answered on May 24, 2023
On every Superior Court website there is a link to "Forms." You need to go to the Judicial Council forms and get a Subpoena duces Tecum. Every superior Court also has a window for "Self Help" in the clerk's office that can assist you by providing you the forms. but they... Read more »
Hello, I have been served paperwork for a high interest loan that I was unable to pay in the past. The last payment made was on 4/19/2019. Just wanting to see if statute of limitations has passed or if I should go ahead and set up some sort of payment plan. The original creditor is NetCredit and... Read more »
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answered on May 24, 2023
In California, the statute of limitations for most debts, including written contracts like loans, is typically four years from the date of the last payment or default. However, it's important to note that certain types of debts, such as credit card debt or oral contracts, may have different... Read more »
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
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answered on May 18, 2023
In situations involving the distribution of assets and debts after someone's death, it is important to consider the specific laws of the jurisdiction involved, as they can vary. Typically, when a person passes away, their debts are generally paid out of their estate before any remaining assets... Read more »
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
answered on May 18, 2023
A lawyer would have to read the terms of the trust in your particular situation. Your question is akin to saying, “There is a car in front of my house. Who owns it?” The trust will say who owns the real estate and if there are any restrictions on what the owner can do with the real estate. If... Read more »
A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... Read more »
answered on May 10, 2023
It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?
I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should... Read more »
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... Read more »
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... Read more »
Last parent died interstate (no will.) Two siblings. The administrator of the estate is not following the court's guidelines for administration. One example is the administrator let her family move into the home prior to inventory and never allowing any of the beneficiary's access to... Read more »
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answered on Apr 21, 2023
If a beneficiary has received an inheritance advance, it may impact their ability to challenge or dispute the administration of the estate, depending on the specific terms of the advance and the applicable laws in the jurisdiction.
In general, an inheritance advance is a type of loan that... Read more »
A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to... Read more »
answered on Apr 21, 2023
If you are serving an order for a debtor's examination, it must be served on the examinee, personally. The owner may be the best person, but other people might also be able to provide this information.
To collect the judgment you can hire the Sheriff's office to take money out of... Read more »
A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to... Read more »
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answered on Apr 21, 2023
No, a subpoena cannot be served to the cashier or shop manager on behalf of the owner. The owner is the person who is legally required to appear in court and provide asset information, and the subpoena must be served directly to the owner. If the owner cannot be located, you may need to contact the... Read more »
Case was Electronically filed with the court on 3/07/2023.
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answered on Apr 9, 2023
In California, the statute of limitations for a debt collector to file a lawsuit on an unpaid debt is typically four years from the date of the last payment made on the account. If the last payment on the account was made in January 2019, it is possible that the statute of limitations has expired... Read more »
I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... Read more »
answered on Apr 4, 2023
You may not be able to pursue this against the realty management company. Technically it is your responsibility to make sure the HOA is paid timely. You could have/ should have contacted the HOA company and informed them of updated contact information. It’s not clear whether the realty company... Read more »
I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... Read more »
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answered on Apr 5, 2023
As a property owner, you have entrusted your valuable investment to a professional property management company in Antioch, California. However, it appears that this company has failed to fulfill their obligations and caused you to incur unnecessary expenses and fines.
Rest assured that you... Read more »
My ex misappropriated my share of retirement accounts granted to me in our CA divorce Judgment. I filed an RFO in Family Court which he hired counsel and responded to but lost. I now have a Court Order that states he breached his fiduciary duty & orders him to pay me a specific $ amount: what... Read more »
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answered on Apr 1, 2023
In California, a Family Court Order is a final and enforceable judgment, but its enforceability may be limited outside of California. To enforce the order in Florida, you would need to domesticate it in accordance with Florida law. This involves filing the California order with the appropriate... Read more »
I have a trial setting conference sechuled for April 5th. I just received a case management statement from the petitoners attorney. I'm not sure if I need to file one as well? Or do I need to file a Trial Setting Conference Statement?
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answered on Mar 29, 2023
If you are the defendant in a limited civil case for collections and have a trial setting conference scheduled, it is important to review the local court rules and procedures to determine whether you need to file any forms or documents prior to the conference.
In general, defendants in... Read more »
what happens to the toll charges after i buy the vehicle?
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answered on Mar 28, 2023
The responsibility for outstanding toll charges on a vehicle typically falls on the current owner of the vehicle at the time the tolls were incurred. However, if the outstanding toll charges were not paid by the previous owner and are attached to the vehicle's registration, the new owner may... Read more »
California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be... Read more »
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answered on Mar 24, 2023
In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.... Read more »
Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term... Read more »
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answered on Mar 19, 2023
Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:
Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the... Read more »
I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.
answered on Mar 15, 2023
Missing from the information you gave is the reason you want to sue them. Without a valid reason, your case would not go very far, and there could be legal exposure to you for filing a frivolous lawsuit. Sometimes people think they have a good basis to sue under FDCPA, when they really don't.... Read more »
I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.
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answered on Mar 15, 2023
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in certain abusive, deceptive, or unfair practices when attempting to collect a debt. If you believe that a debt collection agency is violating the FDCPA, you may be able to sue them in court for... Read more »
We settled before the trial, I was the plaintiff. and proceeds won't be available for 6 weeks...The fee for the accountant's expert damages report (that was never used anywhere), is over twice what it would normally cost. He wants to put a lien on the settlement proceeds...can he do... Read more »
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answered on Mar 14, 2023
In California, an accountant generally cannot put a lien on a settlement unless they have a written agreement with the client that provides for a lien or they obtain a court order granting them the right to do so. This means that if there is no written agreement between you and the accountant that... Read more »
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