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California Collections Questions & Answers

2 Answers | Asked in Tax Law and Collections for California on

Q: I cancelled an inactive LLC but still have back-tax/penalty notices coming in. What can happen/what is my best recourse?

The notices were going to a location where I do not live (went to my ex-partner's parents house), and I just got my hands on the notices that say we owe thousands. This LLC was only active for a few years, as a production-company shooting a series, and unfortunately, the entity wasn't cancelled in... Read more »

David S. Greenberg answered on Aug 14, 2019

It is quite possible that you will be insulated from personal liability for the tax obligations of the LLC.

If you would like to discuss this in detail, please call my office to schedule a free initial consultation.

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1 Answer | Asked in Consumer Law, Contracts and Collections for California on

Q: Can Reverse Mortgage Distributions be garnished by general creditors?

Distribution is a single payment after refi

Bruce Alexander Minnick answered on Aug 7, 2019

Which question do you want us to answer?

1 Answer | Asked in Collections and Consumer Law for California on

Q: Can I send someone to collections if they have a lien? Charge interest and fees?

I am a Doctor in SF, CA.

I have a granted a lien to a patient and her attorney 3 years ago.

The attorney and client stopped communication with me recently for no reason.

Can I send this account to collections even though they have a lien?

If so can I charge interest... Read more »

William John Light answered on Aug 6, 2019

You are entitled to reasonable updates on the status of the claim. If you aren't getting that, file suit against the attorney and client for breach of contract. You are entitled to pre-judgment interest in a lawsuit. As far as a collection matter, before lawsuit, you would be limited to whatever... Read more »

1 Answer | Asked in Consumer Law and Collections for California on

Q: Are we still Responsible TO PAY ATT for our business line AFTER A YEAR OF THEM NOT BILLING OR NOTIFYING US?

Early 2018 they were overcharging our acct & said they have a right to change rates anytime! ATT then offered another plan which was really similar to what we had with the original rates. They said there would be readjustments & credits initially sent & it would balance out. I re- verified our... Read more »

William John Light answered on Jul 26, 2019

You have an obligation to pay for services rendered whether ATT&T mailed you a bill or not. You obviously knew that you received the services and that payments was due. You could have contacted the billing dept. at any time. Whether you are responsible for late fees or can reach some agreement... Read more »

1 Answer | Asked in Collections and Small Claims for California on

Q: If a $50,000 bond is disbursed thru numerous claimants in a case?

how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??

Vernon Charles Tucker answered on Jul 17, 2019

Hello,

Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!

Respectfully,

Vernon C. Tucker, Esq.

Member California Bar

1 Answer | Asked in Contracts and Collections for California on

Q: Can a time share company from Mexico can sue me in the US for not paying maintenance fees?

A few years ago we made the mistake to buy a time share in Mexico that we paid in full; a few months later tried to cancel the contract but the company never accepted to get our money back or cancel the contract. Every year they try to get money from us because we supposed to pay maintenance fees.... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

Yes, Mexican timeshare companies can sue you in the US. However, I am wondering whether you purchased your timeshare from a Mexican timeshare company--or (more likely) from an American timeshare company that sells timeshares in a timeshare property they own down in Mexico. But it really doesn't... Read more »

4 Answers | Asked in Bankruptcy, Banking and Collections for California on

Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?

Since it is a joint debt, can we exclude it from the BK and continue making payments on it?

We want to keep her strong credit completely clean.

Is there any reason to close the joint account?

Timothy Denison answered on Jun 17, 2019

Take her off all accounts if you want to keep her credit strong.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on

Q: Should I respond to a civil lawsuit or just wait for my hearing.

Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »

William John Light answered on Jun 12, 2019

You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »

1 Answer | Asked in Collections for California on

Q: Should I file a response to a Civil Lawsuit

Me and my wife were served a summons for a unlimited civil case in California. This is for an outstanding hospital bill from October 2013. The insurance company issued a payment to my wife but only for a partial amount because she was taken to an out of network hospital. We signed over this check... Read more »

Barak J Berlin answered on Jun 10, 2019

It sounds like you need to file an answer. You only have thirty days after being served to do so. You may have a defense based on the statute of limitations. You may also have a claim against the collection agency. You may be able to get a free consultation. Go to the National Association for... Read more »

1 Answer | Asked in Contracts, Collections and Gov & Administrative Law for California on

Q: WHAT IS A FEDERAL LIEN WITH DETENTION ? HOW DOES IT WORK? ON A AIRPLANE PRIVATELY OWNED

Bruce Alexander Minnick answered on May 4, 2019

It means the owner of the aircraft cannot fly it without specific pre-approval from the FAA.

2 Answers | Asked in Consumer Law, Contracts and Collections for California on

Q: My husband passed in 09 and I just found the paperwork for his flight school he paid $30Th. But had only started

We paid the $30thousand in full, when I sent letters to all our contacts regarding his death. They never contacted me nor did I even remember about it. It wasn’t until my daughter found the paperwork on it in the garage and asked me if I received a partial refund from the helicopter school. I am... Read more »

William John Light answered on Mar 22, 2019

answers.justia.com/question/2019/03/19/my-husband-passed-away-in-2009-and-he-ha-497746

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1 Answer | Asked in Business Law, Civil Litigation and Collections for California on

Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

This was filed in Orange County, ca. I am located in Multnomah County, OR. All documents were signed by me in OR. I am simply trying to avoid have a default judgement against me as the immediate step.

Vernon Charles Tucker answered on Feb 25, 2019

If you received a Request for Entry of Default you are in a tough position.

This means service has been effectuated upon you and your responsive pleading was already due by now.

The defendant has now requested a default to be entered against you and this will happen unless you...
Read more »

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on

Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

Can I just keep car until they pay me?

Vernon Charles Tucker answered on Feb 17, 2019

Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?

1 Answer | Asked in Civil Litigation and Collections for California on

Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?

Received summons, I responded with affirmative defenses, filed and served with the court. Had the response served I don't hear nothing until the other day when I receive a request for Default. What should my next step be? Dismissal?

Vernon Charles Tucker answered on Feb 15, 2019

I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by... Read more »

1 Answer | Asked in Collections for California on

Q: Will I be arrested at the airport if I fly into the country from abroad and I have a bench warrant against me?

Stuart Gregory Steingraber answered on Dec 16, 2018

Probably not. Bench warrants for failure to appear in civil matters are low on the Sheriff's priority list. Bench warrants for criminal matters are higher on the list. You don't say why you have a bench warrant outstanding so more information is needed to give you useful advice.

1 Answer | Asked in Collections and Contracts for California on

Q: Is there a statute of limitations for a private christian elementary school to collect on past tuition owed?

N. Munro Merrick answered on Oct 29, 2018

Yes. Assuming you have a written invoice and that it was due in 30 days from receipt. it is classified as a written contract. You must have filed a court action within 4 years from the date the tuition was sue. When in doubt, give a few days extra. If a payment for less than the amount due was... Read more »

1 Answer | Asked in Animal / Dog Law and Collections for California on

Q: Am I responsible for >$15,000 vet bill when my dog bit another dog?

The dog I recently adopted attacked a smaller dog while on a walk in public and the owners are making me pay >$15,000 in vet bills and threatened to sue if I didn't. I don't have any money and my renter's insurance doesn't cover dog attacks. Am I fully responsible for paying this much if the owners... Read more »

William John Light answered on Oct 19, 2018

Your are liable if you were negligent in failing to control your dog. You don't describe how the attack happened, which dog was the aggressor, etc., but it sounds like it was your dog, which will probably make you at fault. You can be sued for the >$15k, but that would require an attorney who... Read more »

4 Answers | Asked in Collections for California on

Q: What options does one have for debt and credit relief before bankruptcy? Or is it an option worth pursuing?

too much debt, not enough income, poor credit, no real assets

William John Light answered on Oct 16, 2018

You can negotiate with your creditors for reductions in principal and payments with the threat of bankruptcy if they don't agree. Otherwise, it's looking like bankruptcy.

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1 Answer | Asked in Collections for California on

Q: Debt collector sues in the name of a deceased spouse, not living spouse & debt was incurred before marriage.

1. Commonwealth Financial Systems is trying to collect for an ambulance bill incurred by my late husband in March 2015.

2. My husband and I were married in June 2015, after service occurred.

3. My husband passed away in 2017.

4. I have verification of a $500.00 amount... Read more »

William John Light answered on Oct 15, 2018

Paying $500 is not necessarily the same as paying the entire billing. Your husband's estate would be liable for his debts, if any. It's unclear whether your husband's premarital estate holds or held any assets. If you are served on behalf of your husband, send the Plaintiff's attorneys a copy of... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Collections and Domestic Violence for California on

Q: Can a company thats not listed as the lienholder with DMV repo my car from my private garage?

The car dealership put the wrong name down on the DMV paperwork and a bunch of other shady things. Now the company that NOT listed as the lien holder repossed my car from my garage. The reason I couldn't deal with this is because I'm experiencing domestic violence issues and was not getting the... Read more »

Timothy Denison answered on Sep 24, 2018

You may sue for wrongful repossession of the car. Likely will not get the car back.

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