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1 Answer | Asked in Contracts, Collections and Civil Litigation for California on
Q: Can attorney for the defendant in a very similar (unlimited civil) case be the agent to receive summon of a new case?

Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.

James L. Arrasmith
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answered on Jun 26, 2024

Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.

In California, proper service of process typically requires:

1. Personal service on the defendant

2....
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1 Answer | Asked in Collections for California on
Q: Can debt be sent to collections without the person who owes it being formally notified of amounts and dates?
James L. Arrasmith
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answered on Jun 25, 2024

In California, debt cannot be sent to collections without first notifying you of the amounts and dates. Creditors are required by law to provide you with a written notice that includes details about your debt before involving a collection agency. This ensures you are fully informed about the debt... View More

2 Answers | Asked in Collections and Family Law for California on
Q: If Judgment includes attorney fees, can legal fees to pursue collection be included in Memorandum of Costs?

CA Family Law Court Order against X included paying attorney fees. Order was turned into a Judgment, now domesticated in another state. Can legal costs pursuing collection be included when the Form MC-012 is filed?

In other words, does statute below cover Family Law Court Orders that... View More

James L. Arrasmith
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answered on Jun 24, 2024

To answer this question, let's break it down step by step:

1. The original Family Law Court Order included attorney fees against X.

2. This order was turned into a Judgment.

3. The Judgment has been domesticated in another state.

4. The question is whether legal...
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1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes...
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2 Answers | Asked in Civil Rights, Collections and Identity Theft for California on
Q: So my case has been settled how do I collect my money if my attorney don't want to pay me still??
James L. Arrasmith
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answered on Jun 22, 2024

To address this situation, here are some steps you can consider:

1. Communicate with your attorney: First, try to have a clear discussion with your attorney about the settlement and payment. Ask for a detailed explanation of why the payment is being withheld.

2. Review your fee...
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1 Answer | Asked in Insurance Bad Faith and Collections for Texas on
Q: There was a garage fire that melted my HELLCAT back in Sept of 2023. He had dropped the coverage to liability 4 days bef

Before the fire. There was still several days left in the month where the premium was paid already. They refused to pay for my car to be repaired and everything . But they have sent the insurance premium to the collection agency and have stated that the policy wasn't cancelled till January.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Your question presents things that need to be sorted out for an attorney to advise meaningfully. Who is "he," the person who dropped your coverage? Why weren't you the one in dialogue with the carrier... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama on
Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are...
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1 Answer | Asked in Civil Rights, Collections and Public Benefits for California on
Q: Ok what if my lawyer says that he didn't represent me that I'm impersonating to stop calling them??
James L. Arrasmith
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answered on Jun 17, 2024

If your lawyer is claiming that they didn't represent you and accuses you of impersonation, you need to take immediate action to clarify the situation. Start by gathering any documentation or evidence you have that shows the lawyer-client relationship, such as emails, signed agreements, or... View More

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: what should I do to get the full amount he owed to me, including the accrued interest?

Since October 2021, an individual has been indebted to me for $30,000, with a 10% monthly interest fee agreed upon by both parties. He failed to make any further payments after the first 2 months. Despite my numerous attempts to remind him of this obligation, he has not taken the necessary steps to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 14, 2024

With some statutory exceptions (e.g., Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). In simple terms, the law gives people who buy goods or services for personal, family, or household purposes a way to privately sue businesses for illegal behavior and even for... View More

1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Insurance Bad Faith and Collections for Michigan on
Q: Can I sue my insurance companies for neglecting to pay and emotional distress?

Due to my medical insurance companies having differing policies on which insurance provider became my primary insurance, I had a series of medical bills go into collections and become a lawsuit due to non-payment. After the court ruled against me, Garnishment was taken from me. Later on, they then... View More

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A Michigan attorney could advise best, but your question remains open for a week. That sounds like it would be a tough case. You could be confronted with the question of what mitigating steps you took to negotiate or defend the matter before it ultimately made its way to garnishment. You could... View More

2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
James L. Arrasmith
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answered on Jun 14, 2024

First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.

Consider transferring assets to family...
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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More

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1 Answer | Asked in Bankruptcy and Collections for Texas on
Q: I have a default judgment and the bench hearing is tomorrow. Should I negotiate and pay before the hearing tomorrow?

I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.

James L. Arrasmith
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answered on Jun 9, 2024

It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More

3 Answers | Asked in Collections for Florida on
Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?
Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2024

Do you mean, "Can they file a case against me?" or instead, "Can they prove their case in court?" If the former, yes, anyone can file suit whether they have a strong case, weak case, or even a frivolous case. For any of those categories, a lawyer can advise how the matter... View More

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3 Answers | Asked in Collections for Florida on
Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2024

The phrase "an itemization of where they are getting their figures from" apparently means the amount owed. This is normally proved with periodic statements sent to the debtor. They also must be able to prove that they bought the debt from the original creditor and that they notified the... View More

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1 Answer | Asked in Collections for California on
Q: Regarding my previous question on collecting a 21 year old debt. The statute of limitations is up in both states-

for a long time- so, If I send a cease and desist letter, how do I do so without “acknowledging” the debt? I seriously think they are just fishing and I would know if there was a judgment. But, how do I find out if I have a judgement against me in another state? Call the county? And if they did... View More

James L. Arrasmith
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answered on Jun 7, 2024

Regarding your question about handling a debt that is past the statute of limitations in California and another state, here are a few points to consider:

1. Sending a cease and desist letter: You can send a letter requesting that the debt collector stop contacting you without acknowledging...
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2 Answers | Asked in Collections for California on
Q: Can a collection agency collect on a 21 year old debt? No contact over ten years. Got a letter today from collections.

Collection agency in homestate collecting a debt from 2003/2004.

I have been living in a different state for 11 years w no contact until a letter today..

Is there a statute of limitations? Can they garnish my check if they find my employer?

James L. Arrasmith
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answered on Jun 6, 2024

In California, the statute of limitations for most types of debt, including credit card debt, personal loans, and medical bills, is four years from the date of default or last payment. This means that if you haven't made a payment or acknowledged the debt in writing for more than four years,... View More

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3 Answers | Asked in Bankruptcy and Collections for California on
Q: Should I use affirmative defense or "other" to explain my bankruptcy in PLD-C-010 form?

I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More

James L. Arrasmith
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answered on Jun 3, 2024

In this situation, you should use the "Other" box in the PLD-C-010 form to explain that you have filed for Chapter 7 bankruptcy, rather than using the affirmative defense section. Here's what you can do:

1. In the PLD-C-010 form, check the box for "Other" under the...
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