Lawyers, Answer Questions  & Get Points Log In
California Collections Questions & Answers
1 Answer | Asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California on
Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.

Kenneth Sisco
Kenneth Sisco answered on Dec 29, 2020

There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your... Read more »

1 Answer | Asked in Collections and Traffic Tickets for California on
Q: I have traffic tickets that are over seven years old ... that have just gone to collections . They are not on my driving

Record at this point. If I pay them do they go on my driving record? How can they collect after all these years?

Maurice Mandel II
Maurice Mandel II answered on Dec 23, 2020

They go on your record based on the dates of the citation not the date you paid them. Make arrangements with the collections office at the court.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Contracts, Consumer Law, Criminal Law and Collections for California on
Q: What are the possible repercussions of selling a car before its played off and not telling the bank or the lien holder

She kept 0ayi g payments but now the police are. Asking questions is she in slot of trouble

David Michael Lehr
David Michael Lehr answered on Dec 22, 2020

It is fraud, likely felony theft, and possibly perjury. Talk to an attorney fast. Pay the rest of the loan off immediately if possible.

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California on
Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

4 Answers | Asked in Bankruptcy and Collections for California on
Q: hi, over 20 years ago i filed for chapter 7. i also had a credit card debt for around 1000 usd with a german bank

but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?

what if anything... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 25, 2020

inform them of the bankruptcy and provide them with your bankruptcy information. they are passed the california statute of limitations to collect against you as well.

View More Answers

1 Answer | Asked in Collections for California on
Q: I paid $59 to have a phone call with an attorney. But it never happened and I never got a refund.
Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

Small claims is a good option for you.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Rights and Collections for California on
Q: I put a donation box on a table in a First Amendment Protest in San Francisco. Is it illegal?

I organized this Protest at Embarcadero Park in San Francisco last year. I had the event permit and insurance cover. I put a donation box on a table with a note state that the donation is used to cover the expense for the Protest (Permit fee and insurance fee). Now, an hostile organization accused... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 5, 2020

My advice is to just ignore them. Don't engage with them, just ignore them. So what if you asked for donations to help defray your expenses. Just don't waste your time with those people. There is only one exception to this advice, and that is if the complaining party is a public agency... Read more »

2 Answers | Asked in Collections for California on
Q: My Ex-Company Owes Money On Utilities But The Company Account Was Created Under My Name

Hi, I am in California, I no longer am employed at this company since July, they owe water service bill and never paid after I left, but the company/business water service account was created under my name. I was informed there was mail from the debt collector against my company but also with my... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 29, 2020

If your name is on the account, then the water service vendor has every right to proceed after you to collect its money. You need to force the former employer to take your name off the account, and to pay any money that is owed on that account. Sounds like a good small claims action to me.... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Civil Litigation, Collections and White Collar Crime for California on
Q: How many days should elapse would be considered abandonement of claim for filing motion for attorney fees and costs?

This pertains to a plaintiff with no legal standing represented by an aiding and abetting attorney.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

Now you are mixing sausage and vanilla ice cream. Attorneys don't "aid and abet" that is language for Criminals. The answer is the same, check the rules of court and the Code of Civil Procedure.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Real Estate Law, Civil Litigation and Collections for California on
Q: How many days for filing motion for attorney fees would be considered abandonement of claim?
Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You are mixing apples with meatballs. There are rules of court and statutes regarding the timing for filing a motion for attorney's fees, or the judge could set a special time schedule on request. You can look these up on the internet, they are available to the public. If these are missed... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in Estate Planning and Collections for California on
Q: Adding my name to our home title by doing a QuitClaim Deed documentation and filing it to the County

If I have creditors after me - will they now go after our home? (California property)

James Edward Berge
James Edward Berge answered on Sep 28, 2020

Yes, if you have any property, your creditors may have a claim against it. Tread carefully before adding your name to any asset when you have creditor claims against you. Consult with an estate planning attorney.

