I obtained a default judgment against my ex about 5 years ago. Part of the stipulation in the judgment, he was suppose to pay me around $30,000 in payments during 18 months. It was for equalization of community division. He failed to pay a dime. ...
In most circumstances, a judgment dividing community property cannot be enforced by contempt of court. Even if it could, you would need to prove the your ex was served with a copy of the judgment, not just a copy of the Summons. Also, he might have a statute of limitations defense in a contempt action. You need to enforce your judgment in the manner applicable to ordinary civil judgments. The best method would depend upon what information you have, what information you an get and what sort of assets or income he has.See question
This debt was sold to debt collector back early 2011
The Statute of Limitations is an affirmative defense. You must allege the running of the SOL in your responsive pleading, and you have the burden of proving this affirmative defense at trial. The SOL period starts on the "date of default" and continues only until the lawsuit is filed at the courthouse. There are several circumstances in which the SOL can be "tolled" - suspended. Now would be an excellent time to sit down with an attorney who is experienced in representing consumers in this type of case..See question
I received a bill for a Victoria's Secret credit card that I never opened. I called and reported it fraudulent. I was told the purchases were made on April 17th in corona, CA. My sister who lives in the same house as me (and knows all my informati...
Why do you have to prove anything? Section 1642 of Title 15 of the United States Code prohibits the opening of a credit card account unless the cardholder submitted an application. Be sure to dispute this bill, in writing, with the creditor and ask the creditor to provide you with a copy of the account application. Was it a written application, or was it done in the store? If it was done in the store, they should have it on video, and you were probably someplace else.See question
Albersons hired JH services, JH Services hired RCL and RCL hired me, RCL got paid but is not paying me, is the lien only on RCL or all three
Did you serve a Preliminary (20 day) Notice? On whom did you serve the Prelim Notice? You cannot put a lien on the property unless you served a properly prepared Preliminary Notice. The Notice cannot cover any work done more than 20 days before you serve the notice.See question
I am a defendant (in pro per) in a civil limited debt collection case. If I win at trial, what do I need to prove to the judge / or do in order to get paid monies from the Plaintiff for: the amount of time I was forced to take off of work, to prep...
You can file a Memorandum of Costs asking for the filing fee that you paid to the court and for any other fees that you paid to the court, to the Sheriff or other process server, or to court reporters. You cannot recover for your time off work, nor for your legal work.See question
They said just with my name, address and date of birth my name is going to collection.
Who is "they"? If a debt collector says anything, he/she is saying whatever he/she thinks will get you to send money. I would suggest that you do not tell them anything about you. Do not confirm your address, your age, etc.
A creditor can send any account to a collection agency. What they can do after that depends upon how much information they have. Without your social, it may be difficult for the credit reporting agency to verify that you are the correct person.
Just tell the collector that you do not want to receive any collection communications. Then, send a letter saying that you do not want to receive phone calls or letters. If they ignore your request (and you sent it certified mail), you can sue them for violation of the Fair Debt Collection Practices Act.See question
My husband and I had a construction company for 10 yrs. It folded in 2004. I had used cc to help in the slow times. I was unable to pay these back and they got judgments against me. I am now the executor of my moms living trust and also power ...
You must file your court papers in opposition to the motion at least 9 court days (not calendar days) before the hearing. The judge will decide on the basis of the paperwork filed prior to the hearing.
Because title to the house is in your name, and because you do not live in the house, the creditor can force the sale of the house. Your mother no longer owns the house; she made a gift to you. do you know that you may also owe the government a gift tax on the value of the house that was given to you?
You need a lawyer, immediately. Right now. Do not wait until the hearing. You may have a basis for delaying or opposing the motion, but you need a lawyer to represent you. And, also, your mother needs representation or the new owner will start an eviction lawsuit to get her out.See question
I owe 2500.00 to a Debt Collector, who is now the 3rd debt collector to buy the debt. I have disputed everything from the beginning, and my argument always leaves the debt collector confused, forcing them to resell the debt because I do my researc...
Typically 4 years from the date of breach, but this time period can be extended (tolled) for a number of reasons and if you make a promise to pay, you can re-start the SOL.See question
If a collections caller calls you over and over in a day, to intentionally harass you, and annoy you, and its an automated call system; what are the statutory damages allowed. Ive seen the number in the Rosenthal FDCPA law in California at $1,...
Is this a consumer debt? Are you being called by an employee of the original creditor or by a collection agency? If you send a "Do not call" letter, and you continue to receive calls, that is an additional violation. The statutory amount is a minimum of $100 and a maximum of $1,000 per violation. Repeated calls may constitute a single violation for statutory damage purposes -- there is conflicting legal authority in other states in cases based upon the federal FDCPA. In addition to statutory damages you can also collect any actual damages plus your attorney's fees.See question
My spouse just passed away and had a credit card in his name; am I responsible for this debit?
Was the account opened during your marriage? Were you ever put on the account as an authorized user? Is there a probate estate? Did he leave you anything of value?
If you receive anything of value, and sign a Probate Code 12500 Affidavit, you may become responsible.See question