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3 Answers | Asked in Civil Litigation and Collections for California on
Q: How do I answer a summons from a lawyer representing a collection agency that bought a charged off credit card debt,
James L. Arrasmith
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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

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1 Answer | Asked in Health Care Law and Collections for California on
Q: Can unpaid dental premium <$500 be sent to collections and affect your credit score?

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.

James L. Arrasmith
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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

2 Answers | Asked in Collections and Family Law for Utah on
Q: Can I respond to a court summons on behalf of my Father?

My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.

James L. Arrasmith
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answered on Nov 24, 2023

Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.

In...
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1 Answer | Asked in Bankruptcy and Collections for New York on
Q: I have a judgment against me for 8,000 in FL (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name... View More

James L. Arrasmith
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answered on Nov 20, 2023

In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned... View More

2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

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

Leon Bayer
Leon Bayer
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...
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2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

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

James L. Arrasmith
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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

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Martha Warriner Jarrett
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answered on Nov 20, 2023

A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More

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1 Answer | Asked in Tax Law and Collections for Florida on
Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.

IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More

James L. Arrasmith
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answered on Nov 19, 2023

The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More

1 Answer | Asked in Collections for Pennsylvania on
Q: Can social security be garnished for credit card debt in PA?

My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 18, 2023

While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.

To fend that off, most...
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1 Answer | Asked in Collections for Alabama on
Q: What will happen if my car isn’t at my adress on the day they are supposed to toe it?
James L. Arrasmith
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answered on Nov 17, 2023

If your car is not at the specified address on the day it is scheduled to be towed, the towing company may attempt to locate the vehicle at a different location, especially if the towing is related to a legal or financial matter, like repossession. However, this depends on the reason for towing and... View More

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: CA Family Law/QDROs: Under what circumstances can I file an RFO to amend a QDRO to award me entire monthly annuity?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation and Collections for Arizona on
Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure

The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More

Peter H. Westby
Peter H. Westby
answered on Nov 15, 2023

Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More

1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Q: Zulily owes us 15k and they are based out of Seattle Washington but they just sold it to Regent LLP in Los Angeles.

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law and Collections for California on
Q: They sent the notice for my restitution hearing to a really old address of my lawyer at the time. Should it be dismissed
James L. Arrasmith
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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

1 Answer | Asked in Animal / Dog Law, Banking, Collections and Consumer Law for Colorado on
Q: Will a debt collection agency repossess my dog? how can I prevent that?

I fell behind on payments after losing my job.

The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement... View More

2 Answers | Asked in Collections for California on
Q: Good afternoon. I am able to get free help to stop wage garnishment?

I received a letter from my employer stating, which i believe is a collection agency, is having my wages garnished.

James L. Arrasmith
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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...
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1 Answer | Asked in Collections for California on
Q: Hello.. can I get free help from a lawyer in stopping wage garnishment?

I received a letter from my employer that my wages are being garnished.

James L. Arrasmith
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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

1 Answer | Asked in Collections for Oregon on
Q: Is there motion for installment payments option in Oregon garnishment?

Walla walla collection in Washington filed wage garnishment against me in circuit Court of Washington country oregon for a 10 year old medical debt that has a judgement and they filed for it to be extended. They filed garnishment 2 years ago but got them to drop it as I've been back in Oregon... View More

TeAnna Rice
TeAnna Rice
answered on Nov 9, 2023

While you can certainly try to reach some form of installment agreement with them, there is no legal requirement that they have to agree to installment plans. The best approach would be to demonstrate to them that it would be better they agree to an installment plan as it means you are paying them... View More

1 Answer | Asked in Collections for Hawaii on
Q: Can a repo person take your vehicle if your gate was closed?

A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.

James L. Arrasmith
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answered on Nov 9, 2023

Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:

- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the...
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1 Answer | Asked in Banking and Collections for Texas on
Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.

I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this... View More

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