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Joshua P Friedman

Joshua Friedman’s Answers

622 total


  • How can I collect money someone borrowed?

    I lent a friend money that she said she needed for rent. She has not made any effort to pay. She went to rehab in another state and stayed. She has a job and I can find her, but she will never come to small claims court. In addition I have a voice...

    Joshua’s Answer

    Yes and no, unfortunately. She can still be served in the other state with a process server. And some states allow service via US Mail when the defendant resides in a different state. But the costs involved, and costs that will be needed to enforce the judgment after you prevail, probably make this a bad financial investment. Sorry.

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  • Wages are being garnished

    Posting for a friend that's wages are being garnished for a repossession of a vehicle does she have any options?

    Joshua’s Answer

    Yes. Need to quickly file claim of exemption with local sheriff. Time is of the essence.

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  • Can a collection agency collect money if the dealership I got the car from is closed down?

    Got a car they keep changing banks to finance the car through they did it twice. They stop contacting me and sending me the bill for my monthly payments on the car note so i stopped paying and haven't paid in 3-6months. I rode pass the place I pur...

    Joshua’s Answer

    Most dealerships sell the loans almost immediately after financing customers, so yes, a collections agency probably can still pursue you, sue you, etc. even if the dealership is now out of business.

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  • How to freeze bank account?

    I just recently won a judgement against my landlord. I know where the bank is located. How would I freeze the money so I can execute the writ of execution?

    Joshua’s Answer

    Typically, you have the court clerk issue a writ of execution and then work with the local sheriff to serve the levy on the bank. Talk to the court clerk first and then the local sheriff to make it happen. Get your money!

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  • Debt collector and creditor

    Can a creditor act out as a debt collector can they be both the same time ? If they are a creditor they wont be liable under the fdcpa . if they are a debt collector they would ? .

    Joshua’s Answer

    The FDCPA does not apply to creditors collecting their own debts, correct. But there are lots of state laws that fill in this gap. In California, we have the Rosenthal Act. So locate a local consumer rights attorney and see what your rights are here.

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  • What are my dispute options here?

    Back in May of 2013 I was contacted by an attorney's office regarding a debt. Prior to the 30 days being up I sent a dispute letter. I never heard back from their office and at the time my daughter was hospitalized and was in and out the hospital ...

    Joshua’s Answer

    Contact a local consumer rights attorney sooner rather than later. But be ready to dispute the debt again, demand verification and keep on fighting. Good luck.

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  • Credit Card Garnishment

    I owe about 12000 to one credit card company Amex About another 5000 to hospital bills. I received a court hearing a year ago but garnishment was never taken out. I never showed up to court. Now I just received another one that states "Garn...

    Joshua’s Answer

    Looks like there is a judgment already entered against you and they are now starting to seize assets to enforce that judgment. Discuss your options with a competent local bankruptcy attorney and what impacts that filing will have on your life. But consider also negotiating with the creditor before the situation gets worse!

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  • I got served a earnings withholding order at work and I never was served any documentation prior to this. Can I fight this?

    It seems the plaintiff's agency said they served documentation to me in Los Angeles County. I currently live in San Diego and did when these papers were filed. Wouldn't this be an improper serving? If i was served properly, I could of done somethi...

    Joshua’s Answer

    You need to file a claim of exemption to attempt to stall the earnings withholding order and simultaneously file a motion to set aside the default and default judgment. It is a tall task and time is of the essence. Get a copy of the court file ASAP. Good luck.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

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  • Can they garnish my wages on a debt that was incurred from my ex husband while we were married and I signed along with him?

    They are say ing they will garnish my wages if I don't come up with the debt.

    Joshua’s Answer

    They need to file a lawsuit and serve it. It must be against either your ex or you personally, or both. They must then get a judgment. Then they can garnish your wages, regardless if the judgment is against you, your ex, or both of you.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

    See question 
  • Please Help! Can I use this as my meritorious defense?

    I have a default judgment against me but I was never served because they used my old address. The debt was valid however I paid it off in 2011 to the first debt collector. I thought the matter was resolved but now my bank account is frozen by a ne...

    Joshua’s Answer

    Once there is a judgment against you, you do not get to re-litigate the merits of the case and make this argument until you get the default and default judgment set aside. You need to consult with an attorney ASAP to see what options are still available to you at this time.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

    See question