Lawyers, Answer Questions  & Get Points Log In
California Collections Questions & Answers
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

1 Answer | Asked in Collections for California on
Q: I keep getting emails from debt collection agency saying I'm blacklisted and will get arrested today for a payday loan.

They want me to pay only by one vanilla prepaid card and I don't have this debt and I even checked my credit report and my bank too

Matthew Williams
Matthew Williams answered on Mar 10, 2021

That's a scam. First, you cannot be arrested by a collection agency. Second, legitimate debtors don't want to be paid with prepaid cards. Third, it is illegal to threaten to arrest someone in connection with a debt collection effort.

1 Answer | Asked in Collections for California on
Q: I keep getting emails from Debt Collection Agency saying I'm blacklisted and will get arrested today.

I don't have any debt from this collection and they want me to pay only by one vanilla prepaid card. I also checked my credit report and my bank and no record of this debt

Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

please contact a lawyer today and save all the documents you have received. these are violations of law and you will be entitled to damages.

4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: I sued by credit card company
Octavio Velarde
Octavio Velarde answered on Feb 11, 2021

You should file an Answer. Otherwise, they'll get a default against you. That should buy you time to figure out next steps, including filing for bankruptcy. Once you file for bankruptcy, you'll get an automatic stay on collection efforts. You can then get the case dismissed because... Read more »

View More 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 »

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.