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California Collections Questions & Answers
1 Answer | Asked in Collections for California on
Q: I received a collection notice for a no insurance ticket from 2004 I didn't go to court my license was suspended 2005

Is there a statue of limitations and can my license be suspended again

Andy Chen
Andy Chen
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

1 Answer | Asked in Collections for California on
Q: i have a won a judgement from a trucking company, can i file a lien on money owed the company for loads they have hauled

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

Andy Chen
Andy Chen
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

1 Answer | Asked in Collections for California on
Q: My father loaned his brother 90,000 dollars about 5years ago. No written note between them,just word of mouth.

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?!

Andy Chen
Andy Chen
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

1 Answer | Asked in Collections for California on
Q: Hello,Need advice on Writ of Execution based on wage. I head that is he is self employed this is not the best route.

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?

Andy Chen
Andy Chen
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

1 Answer | Asked in Collections for California on
Q: how much time should I give the jugmentdebtor to get back to me after the examination of the enforcment of judgment?
Mr. Robin Mashal
Mr. Robin Mashal
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?

1 Answer | Asked in Collections for California on
Q: I received a entry of default from my creditors attorneys. Can I jusy go back paying monthly ? To stop this lawsuit ?

I'm young I don't have much money to get a lawyer .

Mr. Robin Mashal
Mr. Robin Mashal
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...
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1 Answer | Asked in Collections for California on
Q: I just received an entry of default ? What do you do next ?

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.

Mr. Robin Mashal
Mr. Robin Mashal
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....
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1 Answer | Asked in Collections for California on
Q: May a tenant whose rent is being garnished repair and deduct?

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?

Mr. Robin Mashal
Mr. Robin Mashal
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...
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1 Answer | Asked in Collections for California on
Q: need a lawyer to help ollect and enforcement of a court order Judgement

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

Mr. Robin Mashal
Mr. Robin Mashal
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...
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1 Answer | Asked in Collections for California on
Q: Can I garnish a self-employed individual's house rent or car loan payment?

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

Mr. Robin Mashal
Mr. Robin Mashal
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...
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1 Answer | Asked in Collections for California on
Q: Can judicial council form AT-180 Notice of Lien, be filed in federal court?
Mr. Robin Mashal
Mr. Robin Mashal
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...
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1 Answer | Asked in Collections for California on
Q: My house was foreclosed 3 years ago and I recently started receiving statements from a lending company asking for $98000

Do they have a right to collect any money in California?

Mr. Robin Mashal
Mr. Robin Mashal
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...
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1 Answer | Asked in Collections for California on
Q: How can i find a case number filed in the superior court?

I dont know where is the lawsuit from it has my name, case #, county, and date filed

Andy Chen
Andy Chen
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

1 Answer | Asked in Collections for California on
Q: If someone owes me 100,000$, and they own a million dollar home, can a judge make them sell their house to pay me?

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.

Ray Beckerman
Ray Beckerman
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

1 Answer | Asked in Collections for California on
Q: If both my x husband and I jointly own both of our home, but the court ordered him to pay the loans in a timely manner

And he doesn't pay them or dies, do I have to pay them.

Charles Snyderman
Charles Snyderman
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

1 Answer | Asked in Collections for California on
Q: How do I contact the Levying Officer?
Terrence Jay Moore
Terrence Jay Moore
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

1 Answer | Asked in Collections for California on
Q: Can a bank collect on an a 2nd. after the first t. d. holder forecloses on the property? The same bank held both liens.
Terrence Jay Moore
Terrence Jay Moore
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

1 Answer | Asked in Collections for California on
Q: Does California have the right to suspend all lisences, drivers lisence, nursing, and pharmacy lisence. If owed money
Terrence Jay Moore
Terrence Jay Moore
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...
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1 Answer | Asked in Collections for California on
Q: If I pay off a collections agency is it legally required to remove the associated negative entry from my credit report?
Terrence Jay Moore
Terrence Jay Moore
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

1 Answer | Asked in Collections for California on
Q: Whats the statue of limitation on credit card dept collection

Some creditor is trying to collect a 12year old credit card debt that's not even on any of my credit reports

Terrence Jay Moore
Terrence Jay Moore
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

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