you if the dept is over 4 years old for hospital bill under $2000,00?
Barak J Berlin
Barak J Berlin answered on Sep 26, 2019

A collection agency can essentially ask you nicely for the money at any time. However, if the debt is past the statute of limitations (i.e. you haven't made payments for over four years), then they cannot make any misleading statements. This would include threats to sue you for the past due... Read more »

2 Answers | Asked in Contracts, Business Law, Collections and Intellectual Property for California on
Q: I invested in a UK company, then the founder moved to the US and re-formed without notifying me.

I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 16, 2019

It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... Read more »

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1 Answer | Asked in Workers' Compensation and Collections for California on
Q: Awarded a year of back pay from my job 2018 with everything included ( OT, holidays , sick leave)Now no answers.

I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .

Neil Pedersen
Neil Pedersen answered on Aug 23, 2019

Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... Read more »

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on
Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price
Richard Samuel Price answered on Aug 22, 2019

In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.

2 Answers | Asked in Tax Law and Collections for California on
Q: I cancelled an inactive LLC but still have back-tax/penalty notices coming in. What can happen/what is my best recourse?

The notices were going to a location where I do not live (went to my ex-partner's parents house), and I just got my hands on the notices that say we owe thousands. This LLC was only active for a few years, as a production-company shooting a series, and unfortunately, the entity wasn't... Read more »

David S. Greenberg
David S. Greenberg answered on Aug 14, 2019

It is quite possible that you will be insulated from personal liability for the tax obligations of the LLC.

If you would like to discuss this in detail, please call my office to schedule a free initial consultation.

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1 Answer | Asked in Consumer Law, Contracts and Collections for California on
Q: Can Reverse Mortgage Distributions be garnished by general creditors?

Distribution is a single payment after refi

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2019

Which question do you want us to answer?

1 Answer | Asked in Collections and Consumer Law for California on
Q: Can I send someone to collections if they have a lien? Charge interest and fees?

I am a Doctor in SF, CA.

I have a granted a lien to a patient and her attorney 3 years ago.

The attorney and client stopped communication with me recently for no reason.

Can I send this account to collections even though they have a lien?

If so can I charge interest... Read more »

William John Light
William John Light answered on Aug 6, 2019

You are entitled to reasonable updates on the status of the claim. If you aren't getting that, file suit against the attorney and client for breach of contract. You are entitled to pre-judgment interest in a lawsuit. As far as a collection matter, before lawsuit, you would be limited to... Read more »

1 Answer | Asked in Consumer Law and Collections for California on
Q: Are we still Responsible TO PAY ATT for our business line AFTER A YEAR OF THEM NOT BILLING OR NOTIFYING US?

Early 2018 they were overcharging our acct & said they have a right to change rates anytime! ATT then offered another plan which was really similar to what we had with the original rates. They said there would be readjustments & credits initially sent & it would balance out. I re-... Read more »

William John Light
William John Light answered on Jul 26, 2019

You have an obligation to pay for services rendered whether ATT&T mailed you a bill or not. You obviously knew that you received the services and that payments was due. You could have contacted the billing dept. at any time. Whether you are responsible for late fees or can reach some... Read more »

1 Answer | Asked in Collections and Small Claims for California on
Q: If a $50,000 bond is disbursed thru numerous claimants in a case?

how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??

Vernon Charles Tucker
Vernon Charles Tucker answered on Jul 17, 2019


Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!


Vernon C. Tucker, Esq.

Member California Bar

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