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1 Answer | Asked in Collections, Contracts and Landlord - Tenant for California on
Q: Former apartment manager reported false charges against me to collection agency

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

James L. Arrasmith
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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

1 Answer | Asked in Collections and Small Claims for Kentucky on
Q: I received a letter from the Kentucky Labor cabinet, stating that I owe $6,000 for overpayment of unemployment benefits,

it says I need to pay in full or minimum monthly payment of $250 by December 10th, or will put a lien on my social security number. my question is, How long does that process actually take for them to put a lien on my social security #? I don't want them to take my income taxes. I'm a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2023

There's no real way to know how long this action would take, because we're talking about government. however, you should assume now that that your tax refund will be taken by the state. If nothing else, pay the first $250.00 because that might delay things a bit. Figure out an alternative... View More

3 Answers | Asked in Civil Litigation and Collections for California on
Q: How do I answer a summons from a lawyer representing a collection agency that bought a charged off credit card debt,
James L. Arrasmith
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answered on Nov 29, 2023

When you receive a summons from a lawyer representing a collection agency for a charged-off credit card debt, it's important to respond promptly. The summons will include a complaint, which outlines the allegations against you, and a deadline by which you must respond – typically 30 days... View More

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1 Answer | Asked in Health Care Law and Collections for California on
Q: Can unpaid dental premium <$500 be sent to collections and affect your credit score?

The reason I ask is because I know the 3 credit reporting agencies say that medical debt <$500 won't affect your credit.

So even if sent to collections, it won't affect your credit score.

James L. Arrasmith
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answered on Nov 26, 2023

In California, unpaid dental premiums, even if less than $500, can indeed be sent to collections. If this happens, it could negatively affect your credit score. When a debt is sent to collections, it typically gets reported to credit bureaus, and as a result, it appears on your credit report.... View More

2 Answers | Asked in Collections and Family Law for Utah on
Q: Can I respond to a court summons on behalf of my Father?

My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.

James L. Arrasmith
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answered on Nov 24, 2023

Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.

In...
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1 Answer | Asked in Bankruptcy and Collections for New York on
Q: I have a judgment against me for 8,000 in FL (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name... View More

James L. Arrasmith
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answered on Nov 20, 2023

In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned... View More

2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

Leon Bayer
Leon Bayer
answered on Nov 20, 2023

It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.

The law strongly favors seeing the bank recover...
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2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

James L. Arrasmith
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answered on Nov 20, 2023

In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Martha Warriner Jarrett
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answered on Nov 20, 2023

A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More

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1 Answer | Asked in Tax Law and Collections for Florida on
Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.

IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More

James L. Arrasmith
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answered on Nov 19, 2023

The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More

1 Answer | Asked in Collections for Pennsylvania on
Q: Can social security be garnished for credit card debt in PA?

My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 18, 2023

While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.

To fend that off, most...
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1 Answer | Asked in Collections for Alabama on
Q: What will happen if my car isn’t at my adress on the day they are supposed to toe it?
James L. Arrasmith
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answered on Nov 17, 2023

If your car is not at the specified address on the day it is scheduled to be towed, the towing company may attempt to locate the vehicle at a different location, especially if the towing is related to a legal or financial matter, like repossession. However, this depends on the reason for towing and... View More

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: CA Family Law/QDROs: Under what circumstances can I file an RFO to amend a QDRO to award me entire monthly annuity?

2022 CA Family Law Court Order ordered ex-spouse to pay X amount to me. Ex-spouse has not paid a penny/and informed me will not pay the debt. Ex resides in another state and has no assets in CA. That same court proceeding included dividing an annuity via QDRO. Debt owed by ex is substantial.... View More

James L. Arrasmith
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answered on Nov 17, 2023

In California, amending a Qualified Domestic Relations Order (QDRO) to award the entire monthly annuity might be possible under certain circumstances, particularly if it's to enforce a court-ordered debt. To do this, you would need to file a Request for Order (RFO) with the court, explaining... View More

1 Answer | Asked in Civil Litigation and Collections for Arizona on
Q: I am being sued by a payday loan company for defaulting on a loan. The registration for my vehicle was used to secure

The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More

Peter H. Westby
Peter H. Westby
answered on Nov 15, 2023

Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More

1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Q: Zulily owes us 15k and they are based out of Seattle Washington but they just sold it to Regent LLP in Los Angeles.

Zulily uses owes 15k and we want to sue them in a civil lawsuit. Can we file the lawsuit in Los Angeles Superior Court since the company that acquired zulily is Regent LLP based out of Beverly Hills.

Or do I have to file the lawsuit in Seattle WA?

James L. Arrasmith
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answered on Nov 14, 2023

In determining where to file your lawsuit, consider the jurisdiction and venue. If Zulily, now owned by Regent LLP in Los Angeles, owes you money, you may have grounds to file in Los Angeles Superior Court.

This is especially pertinent if the transaction or events leading to the dispute...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Tennessee on
Q: how to file a judgement lein on private property

Have judgement in Maryland, Debtor moved to Tennesee, has propery there. I want to file a lein. How do I do this

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 25, 2024

You must make your Maryland judgment into a Tennessee judgment before you can file a lien. I recommend that you hire a Tennessee lawyer to do that for you. It ought not to cost much.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: Meaning et al
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answered on Nov 21, 2024

Here's what "et al." means and how it's used in legal contexts:

When you see "et al." in legal documents or court cases, it stands for "et alia" or "et alii" in Latin, meaning "and others." You'll often encounter this term...
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1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: I have a 50K judgement against someone and they wont pay me anything. How do I get a payment plan enforced by the judge

How can I garnish her business account or make her start a payment plan without using a lawyer? Are there things I can do myself?

Anthony M. Avery
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answered on Nov 20, 2024

Obviously you cannot handle this yourself. Hire a collection attorney on this. That is a fairly large amount of money which will take time and many attempts to get anything. It appears that you have not looked at your target closely yet, which you need to do now in order to get the attorney... View More

1 Answer | Asked in Collections for Michigan on
Q: A lawyer took over my medical bill collection from 2007. Can they keep garnishing my tax return after 10 years?

They also send me paperwork 4 months after filing with the courts

Robert Keyes
Robert Keyes
answered on Nov 15, 2024

Yes. Debts can be renewed every 10 years. I always advise MI clients to not file MI tax returns if they are getting a refund since the state doesn’t care if there is no filing if there is a refund due.

Not sure what you mean about “they”sending you paperwork after filing. After what...
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2 Answers | Asked in Collections for California on
Q: Can my Social Security be taken by credit collection agency?
Joel Gary Selik
Joel Gary Selik
answered on Oct 30, 2024

Social security is exempt from Collection. If there is a bank levy look into a claim of exemption.

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