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California Collections Questions & Answers
1 Answer | Asked in Traffic Tickets and Collections for California on
Q: Calif. Fta cited exp lic & ins. Crt website shows 4-23-20, during quarantee. No reschedule. Advice?

Public Notice states court w reschedule, didn't happen. Now in collections wanting pmt in full. Car was not mine, I didn't get my day in court. Court clerk won't calender me.

James L. Arrasmith
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answered on Sep 2, 2023

You should act promptly to address the failure to appear and the collections issue. One option may be to file a motion to vacate the failure to appear and default judgment, explaining the circumstances and any COVID-19 related court closures or rescheduling failures that affected you. It's... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for California on
Q: Unused subscription forgot to cancel, 5 months has been charged and unable to pay. What to do?

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

Martha Warriner Jarrett
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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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2 Answers | Asked in Civil Litigation, Collections, Copyright and Intellectual Property for California on
Q: Can a "judgment creditor" take my unfinished manuscript from me before I finish it or try to sell it?

I have a debtor exam and need to list assets and produce documents. I don't have much in real assets so with my salary it could take years to pay off this debt. The creditor who got the judgment used to be my neighbor. He knows I write on the side and literally asked about my... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 31, 2023

There may not be the ability to lien the asset, the unfinished manuscript can be considered an asset. It may have no or minimal value. You might be able to pay the debtor for the value of the item as it currently has.

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2 Answers | Asked in Arbitration / Mediation Law, Collections, Gaming and Lemon Law for California on
Q: 2004 Weekly Grand non-registered "Entry to the Big Spin", Lottery Ticket Mailed directly to CA Lottery in the usps.

$20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.

Leon Bayer
Leon Bayer
answered on Jul 15, 2023

What is your question?

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1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

This is awful. You need to contact the utility immediately to have service restored in your own name. Deduct from rent what you must pay. Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney... View More

2 Answers | Asked in Landlord - Tenant, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Leon Bayer
Leon Bayer
answered on Jul 8, 2023

You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your... View More

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Q: $80,000 Wage garnishment CA EDD,TEUC Act of 2002 benifits. help?

I never recieved the initial Overpayment notice ,they say it was discovered in 2003. I know its not fraudulent. In 2001 I had all my phone interviews and they checked with former employer.The teuc extension was sent to me to fill out since I qualified.

I did not file an appeal because I... View More

James L. Arrasmith
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answered on Jun 27, 2023

It seems you're facing a wage garnishment in California related to an overpayment issue from the Employment Development Department (EDD) and TEUC Act of 2002 benefits. Unfortunately, you didn't receive the initial overpayment notice, and it's important to understand the details of... View More

1 Answer | Asked in Small Claims and Collections for California on
Q: I am being sued by a creditor that bought my debt after original creditor refused to work with me to catch up on it

I had been trying to work with them for six months with no responses to my letters. I sent a third letter asking to follow up on previous letters and I received a letter of sale from the creditor. The debt was a result of my business failing and having to go back to a regular job. All other... View More

James L. Arrasmith
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answered on Jun 20, 2023

When dealing with a new creditor who purchased your debt, it's important to take a few steps. First, carefully review the letter of sale to understand any changes to the terms of the debt. Next, initiate open communication with the new creditor, expressing your willingness to work towards a... View More

1 Answer | Asked in Collections for California on
Q: Can they repo ur car off private property w/ posted signs “Do not enter” and “Authorized vehicles only” at entrance road

Repo came to my work which is on private property and has posted signs at the private entrance road that leads to property that say “do not enter” and “authorized vehicles only” in a unmarked pick up truck and drove off with my car. Is that legal?

James L. Arrasmith
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answered on Jun 19, 2023

In California, a repossession agent can repossess a vehicle as long as they do not breach the peace. Breaching the peace means using force, threats, or intimidation to take possession of the vehicle.

If the private property where your car was located had posted signs that clearly indicated...
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3 Answers | Asked in Consumer Law and Collections for California on
Q: I'm in L.A County. I wish to sue for fraud/extortion in Orange Co. Can I file the complaint my county, or Orange Co.?

I just need to know, if I'm in Los Angeles County and the Defendant is in Orange County, can I file in L.A or do I need to travel and file in the local court in Orange County.

