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Richard Scott Lysle

Richard Lysle’s Answers

2,935 total

  • How can I stop wage garnishment?

    I received a wage garnishment order, I never got served from no one so I did not have the opportunity to fight for it. Do I have options to stop the wage garnishment ?

    Richard’s Answer

    The court entered a judgment against you after the creditor filed a lawsuit and had a registered process server hand you a copy of the Summons and Complaint. What you need to do is to get a copy of the Proof of Service and other relevant documents from the court clerk. Some courts have online access to documents. In other courts you must go to the courthouse and review the court file, then purchase copies from the court clerk. Do this today. After you get these documents, if you do not believe that you were served and if you wish to contest the judgment, you must see a lawyer immediately. The lawyer whom you consult or retain should have experience representing consumers (i.e., ordinary people) in debt collection cases. In addition, you can file a claim of exemption, but if you do not file a motion to vacate the default judgment right away, you will lose your right to contest the judgment.

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  • How can I collect money ordered to me from the court in a divorce settlement?

    This past August I settled a court case with my ex in which she was ordered to pay me $250/month until the $11,000 she owed me in the case was paid off. If she does not pay me on time, she is responsible for the entire amount plus interest immedia...

    Richard’s Answer

    If the court order was for child support or for spousal support, you can ask the District Attorney to assist you and/or file a contempt of court proceeding. However, it appears that the amount was an equalizing payment as part of a division of community property and community debts. This is because you state that there is a specific amount, i.e., $11,000, due. If it is an equalizing payment, you are in the position of an ordinary judgment creditor. You can garnish wages, levy upon specific property, and conduct a judgment debtor examination. The debt would be dischargeable in bankruptcy.

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  • What is the statute of limitation for a collections agency to sue for a medical debt in CA and what is the likelihood?

    I am asking this question on behalf of my fiance, as I am helping him to resolve a past due medical bill originally for $7,750 but now at $10,000. We both have contacted the collections agency in charge of the debt and they are NOT willing to take...

    Richard’s Answer

    Every time you send in a payment of one cent or more, the Statute of Limitations starts to run all over again. If you make any sort of promise to pay, the SOL also starts again. The SOL is 4 years if there is anything in writing or if they sue on a "common counts" theory. The SOL is an affirmative defense which you must allege in your first filing with the court and which you must prove at trial.

    There are many defenses in medical debt cases, so you should meet with a lawyer who represents consumers in debt collection matters.

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  • Is this a debt collection/payday loan scam?

    I had someone call several times and leave messages from some sort of Pre Trial Processing from the state of CA. I called the guy today and they say they represent a Titan Group LLC and were trying to collect for a payday loan i supposedly default...

    Richard’s Answer

    It is a scam. There is a cottage industry in which scam artists buy info about low income and unsophisticated consumers from payday lenders and their employees / former employees. Reason why this is a scam:
    1. A civil judgment is not a court order to pay money.
    2. You cannot be put in jail for not responding to a civil summons.
    3. Debt collectors will send a letter demanding money and informing you of certain of your legal rights.
    4. The collector does not have a street address.
    5. This collector will ask that you pay with a money gram or cash card, by reading the numbers over the phone.
    6. The collector cannot add legal fees unless the written contract contains certain language.
    7. The collector cannot file a lawsuit unless an attorney, licensed in California (check with the State Bar and get a Bar No.) has personally reviewed the file. Any lawsuit must be filed by an attorney, not a collector.
    8. A debt buyer will not advance the money for court costs and its attorney's fees unless it thinks that you have assets or income.
    9. There is a Statute of Limitations, of either 2 years or 4 years.
    10. A debt buyer must comply with a new statute in California, which includes some disclosures.
    11. Is Titan Group licensed to do business in California? Check with the Secretary of State's office. If not, it cannot use California courts.
    12. Can the person who called you prove that he is an authorized representative of Titan?
    .13. There are more reasons, but I am running out of space.

