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Richard Scott Lysle

Richard Lysle’s Answers

2,764 total


  • In California, if a mechanics lien is cancelled in order to collect partial payment, can the lien be refiled later?

    In California, if a mechanics lien is cancelled in order to collect partial payment, can the lien later be refiled to collect the remaining amount if a notice of completion was filed?

    Richard’s Answer

    Probably not. I suspect that you are outside the time limit. Are you a general contractor, a subcontractor, a vendor or a laborer?

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  • What is the statute of limitations on an AT&T business phone line breach of contract debt?

    I got a call from a debt collector claiming they have a "debt" of mine from 2003 from an AT&T business line. The guy didn't have a lot of information and said that the "debt" has gone through several different companies. He said they were going ...

    Richard’s Answer

    Scam. The "debt collector" has no connection with AT&T. He/she probably will not even give you a valid street address. They will not sue.

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  • Judgment Lien and Satisfaction of Mature Installment Judgment

    Due to ongoing alimony and child support, my ex-wife puts a lien on my house. Recently when I tried to refi, although I have NO support arrears, she refused to sign EJ-100, Satisfaction of Mature Installment Judgment. And she arbitrarily added sev...

    Richard’s Answer

    This matter belongs in family law court. You need a family law attorney who can review the specifics of the divorce judgment and the lien.

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  • What type of defense lawyer should be hired? Lawsuit for unpaid credit debt (below $20 thousand) opened fraudulently in my name.

    The person who originally opened the account is a family member who had access to my personal information. This person is on original documents but is not named in the documents filed related to the lawsuit.

    Richard’s Answer

    You can check the "Find a Lawyer" on the website of the National Association of Consumer Advocates. You need a lawyer who regular represents consumers in collection matters. You may have a valid claim against the credit card company if you follow all of the procedures set up to protect consumers from identity theft. If so, you may be able to recover your attorney's fees from the debt collector. First step is to meet with a consumer lawyer.

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  • Collection agency says we had a court date and that we never showed up?? and denied to give any sort of prove? help

    I checked for my name and my mother's name on the superior court website to see if there's a case under my name.(So far my name or my mother's do not appear). When I was a minor my mother leased an apartment. We got evicted when I was an adult. No...

    Richard’s Answer

    You need to see a lawyer who regularly sues debt collectors for violations of the Fair Debt Collection Practices Act and/or the Fair Credit Reporting Act.

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  • Collections is asking me to pay for a bill that my mother owes

    When I was a minor my mother leased an apartment. When we moved out I was an adult. Recently I tried to buy a home, and I was told that I am under collection. Now collection is hounding me for rent that my mother was suppose to pay. They said I ow...

    Richard’s Answer

    Since you were not a party to lease, you are not liable for breach of contact. Did they sue you and obtain a judgment from the court or did they just report you to credit bureaus? You have recourse in either event, and you may be able to recover your attorney's fees. Meet with a consumer lawyer.

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  • Can I file contempt since my ex-husband refuses to pay the last $10,000 awarded to me in our divorce trial?

    He was supposed to pay in full by August 13, 2013 but he didn't. He deducted money that he still wanted to dispute even though the judge gave him instructions that he was not to dispute her ruling (he has a history of this). Our disabled daughter ...

    Richard’s Answer

    If it was a support order, you may be able to enforce by bringing a Contempt of Court proceeding. There is a one year statute of limitations to do this. If the award was in connection with a division of property and debts, you cannot enforce by contempt. But you can get a Writ and garnish wages or levy upon other assets.

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  • How can I find out if these collections calls or law firm calls are real or a scam?

    I owe a couple of installment loans that I haven't been able to pay back since my husband went on disability. I'm getting harassing phone calls on my cell phone and at work from creditors and sometimes voicemails stating that they are law firms or...

    Richard’s Answer

    it smells like a typical scam.

    Do not believe anything that a debt collector tells you. A legitimate debt collector will give you their identifying information. A scam artist will say that he/she is calling from a law office (usually a lie and always improper), that he/she is investigating a criminal/fraud/receiving stolen property case, that unless you send money (not via the mail but by wire, electronic access to your bank account, Western Union, etc., before 4 o'clock the Sheriff will come to your work an "Summon" you to court.

    If you pay any money, the scam artist will sell your information to other scam artists and you will be hounded to no end.

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  • I found out several months a judgment was filed in NJ, Ocean Co, in Jan 2015. I live in Ca, never served or contacted by anyone

    this is NOT my debt. It is my father's from a hospital visit by a specialist. The Dr,'s office told me they got billing info from hospital, except they never checked, not even any SS#. I am 63 yo now my dad is 93 yo. This money due is from 2011. ...

    Richard’s Answer

    Were you asking the collection attorney to help you? You need an attorney who represents you. The attorney for the collection agency is just trying to get money from you. Waiting too long before filing a motion to vacate may impair your legal right to bring a motion to vacate.

    It is a violation of the California Rosenthal Act for a debt collector to bring a lawsuit in a jurisdiction other than where the debtor resides, or where the contract was made. If there is a violation, you can sue the collector and recover compensation for actual damages, a statutory penalty and attorney's fees. You may also have a claim for violation of the Fair Credit Reporting Act, but you need to document your dispute before a legal cause of action arises. A lawsuit under the FDCPA, RFDCPA or the FCRA has a very short statute of limitations. If you have waited more than 12 months since the violation, you may have lost your right to sue.

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  • Do I file lawsuit in CA or AZ?

    I need to recover a personal loan in the amount of $10,600 from someone in AZ. This exceeds both small claims ($3,500 max) and civil claims ($10K max). I live in CA and issued the loans in CA while the other party was here on business. They liv...

    Richard’s Answer

    You can file in either state. However, if you obtain a California judgment, you will then need to file a petition in Arizona to "domesticate" the California judgment in Arizona in order to use Arizona court process to levy upon any bank accounts or other property located in Arizona. A California judgment can only be enforced upon property located in California.

    As to jurisdiction, the California Small Claims Court limit is $10,000, but you must effect service of process upon the defendant within the borders of California. Maintaining a listing on Yelp or FB will not help you. The process server must actually serve the defendant with the lawsuit and, if in Small Claims, must be done inside of California.

    Before investing good money and time, you should locate assets against which you can satisfy a judgment through levy. A civil judgment is not a court order that the defendant pay money, it just allows you to use certain court processes to levy upon non-exempt property.

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