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I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More 
answered on Feb 3, 2024
There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.
My experience in collecting debts, is that it is often a slow process. It can, of course, take years,... View More
I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?
Can Florida... View More
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answered on Feb 3, 2024
Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees,... View More
What should I do with my problem. I am sure the IRS will not let me make payments on this. Plus the fines and interest.
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answered on Feb 4, 2024
Receiving a 1099-C for a debt that was forgiven or canceled, especially one from over a decade ago, can be distressing, particularly when on a fixed income. The IRS considers forgiven debt as income, which can indeed lead to a significant tax liability. However, there are steps you can take to... View More
After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.
For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest... View More
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answered on Feb 3, 2024
In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that... View More
Is the reason they didn't contact me cause they aren't reporting for 6 months? That's what the lady to me on the phone. Also that I need to pay half down of the charged account before end of feb
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answered on Jan 31, 2024
In California, a collections agency is not required by law to contact you before reporting a debt to the credit bureaus. The six-month period mentioned could be their internal policy or a specific arrangement related to your case. It's important to note that while they may choose not to report... View More
I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars read above 500 when they were below 30. I am under a watchful eye by the local authorities and the people who benefit from... View More
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answered on Jan 30, 2024
The situation you describe raises serious concerns regarding the treatment you received while in custody, and the subsequent impact on your life. It's important to understand that everyone has the right to proper medical care and humane treatment, especially when in the custody of law... View More
In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More
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answered on Jan 28, 2024
It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.
Given the complexity of your case, including the initial damage to the shed,... View More
In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More
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answered on Jan 28, 2024
Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.
Good luck.
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
answered on Jan 26, 2024
This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
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answered on Jan 26, 2024
If your business closes next week, you're personally liable for the debt. EIDLs are not forgivable. You'll repay them over the 30-year term, though you can pay your loan off early with no prepayment penalties. Also, for future reference, a Sub-Chapter S corp is your worst nightmare and... View More
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
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answered on Jan 26, 2024
In New Jersey, as with other states, the structure of an S Corporation typically provides a degree of separation between the business's debts and your personal assets. This means that in many cases, shareholders are not personally liable for the debts of the corporation.
Since you... View More
I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More
answered on Jan 26, 2024
Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.
A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and... View More
My business partners back in my home country started suing me for money just after I left to the USA, my dad hired an attorney but lost 2 cases and now they want me to pay over 150k USD, can they uphold the judgement of that foreign country in the Middle East and come after me here in the US? I am... View More
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answered on Jan 26, 2024
In your situation, the enforceability of a foreign judgment in the United States, and particularly in Texas, depends on several factors. Generally, U.S. courts may recognize and enforce foreign judgments under certain conditions, but this process is not automatic.
Texas, like many states,... View More
money went missing from my bank account and credit score dropped. indication of a creditor lawsuit likely. where may I lookup default judgements?
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answered on Feb 25, 2024
If you suspect that a default judgment may have been entered against you, there are several steps you can take to look it up. Start by checking the public records in the county where you live or where the creditor may have filed the lawsuit. Many court systems offer online access to their records,... View More
I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More
answered on Jan 25, 2024
A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More
I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More
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answered on Feb 25, 2024
It's understandable that you want to start fresh with the State Employee Credit Union and open a new account after 18 years. However, if they have a record of an outstanding loan from your previous account, they may require you to settle the debt before opening a new account. Debts, including... View More
My car was involved in an accident in Sept and went to a insurance agent referred shop. The shop owner gave the runaround about waiting for parts for two months. Finally the shop owner said he had 95% of parts and would work on the car. The next month the owner claimed his shop was closing. Fast... View More
answered on Jan 23, 2024
Since he has now filed for bankruptcy, you will need to pursue the matter through the bankruptcy court. I recommend that you consult a bankruptcy attorney to determine whether a proof of claim needs to be filed, to get you on the list of creditors, etc. Be aware that you will probably not receive... View More
I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about... View More
answered on Jan 22, 2024
You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young,... View More
I have two separate units with Red Dot Storage. The units were rented several weeks apart. One unit is past due, but the other is current. I went to get some things out of the unit that is current but when I entered my gate code, it denied me access. The gate code was given to me by Red Dot when... View More
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answered on Jan 19, 2024
In Alabama, the specific terms of your storage facility contract with Red Dot Storage will dictate the rights and obligations of both parties. Generally, storage facilities have the right to impose certain access restrictions if there are outstanding payments or if the rent for any of the units is... View More
They’re claiming the debt was sold and they’re trying to collect now, but won’t provide me with documentation.
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answered on Jan 18, 2024
In Illinois, the statute of limitations for written contracts, including debts arising from pawn transactions, is generally 10 years. If you pawned a diamond ring and made payments on it 12 years ago, it's possible that the statute of limitations has expired, and the debt may be time-barred.... View More
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