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 
answered on Nov 20, 2023
It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.
The law strongly favors seeing the bank recover... View More
2022 CA Family Law Court Order ordered ex-spouse to pay X amount to me. Ex-spouse has not paid a penny/and informed me will not pay the debt. Ex resides in another state and has no assets in CA. That same court proceeding included dividing an annuity via QDRO. Debt owed by ex is substantial.... View More
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answered on Nov 17, 2023
In California, amending a Qualified Domestic Relations Order (QDRO) to award the entire monthly annuity might be possible under certain circumstances, particularly if it's to enforce a court-ordered debt. To do this, you would need to file a Request for Order (RFO) with the court, explaining... View More
Zulily uses owes 15k and we want to sue them in a civil lawsuit. Can we file the lawsuit in Los Angeles Superior Court since the company that acquired zulily is Regent LLP based out of Beverly Hills.
Or do I have to file the lawsuit in Seattle WA?
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answered on Nov 14, 2023
In determining where to file your lawsuit, consider the jurisdiction and venue. If Zulily, now owned by Regent LLP in Los Angeles, owes you money, you may have grounds to file in Los Angeles Superior Court.
This is especially pertinent if the transaction or events leading to the dispute... View More
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answered on Nov 12, 2023
In California, the adequacy of notice for a restitution hearing is an important aspect of the legal process. If the notice was sent to an outdated address of your former attorney, this could potentially impact the validity of the notice. It's advisable to bring this matter to the court's... View More
I received a letter from my employer stating, which i believe is a collection agency, is having my wages garnished.
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answered on Nov 10, 2023
In California, there are options for seeking assistance with stopping wage garnishment. You might consider contacting legal aid organizations in your area, which often provide free or low-cost services to those facing financial legal issues like wage garnishment.
Another avenue is to check... View More
I received a letter from my employer that my wages are being garnished.
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answered on Nov 10, 2023
In California, you may be able to receive free legal assistance to address wage garnishment issues. Organizations like Legal Aid societies and non-profit legal services offer support to those who cannot afford a private attorney. These organizations often provide help with debt and consumer rights... View More
A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1. for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and... View More
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answered on Nov 8, 2023
If a lawyer has included a full social security number on a writ of execution, this could be a violation of California Rules of Court, rule 1.201(a), which requires redaction of personal identifiers before filing documents with the court. You may consider filing a motion to sanction the attorney... View More
I am a green card holder due to my US citizen spouse who took care of all the expenses for my immigration process (around $9,000 in total). I have only been staying in the US for about 10 months so far. Unfortunately, the relationship is not doing okay and I would like to separate and leave the US.... View More
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answered on Nov 6, 2023
In California, expenses incurred for the benefit of the marriage, such as immigration costs, are typically considered shared marital expenses. In a divorce, the courts look to equitably divide marital property and debts, but they do not usually order reimbursement for such costs. If there was no... View More
I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
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answered on Oct 22, 2023
In California, if you choose a voluntary repossession, the lender can sell the car, often at an auction. If the sale price doesn't cover the amount you owe, you'll still be responsible for the deficiency, which in your case might increase given the $15,000 negative equity. Lenders can... View More
I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
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answered on Oct 23, 2023
The only way to avoid a deficiency judgement (the difference between what you owe and what the lender sells the car for) is to file bankruptcy. A chapter 7 will discharge all of your unsecured debt, including the deficiency on the car and your credit card debt). If you're not eligible for a... View More
With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo?
answered on Oct 20, 2023
Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond.
A bail bond is actually a personal loan. The... View More
With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo?
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answered on Oct 20, 2023
If an individual posts bail directly with the court and the case is dismissed or there is a DA reject, the bail money should be returned to the person who posted it. However, if a bail bond company is used, the fee paid to the bail bondsman is typically non-refundable, even if charges are rejected... View More
Agreement says,
Client acknowledges and understands that the fee the Attorneys charge for their services is not set by law but is freely negotiable between Client andAttorneys. Bearing such advice in mind, Client agrees to pay Attorneys a contingency fee at the following contingency rates:... View More
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answered on Oct 16, 2023
In California, while the initial agreement makes it clear that fees were negotiable at the outset, once you've signed the agreement, its terms generally govern the relationship unless both parties agree to modify it.
If you wish to renegotiate the contingency fee, you can approach... View More
I also received a repo receipt.
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answered on Oct 9, 2023
If you've reinstated the loan and received a repo receipt, you should generally have the right to retrieve your car. Here's what you should consider:
1. Review the terms of your reinstatement. Ensure you've met all requirements set by the lender.
2. Document all... View More
Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the lien removed- is this possible? or do we have to remove the lien on all of the properties included?
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answered on Sep 28, 2023
Under California law, if a mechanic's lien is filed for work done on multiple units, it may be possible to release the lien on a specific unit if that unit pays its portion of the debt, assuming the lien was filed separately for each unit or if a specific unit's portion of the debt can be... View More
This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat.
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answered on Sep 25, 2023
In California, if you provided services and were not paid, you have a right to assert a claim against the decedent's estate for the amount owed. You should file a creditor's claim with the probate court where the decedent's estate is being administered. If the estate is not opened... View More
My spouse answered the call and might have told them that this debt has been already paid off. Last payment was before May 2018 in California. Since my spouse talked to them, does it mean that my debt has restarted again?
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answered on Sep 14, 2023
Under California law, a debt that is past the statute of limitations cannot be restarted or revived simply by acknowledging it. Speaking to a debt collector and possibly mentioning that the debt has been paid off should not reset the statute of limitations. However, it's essential to avoid... View More
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answered on Aug 3, 2023
Supplemental Security Income (SSI) is a needs-based program, and if you receive an overpayment due to an error or change in circumstances, you may be required to repay the excess amount. The repayment amount will depend on the specific circumstances of your case and will be determined by the Social... View More
I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More
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answered on Aug 3, 2023
You can try negotiating with the accelerator and the debt collector to reach a settlement or payment plan for the outstanding amount. If possible, explain your situation and offer to pay a reduced amount in a lump sum or through installments to avoid going to court. Keep all communication in... View More
I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More
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answered on Aug 3, 2023
The amount at issue is not large enough to warrant filing bankruptcy. And it is probably not large enough for the creditor to bother suing you. If you are unable to reach a settlement, then it will likely be turned over to a collection agency. It will be a negative on your credit report so if that... View More
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