Richard Scott Lysle’s Answers

Richard Scott Lysle

Los Angeles Debt Collection Attorney.

Contributor Level 18
  1. Got sued for debt that I do not owe.

    Answered about 3 years ago.

    1. Richard Scott Lysle
    2. Dorothy G Bunce
    3. Tom Arany
    4. Paul Gerard Minoletti
    4 lawyer answers

    You are the victim of a "mixed file" situation. You should consult an attorney who has experience in this specific area. You may have the right to sue the creditor, after your attorney sends a couple of set-up type letters, and recover statutory damages for yourself and attorney's fees for the attorney. In addition, you may have credit damage. In my experience, when I file a lawsuit or a cross complaint in this type of case, the collection agency will, as soon as a supervising attorney...

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  2. Can an attorney put a lien on the debtor's bankruptcy plan to get his own money?

    Answered about 1 month ago.

    1. Richard Scott Lysle
    2. Michael Raymond Daymude
    3. Edna Carroll Straus
    3 lawyer answers

    Attorney No. 1 cannot put a lien on the Chapter 13 plan. He is not a creditor of the Chapter 13 debtor. What he/she can do is to sue you. You can defend that lawsuit and, perhaps, file a counter claim for legal malpractice. If you lost to attorney No. 1, he can levy upon your assets. The chances of his ever being able to get something directly from the Chapter 13 plan depends upon the specific facts of both cases. It might be possible, but with great difficulty. And, it may take a long...

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  3. Hi. I have a debt collector calling me about an outstanding credit card debt from 1993. They say the debt holder will file

    Answered about 2 years ago.

    1. Richard Scott Lysle
    2. Michael Charles Doland
    3. Brian Crozier Whitaker
    4. James Carl Eschen III
    5. Brad Francis Weil
    5 lawyer answers

    I have not heard of this scam before. First of all, if the debt is that old, it is not enforceable. Second, do not trust the debt collector. He/she will lie. Third, if they have any honesty, they cannot promise to break the law. The tax laws require that the file a 1099-c as an information return. If they do this, your tax preparer can dispute it and prevent any taxes from accruing. Just because you receive a 1099-c does not mean that it is really taxable income. If you pay nothing, I...

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  4. I just found out that 5 years ago two judgments were placed on me. Nothing shows on my credit report and I was never served.

    Answered about 2 years ago.

    1. Richard Scott Lysle
    2. Seyed Abbas Kazerounian
    3. Hillary Johns
    4. Carl H Starrett II
    5. Crosby Scott Connolly
    6. ···
    6 lawyer answers

    Go to the courthouse. Look at the court's file. Get copies of the relevant documents, including the Proof of Service, the Complaint and the Judgment. Get anything else that is interesting. The Proof of Service will have a date, time and place where and when service was allegedly made. Depending upon what they claim, get documents showing that you did not live at the address claimed, etc. Consult a lawyer. You may not only have a proper defense, but you may have a claim against the...

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  5. I have no assets and am being sued for credit card debt. My only income is direct deposit social security and military pension.

    Answered about 3 years ago.

    1. Brian S Wayson
    2. Frank Wei-Hong Chen
    3. Donnie Dac Ho
    4. Tom Arany
    5. John Addison Vos
    6. ···
    6 lawyer answers

    I assume that you are being sued in a court somewhere in the USA. If the suit is being filed in Thailand, I cannot speculate as to Thailand law. Has personal service of a Summons and Complaint actually been effected. Often a collection agency tells you that they are filing suit, when, in fact, the lawsuit has not been filed. If you do not maintain a residence (or a business) in the USA, at what address are they attempting to serve you?

    11 lawyers agreed with this answer

  6. Can my employer pay into a garnishment before the date on the court order?

    Answered 8 months ago.

    1. Richard Scott Lysle
    2. Lauren Ann Rode
    3. Richard D. Granvold
    4. Lisa Jane Espada
    5. Stuart Gregory Steingraber
    6. ···
    7 lawyer answers

    Yes. Take a copy of the bankruptcy petition, bearing the court's filing stamp (if you filed by paper) or proof of filing if filed electronically, to the Sheriff. The Sheriff may release the money, or the Sheriff may require further paperwork. The money should be refunded. Your bankruptcy attorney can give you more specific advise.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Should I settle with collection agency or with original lender?

    Answered almost 3 years ago.

    1. Richard Scott Lysle
    2. Robin Mashal
    3. Robert Harlan Stempler
    3 lawyer answers

    You need some professional help with your situation. There are important facts which are not included in your question. Is the loan still a secured loan? If you are still in the house, do you want to sell the house but are being prevented from selling by the lien. If the mortgage is not secured, you should ask for a release signed by both the collection agency and the original lender. The settlement agreement should be in writing. You need to deal with the IRS Form 1099-C, which will come...

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  8. When does the Statute of Limititations start on credit card debt in California?

    Answered 9 months ago.

    1. Richard Scott Lysle
    2. Tyler S Hinz
    3. Michael Christopher Burr
    3 lawyer answers

    Do not believe anything that a debt collector tells you, especially if it is a legal opinion. Have you been sued, i.e., been served with Summons and Complaint. The SOL is an affirmative defense which you must plead in your Answer and which you must prove at trial. There are a number of things that can "toll" (suspend) the SOL, such as being out of the country. If you are being sued, I suggest that you consult an attorney. If the underlying contract with HSBC includes an attorney's fees...

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  9. I've been summoned for debt collection. How do I respond?

    Answered 3 months ago.

    1. Richard Scott Lysle
    2. Stephen Charles Breuer
    3. Edna Carroll Straus
    4. James Charles Shields
    4 lawyer answers

    I assume that a process server handed you a Summons and Complaint. You should get a copy of your credit report. Free, one time each year, at annualcreditreport.com. Then take the legal papers, your credit report, and any other documents relating to the account to an attorney for a consultation. Some BK attorneys do "free" consultations but you want to talk to someone who litigates debt collection cases on behalf of consumers. You may have defenses to the lawsuit, or to the amount that is...

    9 lawyers agreed with this answer

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  10. I have had a debt that reached collection ($2500). I paid the debt but they refuse to give me a confirmation of it.

    Answered 27 days ago.

    1. Richard Scott Lysle
    2. Edna Carroll Straus
    3. Mildred N. Phillips
    4. James Charles Shields
    4 lawyer answers

    Depending upon the facts and the documentation, you may have the right to sue CACH, and perhaps related entities, for violation of 15 U.S.C. 1692f, the federal Fair Debt Collection Practices Act, as well as a similar California statute. You will need an attorney who is experienced in this area of law. In an FDCPA lawsuit, you are entitled to recover your damages, a statutory penalty of up to $1,000 per violation, plus your attorney's fees. An FDCPA lawyer can give you further advise.

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