Get free answers to your Collections legal questions from lawyers in your area.
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
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
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
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 21, 2024
Here's what "et al." means and how it's used in legal contexts:
When you see "et al." in legal documents or court cases, it stands for "et alia" or "et alii" in Latin, meaning "and others." You'll often encounter this term... View More
answered on Oct 30, 2024
Social security is exempt from Collection. If there is a bank levy look into a claim of exemption.
The registration was due while in their possession, Thats why I started to call about it, I needed to know how long until I would have it back or if there was a specific way to inform the CA DMV about the situation which I stated in my voicemail as well. I know Ill never get my car back now :(... View More
answered on Sep 30, 2024
You may sue the police, (or the city) for the value of your car and your personal property that was in the car. Small claims court might be a good place for your suit. There are strict time limits and notices that must be given to a governmental entity before you are allowed to sue it. You will... View More
My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More
answered on Sep 30, 2024
You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
I noticed that I’m being sued by a lawyer because I received a bill being charged for small claims they filed with the court but I have never been served. It’s possible the lawyer sent a summon to my old address but I haven’t lived there since May and not sure how to go about it now. What can... View More
answered on Sep 30, 2024
Look into a motion to set aside the judgment for failure to lawfully serve the lawsuit.
If I do nothing and do not pay the fee to remove my vehicle from this lot, can the towing company place a lien on my property?
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answered on Sep 25, 2024
No, a towing company cannot directly place a lien on your home. If you don’t pay the fee for your vehicle, the company has the right to keep your car until payment is made or potentially sell it to recover their costs, but this action doesn't extend to your other property like your home.... View More
I'm trying to challenge this lawsuit under the basis that the collector/plaintiff lacks standing. The bill of sale names the issuer of the account (original issuer) but it does not mentions my name or account number. Document states that a list of account sold under the bill of sale is... View More
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answered on Sep 19, 2024
You can challenge the lawsuit based on the plaintiff's lack of standing if they cannot prove a proper chain of title for the debt. The fact that your name or account number does not appear in the bill of sale or assignment document is important. It suggests the plaintiff may not have enough... View More
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answered on Sep 15, 2024
In California, a judgment is valid for ten years from the date it was entered. After ten years, it is no longer enforceable unless you take action to renew it before it expires. To extend the judgment, you need to file a renewal request with the court where the original judgment was entered. This... View More
The foreclosure trustee's attorney suggested I contact an attorney. This is in San Joaquin County, California
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answered on Sep 13, 2024
To access excess funds from a foreclosure, the first step is determining if the funds are still available. In California, excess funds are held by the trustee who conducted the foreclosure sale, and typically they are released to junior lienholders or the previous homeowner if unclaimed. Since your... View More
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answered on Aug 21, 2024
If you're facing a billing dispute related to your residential tenancy, it's important to address the issue quickly. You might be dealing with overcharges, unexpected fees, or an issue with utilities that you believe are unfair. Gathering all relevant documents, such as lease agreements,... View More
I Used San Diego Court calculator, to input costs, and calculate accrued interest on Judgment. This online calculation incorporated the costs in determining accrued interest. Is this acceptable before costs are approved?
Costs approved by the court are included as part of the judgment... View More
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answered on Aug 19, 2024
When filling out Form MC-012 for Memorandum of Costs, you should not include interest on costs that haven't yet been approved by the court. The accrued interest you calculate should only be on the principal judgment amount. Once the court approves the costs, they will become part of the... View More
MC-012 Form #3: "Accrued Interest remaining due. I declare interest accruing at the legal rate of 10% on the unpaid principal amount of ___X__"(This is clear that I fill in the principal.)
However, 2nd part of #3 is confusing -- do I fill in the amount of accrued interest or... View More
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answered on Aug 19, 2024
For the second part of #3 on the MC-012 form, you should fill in the amount of accrued interest, not the principal. The form's first part already covers the principal amount, and the second part focuses on how much interest has accumulated based on that principal. So, in the blank for... View More
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answered on Aug 15, 2024
When your father passed away, his Employee Stock Ownership Plan (ESOT) became part of his estate. You’ll need to follow the proper steps to transfer the ESOT to yourself or the appropriate heirs. Typically, this process involves contacting the ESOT administrator to notify them of your father’s... View More
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