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Robert E. Vosburg

Robert Vosburg’s Answers

97 total


  • WAGES GARNISHMENT

    MY WAGES ARE GETTING GARNISHED NEXT WEEK AT THE RATE OF 25% WHICH WILL EFFECT MY FAMILY IN A BAD WAY.. WHAT IS THE FASTEST WAY TO STOP THE GARNISHMENT AND HAVE A JUDGE REVIEW THE AMOUNT GARNISHED? THANKS TONY

    Robert’s Answer

    Go to the California Superior Court's website at:

    http://www.courts.ca.gov/forms.htm/?filter=WG

    Read over WG-003 and you will need to complete and file WG-006 & WG-007 with the levying officer. After they are filed, the creditor will have an opportunity to object. If they do, then there will be a hearing on the matter. You will have to show that the garnished wages are necessary to support the necessities for your family.

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  • Can i take a borrower to small claims court for money loaned in several payments in 2006 ?

    I have a contract ( made by me, not a lawyer) that he signed and the loan was made to him in several payments of 15 to 30 grand each and about a week or two apart. He used the money for construction on a second home that he no longer owns ( lost ...

    Robert’s Answer

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    Assuming that you entered into this contract with him as an individual, you would be limited in Small Claims Court to $10,000. You cannot file multiple actions in small claims when they stem from the same contract. This case would need to be filed in Superior Court, but it appears as though there might be an issue with the Statute of Limitations. You need to contact an attorney who can review the facts of your case and properly advise you of your options.

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  • My father is being charged by Mastercard Sears Solution, however he has never owned that card nor any credit card in his life

    My father never owned a credit card, a collection agency was calling my roommate from Korea who I never met before in my life prior to this year and was trying to get into contact with me, recently my father received a bill from the company clai...

    Robert’s Answer

    Sounds like he could be the victim of identity theft. A police report needs to be made. Contact the law enforcement agency that serves your jurisdiction. If that is the case then you must notify the credit reporting agencies as well. He should review his credit report to see if there are any other accounts that have been opened in his name.

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  • Is it a good idea to apply for Credit card from my mortgage bank or auto bank ,or it is better to go to a different bank ?

    Does it really matter? I have a Mortgage for a few years now and a new car and I pay my bills on time but my credit wasn't that good a while ago,so i am trying to rebuild it , I wanna apply for a credit card so which is a better to do it through ...

    Robert’s Answer

    Go with the financial institution that offers you the lowest interest rate.

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  • I had a law suit notice at my door for 1106.00 , I never heard of the person suing about a debt he bought from a credit co.

    Can someone help with an answer

    Robert’s Answer

    Yes. You need to file an answer. Most attorneys offer free consultations so do not hesitate to contact one to review your case.

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  • What action can we take for being placed in collections inappropriately? We had great credit.

    We have been placed in collections from a 2010 surgery for our son. $1350. After much anguish, research and days off work, we now have been informed that the hospital has in fact been payed twice the amount billed. (They were forced to reimburse...

    Robert’s Answer

    You say that you have been placed in collections, but has there been an entry made on your credit report? I agree with my colleague, you should have an attorney correspond with the hospital to fix their mistake. A letter should also be sent to the credit reporting agency, assuming an entry has been made, requesting that the negative entry be removed immediately. If this does not remedy the situation, then you should consider other alternatives, such as filing a suit against them. A consultation with an attorney should be free.

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  • We cannot afford to hire a mold inspector at this time, what can we do at this point? What rights do we have as tenants?

    My family and I have been living in our apartment for about six years now. Through out this time frame, we have had mold in our restroom ceiling. We have informed our manager and the solution is always to paint over it. We have a 13 year old, One ...

    Robert’s Answer

    You can file a complaint, online, with the Los Angeles Housing Department Code Enforcement Division.

    Try this link:

    http://cris.lacity.org/cris/informationcenter/code/index.htm

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  • Is it possible to record a judgment lien on defendant's home property?

    Recently, I obtained a judgment and writ of execution on defendant who defaulted on his payments. Can I slap a judgment lien on his home? If so, what is the necessary procedure and/or form I have to fill out?

    Robert’s Answer

    I agree with my colleague. The appropriate form is the abstract of judgment form. EJ-001 is the form number. You can get the form on the Superior Court's website, under Forms, then enforcement of judgment, EJ-001.

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  • Do i file bankruptcy as a sole-proprietor or "INC" ?

    i was a contractor doing business as a sole-proprietor. while sub-contractor on a project i was hit with claims & a lawsuit for unpaid wages .. i then incorporated but i did not get to operate as a corporation. i was thrown off the project . ...

    Robert’s Answer

    You need to file as an individual, including the activities of the business when you were a sole proprietor. A sole proprietorship is not a separate entity, it is you personally. When you incorporated, you created another entity, that will accumulate assets and liabilities, but it sounds like it did nothing and that all of the liabilities are on you personally. You need to consult with a bankruptcy attorney to help you file.

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  • What if the proof of service on a notice to quit is left blank?

    My boyfriend and i are renting a room and we were served with a 3-day notice to quit. It seems to be filled out improperly and served improperly but I'm not quite sure. The amount owed was whited out and rewritten in pen, the number of the landlor...

    Robert’s Answer

    • Selected as best answer

    Defective notice is a defense to assert if you go to trial. If successful, it can cause the landlord to have to start the case over again and serve you another 3 day notice. You should consult with a landlord/tenant attorney to review your case.

    For some additional information, take a look at this link to the CA Superior Court website, it lays out what is required in the 3 day notice. These requirements are also listed in California Code of Civil Procedure 1161.

    http://www.courts.ca.gov/1289.htm

    Hope this helps a bit.

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