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Richard Scott Lysle

Richard Lysle’s Answers

2,795 total


  • Do I have a chance to get justice if I appeal?

    I disputed an account from Citibank. Citibank didn't Honor my dispute. I called them again and was referred to their legal dept. their legal dept refused to talk to me. For more than 3 years passed , Portfolio Recovery tried to collect and i ...

    Richard’s Answer

    From what you say, you argued a defense which is not a defense. You argued about the assignment of the account, instead of litigating the validity of the underlying charges. The judge ruled upon the evidence admitted and the argument made at trial. You cannot win an appeal unless you have a proper record of the trial court proceedings. did you pay for a court reporter? Is there any record of the oral testimony in court?

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  • (How) Can I record a judgment lien against real property owned by the spouse of the debtor?

    The property was acquired after the judgment, but put into the spouse's name only. As community property, I should be able to file the lien on the property. I have the abstract of judgment against the husband. What is the process by which I wil...

    Richard’s Answer

    You will need to file a lawsuit against the wife. And then hope that she does not transfer the property before the lawsuit goes to trial.

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  • I was awarded a judgment against a debtor a little over two years ago. How can I collect?

    The debtor quickly went off the radar after my judgment was awarded and I have yet to collect a dime. The debtor has recently resurfaced and I would like to start a wage garnishment but am not sure how. Additionally, as far as I know my judgment s...

    Richard’s Answer

    I assume that you have a civil or a small claims judgment from a local court. You obtain a Writ of Execution from the court clerk. You find out the correct legal name of the employer. You have the Sheriff serve a garnishment order on the employer. the first notice that the debtor receives is when his paycheck is short. He may them file a Claim of Exemption, claiming that he needs all of his money in roder to pay for "necessities of life." If he does, you can oppose the Claim of Exemption.

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  • Can a 3rd party buyer of debit sue me when Im out of state? They in California me in Tennesse

    Orignal creditor Vision Security opened on credit report 11/21/2012. Sold to Hillcrest Davidson opend on my credit report 11/1/2012?The alarm system was obtained years prior to these dates and we didn't pay because they turn the alarm on 24/7 if y...

    Richard’s Answer

    You can be sued either in the state where the (alleged) debt was incurred or in the state where you now live. If they sue (do not believe anything that a debt collector tells you), they will probably attempt substituted service at the address where you used to live. i suggest that you send the collector a certified letter, return receipt, telling them that you no longer reside in California. You can be a little vague about giving out your current address in TN. Perhaps a PO Box. Will they file a lawsuit, and then attempt to effect personal service upon you at a post office box? Maybe or maybe not. Under California law, you cannot be sub-served at a USPS PO Box but you can be at a private PO Box (Such as Mail Box etc.).

    If they do sue in California, they will then need to file a second suit in TN to "domesticate" the California judgment in order to garnish wages or levy on property in TN.

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  • Will contacting the original creditor after the SOL has passed for sueing, cause the clock to restart.

    It's been 3 years and 10 months since the time I became late which led to this charge off on an auto loan. Credit Report is showing charge off and a balance due, also not showing the account as being sold. We had an agreement 4 years ago to put 2...

    Richard’s Answer

    I do not see any advantage in your contacting the original creditor. If the original creditor has transferred the account, nothing that you pay to the original creditor will be credited to the account. If you contact the collector, it might rattle their cage and cause them to sue you or to report the account with an incorrect date of default. Remember, the Statute of Limitations is an affirmative defense which you must plead when you are sued, and then you will have the burden of proving this defense at trial, with admissible evidence. If you are not sued, you have no need to litigate the issue. Finally, you should have an attorney review the specifics of your case because the Statute of Limitations can be complicated. If you were out of the state for any period of time, the SOL may be tolled during your absence. The SOL does not start to run from the date of your last payment but from the date of the breach of the agreement, or later.

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  • What to do in the case when a contractor files a mechanic's lien against my property? How do I oppose this lien?

    I hired two unlicensed workers to remove asbestos and repaint the walls of my condo. After they finished removing the asbestos, I paid them the money as agreed. However, they were doing a poor job so I didn't want to employ them anymore. My genera...

    Richard’s Answer

    You have a claim against the general contractor and against his bonding company. Assuming the contractor is licensed, his bond information is available from the State Contractors License Board. The contractor should pay all costs relating to this claim.

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  • At this point, can I pay the doctors office directly and avoid the interest fees accrued from the collection agency?

    I received a court summons today stating a collection agency is suing me. It's a medical collection from 2012 that I was told by the medical office was taken care of then all of a sudden 3 years later it pops back up. I never received statements o...

    Richard’s Answer

    The collection agency has the account and any payments must be made to it. If you send money to the original creditor, consider it a gift; it will not be credited towards the amount demanded by the collection agency. I urge you to consult a lawyer who can review the specifics. Your lawyer may be able to negotiate a reduction of the amount or some other resolution.

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  • Amending a Recorded Mechanic's Lien - Property was Sold and has New Owner.

    I have a Recorded Mechanics Lien in L.A. County. I just found out that the Property was Sold and has a New Owner - Do I need to Amend the existing Recorded Mechanic's Lien for the New Property Owner ? Can I Amend an Existing Lien ?

    Richard’s Answer

    No, you cannot amend the lien. If you recorded the lien more than 90 days ago, and you have not filed a lawsuit to foreclose on the lien, your lien is dead. All you can do is to sue the original owner for breach of contract.

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  • Can I be garnished for a 17 year old judgment?

    I received a judgment for garnishment from our County Clerks office. The judgment is in my maiden name and is dated June 1998. After losing my mother to Leukemia 18 years ago I lost my home and excellent credit rating because I was taking care o...

    Richard’s Answer

    In order to give you useful advise, it will be necessary to review the court documents. the paperwork you have should include a court case number. You should go to the courthouse and review the court's file. Makes copies of the most interesting documents, include any document of proof of service. Then consult an attorney.

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  • Court clerk issued my abstract of default judgment, now what do I do?

    I want to collect my default judgment and I was advised to get an abstract of judgment and proceed with filing it with the county recorder office where the defendant resides and does business. What next? Tried calling the recorder office but I...

    Richard’s Answer

    You need to get an "Abstract of Judgment" form issued by the court clerk. It should be a "recording abstract." The clerk charges $25.00, and the document will have the court seal. It does not need any further notarization. then you record it at the office of the County Recorder. Your judgment will then become a lien upon any real estate owned by the debtor in the county.

    There are other methods of enforcing the judgment, including wage garnishment and bank account levy. You will need to have a Writ of Execution issued by the court and you must have specific information, such at the bank account information, in order to instruct the Sheriff as to what to levy upon.

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