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  • Would anyone like to get me some advice as to what we can do.

    Debt Collector garnished my husband's wages for debt of $7000. We went to court and got a reduced fee of $50 per paycheck for $1300 a year. We have been paying on it for 18 months. We are trying to refinance our house only to find out this comp...

    Richard’s Answer

    Nelson & Kennard is not a collection company. It is a law firm. It represents a variety of clients in collection actions, but it is not, itself, a debt collector.

    The creditor obtained a judgment, possibly a default judgment entered because your husband did not think that the matter was important enough for him to take the time to go to court. The reduction in the wage garnishment applies to the statutory exemption applicable to wage garnishments. It does not prevent the creditor from collecting by any other means. The judgment is still valid, and it accrues interest at 10% per year. Certain costs and fees are also added to the judgment amount. Any payments that you made, including garnishments, are credited against the judgment. What you will pay to the creditor out of the refi escrow is the judgment amount, plus interest and post judgment costs, less payments made. When the judgment is paid, the garnishment will stop. If not, contact an attorney who has experience suing Nelson & Kennard's clients (such as Collins Financial), for violations of the Fair Debt Collection Practices Act.

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  • How can I get my money the fastest easiest way

    I won a judgement about 20 years ago I've been renewing it every 10 years the judgment amount is About 3.2 million dollars need to know if it's possible to sell it or how can I get my settlement

    Richard’s Answer

    Try advertising on Craig's list.

    If you can identify assets, you can get a Writ of Execution and have the Sheriff levy. If you cannot find specific assets, you can hire an investigator.
    You can also do a Judgment Debtor Examination.
    If you cannot find assets, you cannot collect until you find assets.

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  • How can I find out if there is a lien on my property?

    How can I find out if there is a lien on my property?

    Richard’s Answer

    You can ask a friendly real estate agent to obtian a preliminary title report.

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  • What are my options to get this cleared up? I told the attorneys office all i had was 1250.00, to settle.

    I filed Bankruptcy in July 2009, it closed in May 2010, my condo that was included in the BK Foreclosed in June 2011. I included HOA fees from July 2009-May 2010, The HOA proceeded to send my HOA fees to collections as of July 2010. Fees that wer...

    Richard’s Answer

    Has a lawsuit been filed against you? If so, was a judgment entered?

    Remember that a civil judgment is not an order to pay. A civil judgment only give the creditor the right to garnish wages and to levy upon non-exempt property. If you do not have non-exempt property, there is nothing that the creditor can take.

    If you are still living in the residence, the situation is different. But you say that there was a foreclosure, so I assume that you no longer live there.

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  • I'm divorced i had my ex wages attached. Hes filing to not have them attached What's my next step

    I'm divorced i had his wages attached. Hes filing to not have them attached. What's the process and what do i do next, to keep them attached

    Richard’s Answer

    You next step is to meet with a family law attorney to review to the paperwork, including the support order and your ex's motion. These documents will show the legal basis of the motion, and an attorney can discuss the specifics. Do this now, as the court rules require that your opposition be filed with the court 9 "court days" (not calendar days) before the hearing date.

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  • Can I get a property I filed an abstract against from a trust with no known trustee??

    I just found out through the grapevine that a debtor who I have an abstract of judgment filed against his property has died . I found the obituary. He died 6 months ago and I have not been notified as his creditor. I went to the propert...

    Richard’s Answer

    First of all, there is no "trustee" unless the property is held in trust. If the property was owned by a trust, and not the individual, your Abstract would not attach. If there was no trust, the person in charge of the estate would be either an "executor" or "administrator" (or rix), depending upon whether there was a Will.

    Have you done a title search to ascertain whether there are any other recorded interests in the property? You might invest in a preliminary title report. Also, beware that if the property tax is not paid, the county will have a tax lien, which would have priority.

    After you obtain a title report, you might want to consult a real estate or probate attorney to review the documents and the facts and give you more specific advise.

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