View More Answers

1 Answer | Asked in Real Estate Law and Collections for California on
Q: I'm being asked to give acknowledgement of satisfaction form by escrow firm before getting paid on my lien against condo

Escrow firm says I need to give them acknowledgement of satisfaction form before they pay me on my lien. Doesn't make sense to me to give them a form saying I got paid when I haven't. The person who owes me the money has sent me a check that would satisfy the lien but the escrow firm... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Pretty standard for an Escrow Company to get documents signed before the deal closes. If you really feel uncomfortable, tell them you want a face to face exchange of your signature for their check. The problem is that the money may not be in the Escrow account until it closes, not now.... Read more »

1 Answer | Asked in Estate Planning, Collections and Public Benefits for California on
Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?

I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »

Sally Bergman
Sally Bergman answered on Sep 14, 2020

This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »

1 Answer | Asked in Collections for California on
Q: I have a debtor trying to collect on a bill that was mine through my ex. It was from 2013 can you tell me the statute
Maurice Mandel II
Maurice Mandel II answered on Sep 5, 2020

4 years on a written contract. If there was a judgment, it is good for 10 years. This could be a violation of the Fair Debt Collection Practices Act. You should consult with a Collections Attorney in your area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Banking and Collections for California on
Q: In relation to a car note

I made a payment a few days late (about 3 days)

And wasn't aware a late fee was applied so after making the standard payment I was hit with a 30 day late payment Even though I only didn't pay the late fee

Maurice Mandel II
Maurice Mandel II answered on Aug 25, 2020

This is not banking, it is Contracts. Contact your bank, see what you can work out. Get out your loan documents and read them carefully, maybe the bank made a mistake. It happens. Negotiate with them to get some relief.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Collections for California on
Q: I've been served with a judgement against me. other party states I was served 6/12/12 in San Jose I lived in Stockton.

I was living in Stockton at that time and was never served. Just got the judgement through the mail 6/29/20. Judgement is for 16k original balance 8 years ago 8k. Other party will not take less than 10k

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Aug 3, 2020

Your options are to file a Motion to Vacate the Judgment, settle it, or file bankruptcy (if available and desired). A lot more information is needed in order to properly assess the merits of any Motion to vacate.

View More Answers

2 Answers | Asked in Collections, Contracts and Small Claims for California on
Q: I have a decently sized default judgement from a UD in Ca. Are there companies or attorneys who can help collect?

I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

It sounds like you have some knowledge about how this process works. You are entitled to a judgment debtor exam, for which the most important part is the subpoena for his documents, all bank records, credit card records, any bills he has, records of ownership of any personal property worth more... Read more »

View More Answers

3 Answers | Asked in Consumer Law and Collections for California on
Q: I have received an email requesting I pay or they will send me to court, I have never received any legitimate info

I have received this email and I want to know if it is legitimate, I emailed asking what it was in regards to and they sent an email with minimal information and told me to pay a certain amount of money to close it. They could not tell me when where or how they got my information, but that they... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Jul 2, 2020

Your suspicion seems justified. This has the earmarks of a phishing scam. Since you haven't lost any money it is unlikely your local police department will get involved.

You should report it to the FTC. To do so, forward the message to the Anti-Phishing Working Group at reportphishing@apwg.org.

View More Answers

2 Answers | Asked in Collections for California on
Q: I have a judgement against me from capital one and it shows that it's vacated . What can I do

09/28/2020 8:30 AM DEPT. S16 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED

03/27/2020 8:30 AM DEPT. S16 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED

03/02/2020 WRIT FEE OF $40.00 PAID Not Applicable

03/02/2020 WRIT OF EXECUTION ISSUED TO SAN... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

The entries you quoted above do not show that the Judgement was vacated. They show that a writ of execution may have been issued to the County. Need more information.

Justia disclaimers below, incorporated herein.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.