Robert Kane
Robert Kane
answered on Jun 1, 2023

"Usually, venue is in the county where:

The person you are suing lives or does business (if you are suing a business or organization); or

The dispute arose, like where an accident happened, or where a contract was entered into or broken.

It is possible to have a...
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1 Answer | Asked in Business Law, Collections and Entertainment / Sports for California on
Q: Hi. An Indian citizen here. I wanted to inquire about how to proceed with a pending invoice still not paid by agency.

The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.

James L. Arrasmith
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answered on May 31, 2023

In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... View More

1 Answer | Asked in Collections for California on
Q: if a summons was left at my door was I truly served? I live in California.
James L. Arrasmith
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answered on May 26, 2023

In California, being served with a summons typically requires personal delivery to the individual named in the lawsuit. However, substitute service may be valid if the person cannot be personally served and the summons is left with someone of suitable age and discretion at their residence or... View More

3 Answers | Asked in Collections for California on
Q: I need to send a subpoena for documents to my bank. How do i do that ?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

On every Superior Court website there is a link to "Forms." You need to go to the Judicial Council forms and get a Subpoena duces Tecum. Every superior Court also has a window for "Self Help" in the clerk's office that can assist you by providing you the forms. but they... View More

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1 Answer | Asked in Collections for California on
Q: Can creditor put a account freeze or bank levy on fraudulent transferee's bank account?

I won judgment against debtor in the amount of $170K, debtor refuses to pay for 7 years

Now I find a debtor's past bank account A, I am in the process of put bank levy on this account A.

However, if this bank account A is closed by the debtor, and I can trace to a target... View More

James L. Arrasmith
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answered on May 16, 2023

Fraudulent Transfers: If you have evidence that the debtor engaged in fraudulent transfers, you may have legal recourse to recover the transferred assets. Fraudulent transfers involve intentionally transferring assets to another party to avoid creditors. Laws regarding fraudulent transfers vary,... View More

5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... View More

Leon Bayer
Leon Bayer
answered on May 10, 2023

It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?

I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should...
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Q: What can I do when I've now suffered mental duress, and financial debt, and am facing eviction, due to a late settlement

Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... View More

James L. Arrasmith
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answered on Apr 25, 2023

It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.

It's important to keep all documentation related to your case and settlement, including...
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1 Answer | Asked in Collections and Probate for California on
Q: If a beneficiary has an inheritance advance, does that affect the litigation of a probate case?

Last parent died interstate (no will.) Two siblings. The administrator of the estate is not following the court's guidelines for administration. One example is the administrator let her family move into the home prior to inventory and never allowing any of the beneficiary's access to... View More

James L. Arrasmith
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answered on Apr 21, 2023

If a beneficiary has received an inheritance advance, it may impact their ability to challenge or dispute the administration of the estate, depending on the specific terms of the advance and the applicable laws in the jurisdiction.

In general, an inheritance advance is a type of loan that...
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2 Answers | Asked in Consumer Law, Business Law, Collections and Small Claims for California on
Q: I won Car wash shop, How to Collect money.

A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2023

If you are serving an order for a debtor's examination, it must be served on the examinee, personally. The owner may be the best person, but other people might also be able to provide this information.

To collect the judgment you can hire the Sheriff's office to take money out of...
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1 Answer | Asked in Collections for California on
Q: I am being sued for by debt collector. last payment on the account was made in January 2019 is it past the 4years?

Case was Electronically filed with the court on 3/07/2023.

James L. Arrasmith
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answered on Apr 9, 2023

In California, the statute of limitations for a debt collector to file a lawsuit on an unpaid debt is typically four years from the date of the last payment made on the account. If the last payment on the account was made in January 2019, it is possible that the statute of limitations has expired... View More

2 Answers | Asked in Collections and Real Estate Law for California on
Q: Failure of property management company led to HOA debt collection

I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... View More

Yelena Gurevich
Yelena Gurevich
answered on Apr 4, 2023

You may not be able to pursue this against the realty management company. Technically it is your responsibility to make sure the HOA is paid timely. You could have/ should have contacted the HOA company and informed them of updated contact information. It’s not clear whether the realty company... View More

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