Richard Scott Lysle’s Answers

Richard Scott Lysle

Los Angeles Debt Collection Attorney.

Contributor Level 17
  1. Got sued for debt that I do not owe.

    Answered over 2 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. Hi. I have a debt collector calling me about an outstanding credit card debt from 1993. They say the debt holder will file

    Answered almost 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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  3. 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 almost 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...

    11 lawyers agreed with this answer

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

    Answered over 2 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?

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

    Answered 4 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

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

    Answered over 2 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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  7. When does the Statute of Limititations start on credit card debt in California?

    Answered 5 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...

    9 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. The statute of limitations has past on an old credit card debt. A debt collector keeps contacting me. Can I tell them to stop

    Answered 7 months ago.

    1. Richard Scott Lysle
    2. Kevin Samuel Sullivan
    3. Brian Gail Kindsvater
    4. Daniel Tam
    5. Michael A. Satterwhite
    6. ···
    7 lawyer answers

    You have the right, under federal law, to send a written request that they stop contacting you. After that, they can send you one last letter acknowledging receipt of your request and they can still sue you, if they want. Also, if they are assessing contractual interest, they may be allowed to send billing statements showing the accrual of interest charges. If the debt collector continues to call you, you can sue the debt collector and recover a penalty of up to $1,000 per violation, plus...

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  9. Help please!! Should I pay them?

    Answered over 1 year ago.

    1. Richard Scott Lysle
    2. Alan D. Walton
    3. Paula Brown Sinclair
    3 lawyer answers

    Do not pay them until and unless the validate their claim by providing you with property documentation, including a copy of whatever you signed when you took out the loan, an account history and proof that they own the debt. I doubt that they will sue you, as the amount is small and they would need to pay a local attorney and the Superior Court filing fee. If you do not get a demand in writing, before suit, they won't be filing. Does this debt collector claim to be located in California?...

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  10. I have credit card debts and HOA dues Judgement to pay!

    Answered 10 months ago.

    1. Richard Scott Lysle
    2. Tyler S Hinz
    3. Jonathan Stone
    4. Kevin Samuel Sullivan
    5. Lisa Jane Espada
    6. ···
    6 lawyer answers

    Many bankruptcy lawyers will give you a free consultation. You need an attorney (not a store front legal forms preparation service) to advise you regarding your BK options. You can also negotiate the credit cards w/o BK, but stay away from "debt settlement" firms. As far as the HOA judgment, HOAs are notorious for not compromising. That still does not mean that you should pay the judgment. Many, or most, of what you own is exempt from execution or levy by creditors. This list is about the...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful