Lawyers, Answer Questions  & Get Points Log In
California Collections Questions & Answers
1 Answer | Asked in Consumer Law, Traffic Tickets, Civil Rights and Collections for California on
Q: If a car trailer is towed for not having proper plates showing and is transporting a car can they charge for the car

The car is mine and was not on California roads, the trailer is what was on the road, can they charge me for getting my car back.

Louis George Fazzi
Louis George Fazzi answered on Oct 25, 2021

Your question is not clear and concise, and fails to include sufficient detail so that it can be answered.

Prepare a chronological history of what happened, when, where and how, and name all witnesses (good and bad), then compile all your documents which help tell the story.

Then,...
Read more »

1 Answer | Asked in Collections for California on
Q: I'm sorry to bother you,, but, who do I file a right of exemption with in collections situation? Thank you
Gregory Mark Fitzgerald
Gregory Mark Fitzgerald answered on Oct 25, 2021

Your Claim of Exemption is filed with the sheriff who served the garnishment or levy

2 Answers | Asked in Collections and Consumer Law for California on
Q: Sued by collection agency for old cc debt. They filed before statute ran out but I was served AFTER - still valid?

Substituted service performed one day before statute of limitations expired - mailed packet was postmarked the day of statute of limitations, received in mail 7 days after. Can I contact them directly to settle or should I bank on passing of statue of limitations? Thanks :)

Leon Bayer
Leon Bayer answered on Oct 22, 2021

You have asked a very good question. The statute of limitations is concerned only with the date that the complaint was filed. The date of service has nothing to do with the timeliness of the lawsuit filing. Thus serving you after the statute has run does not provide any basis to knock out the... Read more »

View More Answers

1 Answer | Asked in Banking and Collections for California on
Q: Can a collection agency garnish my bank account , strictly social security benefits ?
Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2021

No. But you have to take certain steps like filing a right of exemption and notify the collectors attorney that the funds are social security only.

1 Answer | Asked in Divorce and Collections for California on
Q: How to renew a judgment

My x husband didn't pay me what the judge had ordered him to pay in our divorce

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 27, 2021

You don't need to renew your judgment. What you need is to enforce it. You need to find an attorney who does collections or judgment enforcement proceedings/procedures.

1 Answer | Asked in Collections for California on
Q: CA Jgmt Debtor Exam - Who may conduct the exam? I'm pro per and have a $47k+ jgmnt on debtor I have a Restr Ord agnst.
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Suggest you hire an attorney to conduct the exam and see that the records of the debtor are subpoenaed.

1 Answer | Asked in Collections for California on
Q: Collections lawsuit passed limitations in original state, I’ve since moved where the statue of limitations is longer.

I have a debt that went to collections from 2014 in ca. I am passed California statue of limitations. However in 2015 I moved to New Jersey where that statue of limitations is 6 years vs 4. I am being sued here in New Jersey but the debt is from California. Is that legal?

Leon Bayer
Leon Bayer answered on Sep 2, 2021

I believe the debt is still subject to the California statute.

I suggest you call the creditor attorney immediately and point this out. If you do not get immediate satisfaction then bring a consumer law attorney onto your team immediately.

1 Answer | Asked in Collections for California on
Q: Can I trust a collection agencies offer to pay a reduced amount on an old unpaid charge?

I'm worried that after paying the reduced offer, a different agency will harass me for the balance. would that be legal in CA? What do I do to protect myself? If necessary, how can I investigate the legitimacy of the offer further?

Yelena Gurevich
Yelena Gurevich answered on Aug 31, 2021

if you settled with a collection company to pay less than the debt owed, make sure that settlement is in writing. also note that the balance not paid could be taxable to you so make sure to consult with the person preparing your tax returns.

4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: My debt is 3 years old. I was sued in my absence from the country and now wish to return. Not sure how to

I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!

It’s now been 3 or so years and I... Read more »

Leon Bayer
Leon Bayer answered on Aug 16, 2021

You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.

View More Answers

1 Answer | Asked in Business Law, Contracts and Collections for California on
Q: I am a consulting engineer and have a client with a nearly 40000 debt. We have a contract but he isn't paying. Input?

This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »

Leon Bayer
Leon Bayer answered on Aug 6, 2021

You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.

1 Answer | Asked in Collections for California on
Q: Can I sell or donate my car without a title if debt collection is past the statute of limitations in CA?

I would like to dispose of my car (scrap/donate or sell) and I am unsure if that's legal without a title. The loan was closed by Wells Fargo in July of 2016 and sold to debt collectors. It appears that debt collectors can still try to recoup the money, but legally cannot sue me for the... Read more »

Leon Bayer
Leon Bayer answered on May 25, 2021

I do understand the problem. But without clear title you wont be able to do either of those things. You might look into leaving the car parked on the street, and call the city to tow away an abandoned car.

1 Answer | Asked in Collections for California on
Q: I'm owed $125,000 the customers received $2 million in ppp money the building is owned by holding co

can these be attached

Leon Bayer
Leon Bayer answered on May 24, 2021

The best answer a lawyer can give you for the time being, (without the opportunity to discuss the case at length with you and to see relevant document), is going to have to be, "I hope so."

If you sue, you may be able to obtain attachment orders against the various assets by...
Read more »

3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Tristan Brown
Tristan Brown answered on May 22, 2021

In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.

Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?...
Read more »

View More Answers

1 Answer | Asked in Contracts and Collections for California on
Q: I was in a car accident, the physical therapy office sign a lien. Then sent me to collections. Do I have any recourse?
Leon Bayer
Leon Bayer answered on Apr 28, 2021

You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.

1 Answer | Asked in Divorce, Family Law, Collections and Domestic Violence for California on
Q: I need a divorce/family law attorney to file a few papers and come tell the courts that my ex-husband is in contempt.

My ex-husband is well off & has stopped paying support against court orders. I believe this is called contempt, and need a divorce/family law attorney to let the courts know & enforce collection. Any help finding one is much appreciated! Thank you. ~

Dale S. Gribow
Dale S. Gribow answered on Apr 23, 2021

what court are you dealing with?.............

if Riverside County I will give you some names................

Dale Gribow Attorney at Law 760 837 7500

4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Tristan Brown
Tristan Brown answered on Apr 17, 2021

I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.

From my...
Read more »

View More Answers

4 Answers | Asked in Bankruptcy, Estate Planning and Collections for California on
Q: Can bank account be garnished due to delinquent student loan?

my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Apr 11, 2021

Your question cannot be answered with only the information you have provided. Your will need to get a more in depth analysis with both an estate planning attorney and an accountant. And perhaps a bankruptcy attorney. Any money spent now will reap huge rewards down the road. Hopefully you are using... Read more »

View More Answers

2 Answers | Asked in Consumer Law and Collections for California on
Q: Can a car dealership report a collection on your credit if is not your loan?

My fiance took out a car loan and when we went to pick up the truck, after already trading in our other vehicle, they changed the terms and asked for an additional $4k. I wrote a check from my personal checking account for the additional monies, but when we reviewed the paperwork, it was not in the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 24, 2021

if you are asking whether a debt that is not yours can be reported on your credit, the answer is no.... but given the facts you listed it sounds a bit more complicated and you will need to call and speak to a lawyer to better evaluate your situation.

View More Answers

1 Answer | Asked in Contracts, Civil Litigation and Collections for California on
Q: In relationship over 10 years during over time I've accumulated his debt of over $18,000 he promised to repay and share

a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 13, 2021

Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Collections and Small Claims for California on
Q: My daughter lost her job, got a "Demand Letter for Damages" from an office in SD and she needs to know how to respond.

This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.

It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 12, 2021

You need to speak with civil attorney. This is not yet a criminal case.

Good luck!

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.