Get free answers to your Collections legal questions from lawyers in your area.
Is there a statue of limitations and can my license be suspended again
answered on Apr 16, 2015
If this is a ticket that you didn't pay, the fine along with all the interest, penalties, etc has likely been handed over to the Franchise Tax Board. They usually are pretty good about hounding people (e.g. seizing tax refunds, etc). I would expect that you'd have to pay off the fine,... View More
i won 36,400 from my x-employer for wages and my tools that he kept and refused to let me get when i quit working for him. the judgement reads me vs john doe an individual dba name of trucking company. i want to intercept the payment they will receive from a place they haul from. can i do this if... View More
answered on Apr 16, 2015
You should go get something called an assignment order through the courts which forces the employer to hand over their income (i.e. accounts receivable) to you. It looks like Code of Civil Procedure section 708.510 is a good place to start.
Andy
He stopped making payments on the loan a year ago and refuses to pay! Other family members knew of this loan. What do we do?!
answered on Apr 16, 2015
You'd have to sue. The good news is that the brother was paying up to a year ago. Hopefully your other family members will get involved and be witnesses. Hopefully records of the brother's payments exist in some form. The mere fact he made payments should hopefully prevent him from... View More
I dont have his financial information. He owns a furniture store and it is a corporation so he is one of the owners. I heard that if he is self employed the writ of execusion based on his wage is not the best way to get my money back. Is this true?
answered on Apr 16, 2015
A wage garnishment assumes the target receives a steady wage (e.g. is a W-2 employee). If the target is self-employed, a wage garnishment doesn't work. If you don't have the target's financial information, have you done an order of examination? Have you sent out subpoenas to banks... View More
answered on Mar 19, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Your question is not clear. What is the JD supposed to get back to you with?
I'm young I don't have much money to get a lawyer .
answered on Mar 1, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Your question is not very clear to. If you have been served with Summons and Complaint, you have only 30 days to file a responsive pleading or risk entry of default against you. You... View More
I don't have money for a lawyer. I'm in school full time. It says I have to respond . What do I do? Can I just pay them the 100 dollars I do have so I won't get sued. Or is it to late ? Thanks for your help.
answered on Mar 1, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Your question is not very clear to. If you have been served with Summons and Complaint, you have only 30 days to file a responsive pleading or risk entry of default against you.... View More
I have a judgment against the owner of a rental property. The tenants has been served with notice of a rent garnishment. They claim that the property is in need of repairs which the owner has failed to remedy. May the tenant legally withhold funds to pay for the repairs?
answered on Feb 16, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If the tenant is entitled to repair and deduct, she/he may do so regardless of the garnishment in effect. Repair-and-deduct procedures apply in very limited circumstances as set... View More
i need a lawyer to represent me against debtors , that i have won a court order Judgement against the debtors . i am living in Los Angeles , Ca . THANK YOU FOR YOUR HELP
answered on Feb 6, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You can find an attorney by searching online (e.g., justia.com, avvo.com, lawyers.com) for attorneys who practice enforcement of judgment. You can also contact one of the local bar... View More
I won a California small claims case against an individual who has not paid me. An Order of Examination reveals he has no assets (bank account, credit cards, property, etc.) All his transactions are in cash. Can I submit a Writ of Execution against his landlord or car loan company to get the money... View More
answered on Feb 6, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You can order the Sheriff to levy upon this debtor's property or wages. The debtor presumably has liabilities to his landlord (i.e., rent) and to his car loan company (i.e., car... View More
answered on Jan 8, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Yes, apparently the District Courts in California allow that form to be filed. In fact, the form is available on the U.S. District Court for Central District of California's... View More
Do they have a right to collect any money in California?
answered on Dec 24, 2014
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
That depends on the type of the loan. In California, a lender cannot collect deficiency on a purchase money loan. On other secured loans, however, the lender may pursue borrower... View More
I dont know where is the lawsuit from it has my name, case #, county, and date filed
answered on Dec 19, 2014
So, you know the case number and the county in which it was filed along with the date filed? You have to go back to the courthouse in that county to look up the case file itself and review the papers in there. It will most likely be a county in which you lived or did business in previously.
Andy
A woman owes me 100,000$ (i have a contract that she signed). I want to know how i can make her sell her house so that she can pay me. I also want to know how i can get a lawer.
answered on Sep 4, 2014
Laws for these type of procedures vary from state to state, but probably you would have to sue the person for the money, and get a judgment. Then, once you have a judgment, you can go about enforcing the judgment, which would include levying on nonexempt assets of the judgment debtor. You can find... View More
And he doesn't pay them or dies, do I have to pay them.
answered on Jun 24, 2014
We really need some additional information. Assuming, however, that the loans you are referring to are mortgages against your home, then you probably signed a Note and a Mortgage. Although the Court Order sets the responsibility between you and your Ex, it does not affect your obligation to the... View More
answered on Nov 23, 2013
Their phone number is on the paperwork they dropped off with you or you can just google the marshal or sheriff in the county where you live.
If you like my comments PLEASE share my website.
http://taxbizlawyer.com/civil-litigation-orange-county.htm
answered on Nov 23, 2013
Yes, they can because you still had an agreement with them. This doesn't mean you can not work a deal out with the second or bankrupt the debt. The other issue is if you have no debts that they can go after then let them sit. They can't take anything from you and after awhile they... View More
answered on Nov 23, 2013
Unfortunately, the general answer is yes. However, if you contact the State they will work out a payment agreement with you so that they will revive your licenses. You should contact them and be prepared to show your present finances.
If you like my comments PLEASE share my... View More
answered on Nov 23, 2013
No they are not required to remove the negative reporting unless there was an agreement in writing. However, they have to report the matter as settled, resolved or paid
If you like my comments please share my website.
http://taxbizlawyer.com/civil-litigation-orange-county.htm
Some creditor is trying to collect a 12year old credit card debt that's not even on any of my credit reports
answered on Nov 23, 2013
The statute of limitations is generally four years. It can be extended on certain occasions but 12 years is too excessive. I would challenge their claim.
If you like my comments share my website.
http://taxbizlawyer.com/civil-litigation-orange-county.htm
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.