Get free answers to your Collections legal questions from lawyers in your area.
My ex misappropriated my share of retirement accounts granted to me in our CA divorce Judgment. I filed an RFO in Family Court which he hired counsel and responded to but lost. I now have a Court Order that states he breached his fiduciary duty & orders him to pay me a specific $ amount: what... View More 
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answered on Apr 1, 2023
In California, a Family Court Order is a final and enforceable judgment, but its enforceability may be limited outside of California. To enforce the order in Florida, you would need to domesticate it in accordance with Florida law. This involves filing the California order with the appropriate... View More
I have a trial setting conference sechuled for April 5th. I just received a case management statement from the petitoners attorney. I'm not sure if I need to file one as well? Or do I need to file a Trial Setting Conference Statement?
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answered on Mar 29, 2023
If you are the defendant in a limited civil case for collections and have a trial setting conference scheduled, it is important to review the local court rules and procedures to determine whether you need to file any forms or documents prior to the conference.
In general, defendants in... View More
California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be... View More
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answered on Mar 24, 2023
In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.... View More
going thru 2 years of a malicious
landlord ex. last he falsly reported me and added 5 others to pay him for eviction aftermath and mayhem. during covid, noone was evicted his ud denied. yet he filed a 39,000 demand to col AGENCY. CAN I SUE COLL AGENCY, I ALREADY TRIED sc COURT HIM.
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answered on Mar 11, 2023
The statute of limitations for a collection agency to sue you for a debt in California is typically four years from the date the debt became due and payable. However, the specific time limit may depend on the type of debt and the circumstances surrounding the debt.
In your situation, if the... View More
During the Pandemic I left my job because I was living with my parents and didn't want to risk them being sick. I let my employers know this at the time and thought everything was good. Now they have filed a claim that I left without cause and now I owe my unemployment benefits back. I am... View More
answered on Mar 2, 2023
Unfortunately, the filing of your EDD appeal does not automatically stay the administrative collection actions. But if you win the EDD appeal you will be able to recover the tax refund.
I won a lawsuit and the defendant was ordered to pay me certain amount of money per judgment (but no deadline was specified in the judgment). The defendant haven't paid for about a month. What legal actions should I take before reporting to credit bureaus? And when can I start to charge... View More
answered on Feb 27, 2023
Simply winning a lawsuit does not guarantee you are paid. The Courts do not force anyone to pay.
Once you have a judgment, you can apply the tools and techniques of judgment collection. These include judgment debtor examinations, wage garnishments and bank levies.
I sent a debt verification letter requesting proof that the debt collector purchased the right to collect as well as a signed agreement between the original creditor and I. Instead, all they sent were multiple billing statements.
I’m wondering if I need to confirm in writing that they... View More
answered on Feb 27, 2023
A debt collector does not own the debt. The creditor assigns the delinquent account to the debt collector, and can recall the account at any time. Debt verification has nothing to do with the assignment of the debt.
A debt buyer is a company that purchases delinquent accounts from the... View More
A process server never saw me but just once left the papers at my door
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answered on Feb 24, 2023
In California, a process server is generally required to make a reasonable effort to personally serve the individual with the legal papers, which may include attempting to serve the papers at the individual's residence or place of work, or by mail or other authorized means.
However, if... View More
I have a stipulation that is defaulted so now we need to get a judgment. A form Civ-100 is filled but we need to know what else should be submitted to the court to get the judgment.
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answered on Feb 21, 2023
In order to obtain a judgment from the court, you will need to follow the process outlined by the court in the jurisdiction where the case is being heard. While the specific requirements may vary depending on the jurisdiction, there are some general steps that you will need to follow:... View More
The debt is from 2011. We have received the lien request and also the garnishment directly from our bank. We have not received any summons from the court giving us the information (I had to find it online). Can they take us to court on this old debt? Are they not required to serve us - either by... View More
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answered on Feb 20, 2023
In California, a creditor may garnish a bank account with a valid court order, which is typically obtained after a judgment has been entered against the debtor. The creditor must provide notice of the garnishment to the debtor by personal service, mail, or overnight delivery. The notice must... View More
They are self employed and they say they don't work much so wage garnish seems tough,they don't seem to have a lot in there name or so they say, is the only other route where the court auctions there stuff and pays me...?
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answered on Feb 20, 2023
Yes, you may be able to intercept the debtor's tax refund to satisfy a judgment. In California, the Franchise Tax Board (FTB) may be able to intercept state tax refunds and apply them to outstanding judgments. Additionally, the Internal Revenue Service (IRS) can intercept federal tax refunds... View More
My ex landlord, sent me to a collection company.
I explained to the collection company that I followed the law in all respects and if anyone did something wrong, the landlord hasn’t supplied me with the law requires. The supporting documents, receipts and security deposit. The landlord... View More
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answered on Feb 19, 2023
When a client hires a debt collector, the debt collector typically asks for information related to the debt, such as the name and contact information of the debtor, the amount owed, and the nature of the debt. In addition, the debt collector may ask for any relevant documentation or records related... View More
A Notice of Renewal of Judgment was filed in court on 6/6/22
The case summary shows on 10/28/22, "Notice of Case Reassignment and Order for Plaintiff to Give Notice" filed by clerk.
The Notice of Renewal of Judgment was finally served on judgment creditor on 1/12/23.... View More
answered on Jan 20, 2023
To be timely, the Application for Renewal must be filed within 10 years of the judgment entry date. The date of service of the Application or Notice of Renewal does not change that. When the Application is filed, the judgment is automatically renewed. It is just that it cannot be enforced until 30... View More
A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... View More
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answered on Jan 19, 2023
It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... View More
I moved from San Diego, CA to Odessa, Tx. After a year or so I made return trip to San Diego CA. I spoke to party I had made verbal agreement to make payments to pay me for car. I informed party I wanted car back for none payment. The party refused I would like my property returned. And take... View More
answered on Nov 17, 2022
you need to contact a local lawyer for assistance.
if you didn't have a written agreement it might be more difficult.
consider small claims to collect up to $10k..............but after a judgment, you will have to collect.
answered on Nov 16, 2022
Yes. If they satisfy the court you cannot be found, the court can order service via publication.
answered on Nov 15, 2022
Were you standing in the doorway refusing to take the papers when they were "dumped on your front door"? Don't answer here, but speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... View More
A Vehicle has been sitting on my property for 5 years or so. Checked the vin, it says it has a lien on title that was sold to a debt collector and then was eventually completely charged off. Owner went missing also around five years ago. Presumed dead. No way to make contact obviously. I would... View More
answered on Oct 31, 2022
More information is needed regarding, among other things, why you believe you have a right to the vehicle. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More
I'm in California and my creditor renewed a judgment but didn't give me notice or send the notice to wrong address which didn't belong to me .
answered on Oct 29, 2022
Sending you notice doesn't impact a statute of limitation.
answered on Oct 23, 2022
send the former friend a Demand Letter setting forth the facts and noting you have requested the money many times.
Hopefully, there is something in writing.
in any event, close with "Payment must be made within 10 days or you will pursue any and all Civil and or Criminal... View More
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