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MY HOME OWNERS INSURANCE FILED A COMPLAINT OF CONCURSUS AGANST ME AND MY ATTORNEY I HAVEN'T FOUND AN ATTORNEY TO TAKE MY CASE PROBONO AND CAN'T AFFORD AN ATTORNEY.I KNOW NOTHING ABOUT THE LAW .BUT MY MORTGAGE COMPANY WON'T ACCEPT MY PAYMENTS BECAUSE THEY SAY I AM BEING SUED.ITS BEEN... View More 
answered on Dec 28, 2023
A complaint of concursus is a legal proceeding in which a party admits it owes a debt but is unsure to whom the debt is owed. The proceeding requires the competing parties who claim they are the correct party to whom the debt is owed to appear and present evidence and argument proving their... View More
Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible
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answered on Dec 25, 2023
In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More
My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
answered on Dec 25, 2023
Things like this normally go through a process of sending you a series of collection letters, and if not paid will eventually go to a collection agency or lawyer. Nobody is going to make a big deal over a $5000 debt unless they can identify assets or income that a court judgment could be enforced... View More
My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
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answered on Dec 23, 2023
Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is... View More
I don't want to use the word "overpayment " because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using... View More
answered on Dec 22, 2023
When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing.
The word... View More
Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of... View More
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answered on Dec 19, 2023
In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of... View More
The debt is small but the debt collector does not have a license listed in Kansas or in CA on their website. I asked her about it and she said her firm must be licensed in CA but said she wasn't sure what it was. She told me to go to her website to get it. The website looks fake and there... View More
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answered on Dec 18, 2023
Under California law, debt collectors attempting to collect debts from California residents must adhere to specific licensing requirements. These regulations are designed to protect consumers from unlawful collection practices. If a debt collector is seeking to collect a debt from you in... View More
Only the company is listed as the creditor. Won the judgment in New York.
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answered on Dec 20, 2023
In the scenario you've described, where a dissolved company is attempting to collect on a judgment, several legal nuances need to be considered.
Typically, when a company is dissolved, its legal authority to engage in business activities, including the collection of debts, ceases.... View More
When my credit health was decreasing, he lied to me about making car payments. It got to the point where I offered and had sent him money to help pay for the monthly. Since he was responsible for the car, he hadn’t told me he put the car through collections either. He’s also lied about the car... View More
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answered on Dec 13, 2023
Under California law, when you co-sign a car lease with someone, both parties are typically equally responsible for the obligations under the lease, including making payments. If your ex was responsible for making payments based on an agreement between the two of you, and he failed to do so, this... View More
accounts, that levy is done. If there is still a balance due to settle the debt is the freeze lifted after the first grab and then gets freezed again on the second levy? Or is the freeze on accounts still there until the total debt is settled?
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answered on Dec 12, 2023
Under a bank levy in California, if the initial withdrawal by the sheriff from your accounts does not cover the entire debt, the remaining balance can lead to further action. Typically, the freeze on the accounts remains in place until the total debt is settled. This means that if the funds taken... View More
accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds?
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answered on Dec 12, 2023
When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy.
Regarding the SB... View More
I don't recall why I ever stopped making agreed upon payments per the court. 13 years later, a debt collector is attempting to collect this debt. My question: If the judgement was in favor of the original creditor, but not the subsequent debt collector, has the statue of limitations risen from... View More
answered on Dec 11, 2023
Judgments are valid as specified by statute. Apparently in Massachusetts, its 20 years. Once a judgment is obtained, the judgment can be sold a dozen times and the judgment remains enforceable. You may be confusing the statute of limitation within which to bring suit (6 years apparently) with the... View More
The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer
answered on Dec 11, 2023
If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was... View More
money due in n the balance?
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answered on Dec 10, 2023
Under California law, after a bank levy has been executed and funds are seized from your account, the status of the levy depends on whether the debt has been fully satisfied. If the initial grab of funds doesn't cover the entire amount owed, the levy can remain active.
This means that... View More
I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that "we have the right to charge a 1.5% finance charge on past due invoices. They... View More
answered on Dec 9, 2023
Your contractual interest is limited by statute. This is "business owner 101". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your "go-to" guy when you... View More
I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a "debt confirmation" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt... View More
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answered on Dec 9, 2023
In California, if you contest a debt and believe that the "debt confirmation" provided is erroneous, you have the right to dispute it. Initially, you should send a formal dispute letter to the debt collection agency, clearly stating that you dispute the validity of the debt and explaining... View More
I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a "debt confirmation" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt... View More
answered on Dec 9, 2023
Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation.
The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person... View More
I settled with a debt collector years back sent in a money order never arrived at the destination when I sent the money order at usps it was in transit for months and I just never followed up on it how would I go about resolving this for the amount that we settled upon or do I have to pay the full... View More
answered on Dec 4, 2023
Based upon what has been reported to us as bankruptcy counsel, our best advice is to deal directly with whatever creditor is pursuing you. The "collector" charges a fee for its service, and that fee is passed along to you, whether disclosed or not.
You should be able to get your... View More
I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More
answered on Dec 4, 2023
Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More
some damages I am responsible for which I will pay. But she also made false accusations stating that I'm responsible 4 certain property damages which is not true those damages were already there when I moved in (I have proof - I took pics of previous damages when I moved in & proof of... View More
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answered on Dec 2, 2023
Under California law, if you believe that false charges have been reported against you to a collection agency by your former apartment manager, there are several steps you can take. Firstly, gather all the evidence you have, such as photographs of the pre-existing damages and copies of emails you... View More
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