I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More 
answered on Apr 23, 2023
A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More
I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... View More
answered on Sep 23, 2022
I'd advise you to do 2 things:
1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several... View More
Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?
answered on Jul 26, 2022
It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.
That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and... View More
I no longer work at that place or at all. So they have never garnished anything before. Does it still mean that my judgment is quashed?
In June 2017 I was president (in name only) of a company located in Phoenix Arizona. In April 2017 the company took out a $10,000 loan for business purposes, however, in June 2017 the company ceased doing business.
The loan was from a company in California. The loan was issued in April 2017... View More
answered on Jul 19, 2023
Being rushed like this is always suspicious and rarely a good idea.
They could lose depending on how documents were signed by you and other factors.
answered on Mar 5, 2023
While that is a clever idea, you would not be able to require payment. There are ways in which you can legally deter Creditors from calling, but doing so many encourage them to file a lawsuit. Consult with experiences attorneys.
I filed a complaint in Superior court pro se and the defendant acquired an attorney and answered. The attorney has now reached out to move forward with discovery and other protocol but I have had issues acquiring counsel and need more time. Can I at least file a motion for more time so my case is... View More
answered on Mar 3, 2023
Can you? Sure. It's a motion to extend time to respond to discovery. Be forewarned: now that you've filed and the defendant has responded, it may be more difficult to find a lawyer to take your case, or may require a hefty retainer upfront. Good luck.
I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... View More
I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... View More
answered on Jan 19, 2023
Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.
I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... View More
answered on Jan 16, 2023
The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.
The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?
answered on Jan 16, 2023
Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.
I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... View More
answered on Jan 11, 2023
Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.
A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... View More
answered on Jan 9, 2023
Yes. Those are fraudulent transfers by the debtor that can be set aside.
I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... View More
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
If a creditor sued me and received default judgment then recorded it with the county, but later closed the account do I still have to pay them when selling the house?
answered on Dec 7, 2022
But later closed the account? You mean like a credit card? Yes, you have to pay the judgment.
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... View More
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.
We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... View More
answered on Nov 2, 2022
Appoint a successor trustee and let them handle the transactions for you.
Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... View More
answered on Sep 30, 2022
Dollar to a donut says that in your contract/estimate/invoice/ etc., there's mention of a restocking fee. Restocking fees are common in that business.
Sounds like an illegal scheme to me.
answered on Apr 22, 2022
It could be!
I have received several offers of employment that included collecting and redistributing money, and every one of them was a dud. The usual ploy is that they send you a bogus cashier's cheque by courier, as you to clear the check (through your trust account, of course),... View More
I am claiming extreme financial hardship and have a date set for the hearing.
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