Get free answers to your Collections legal questions from lawyers in your area.
After a judgment was made can u request lower payments if u been paying for two years and simply can’t afford to pay the amount u
Been paying
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answered on Aug 15, 2024
In California, a debt collector can place a lien on your home if they have obtained a judgment against you in court. This means they successfully sued you for the debt, and the court ruled in their favor. Once they have the judgment, they can record a lien, which can affect your ability to sell or... View More 
I’m appealing a civil unlimited debt collection case where a third judge, clearly unfamiliar with the complex narrative, granted Plaintiff's MSJ. This was the Plaintiff's second MSJ in a short time. The judge weighed evidence and judged credibility during the hearing. The debt, related... View More
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answered on Aug 9, 2024
It sounds like you’re facing a challenging situation with your appeal. Since the judge granted the plaintiff's motion for summary judgment (MSJ) without allowing your case to go to trial, it's crucial to focus on the procedural issues that may have violated your due process rights. You... View More
After months of trying to get papers I reached out to fiance company who stated they dont offer financing for items requiring registration 125cc quad.stopped payments and it's been attached to credit. Fiance company has listed recently it as a prohibited item
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answered on Aug 8, 2024
Under California law, if a merchant misrepresented themselves and sold you an item that requires registration, you may have grounds to dispute the transaction. Since the finance company has confirmed they do not finance items requiring registration and the ATV was listed as a prohibited item, this... View More
I was activated 3 times recently. Twice for overseas deployments in 2019 and 2022, plus 1 time for training in 2022. All 3 times, my request was denied verbally, never in writing. I submitted the letters prepared by JAG and they said, we do not honor that. Only USERA. I made a request for a reply... View More
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answered on Aug 2, 2024
Under California law, you have several options to address this situation. The California Military Families Financial Relief Act provides specific protections for service members, including deferring payments on certain obligations like auto loans during periods of military service. Since your... View More
Judgement says the tenant does not pay anything to anyone, no withholdings and now the tenant is getting a collection bill from the plaintiff's attorney's collection department saying the past due has not been paid and they are calling the tenant on the phone leaving voicemail messages.... View More
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answered on Aug 1, 2024
You need legal assistance to address a billing dispute arising from a previous eviction judgment. The judgment states that you owe nothing, yet you’re receiving collection calls and bills. This situation requires immediate attention to prevent further harassment and incorrect billing.... View More
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answered on Jul 30, 2024
Debt collection practices are regulated by both state and federal laws. For a debt that is six years old, it is important to first determine if the statute of limitations has expired. In California, the statute of limitations for most consumer debts is four years from the date of the last payment... View More
To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More
answered on Jul 18, 2024
Thank you for your question!
If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial... View More
i paid over $3,000 for his creamation etc. Am I entitled to pay myself back
from his 1-2000 before paying his creditors from his estate. they would get no money
am i suppose to do some kind of probate and if so where and how. we live in california
thank you
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answered on Jul 18, 2024
I'm sorry to hear about your loss. In California, since your brother didn't have a will, his estate will go through the probate process, even if the amount is small. You can use a simplified procedure for estates worth less than $166,250. This can be done by filing a small estate... View More
This was a SHOCK, previously we'd contacted the original creditor, in 2017/2018/2019/2021 and even the lawyer in 21'. They were notified of fraud in 2017, and again in 2018 (4 days after they allegedly served us, cap 1 said they were investigating it" I requested validation of the... View More
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answered on Jul 18, 2024
Given your situation, it seems you have strong evidence indicating fraud and improper service. Given that, you should definitely consider petitioning the denial of your exemption. This is especially true if the garnishment will prevent you from meeting your basic needs.
You’ve already... View More
To start making payments to me but has flaked out for 4 months now. CanI sue him & get a judgement in my favor
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answered on Jul 18, 2024
Yes, you can sue your friend in California for the money owed. Since the loan was agreed to be repaid by April 2024 and the payments have not been made for four months, you have grounds to file a lawsuit. You can file a claim in small claims court, which handles disputes involving amounts up to... View More
I understand to have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012). On this form, you must include the exact amount of all allowable costs, the payments credited toward the principal and interest, and the amount of accrued... View More
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answered on Jul 18, 2024
When filing a Judgment Memorandum of Costs in California using Form MC-012, you are not required to include receipts with the form itself. The form requires you to list the exact amount of all allowable costs, any payments credited toward the principal and interest, and the amount of accrued... View More
Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More
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answered on Jul 18, 2024
Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More
This is a CA Court Judgment. Underlying Judgment includes Attorney Fees that were awarded.
Regarding costs of collection (NON LEGAL FEES) - Do I need to include receipts?
Regarding legal fees costs -- Do I need to include receipts?
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answered on Jul 18, 2024
When submitting Form CA Judgment MC-12, you need to list your expenses, but it’s crucial to follow the specific requirements for documentation. For costs of collection that are not legal fees, such as process server fees or court filing fees, you should include receipts to substantiate these... View More
CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?
answered on Jul 8, 2024
Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.
For example, for statutes of limitations for civil causes of action that exceed 180 days, if the clock should have started on 04/06/2020, with COVID-19 Tolling it now does not start until 10/02/2020? Similarly, 5/3/2020 would now be 10/29/20? Thank you!
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answered on Jun 26, 2024
Based on California Emergency Rule of Court 9 regarding COVID-19 tolling, your understanding is correct. Here's a breakdown of how the rule works:
1. The emergency rule tolled (suspended) statutes of limitations for civil causes of action from April 6, 2020, to October 1, 2020 (a total... View More
Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming annuities and IRAs are exempt. Note that EX... View More
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answered on Feb 3, 2024
Given the complexity of these issues and the potential for significant financial consequences, consulting with a legal professional who can provide advice tailored to your specific situation is advisable. They can help navigate the legal landscape, including analyzing relevant case law and statutes... View More
Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex breached fiduciary responsibility and to pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming... View More
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answered on Feb 3, 2024
Given the complexities involved and the potential for both state and federal laws to impact the outcome, seeking tailored legal advice is crucial. This approach will help ensure that any actions taken are in compliance with applicable laws and regulations.
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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 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
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
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