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Robert Harlan Stempler

Robert Stempler’s Answers

4,030 total


  • Collection Judgment

    I had debt about 10 years ago, i thought i paid all, but i was sued by the collect agency. About a month ago, they hold my bank money and they took all of them. and they sent me the notice of opposition to claim of exemption and notice of hearin...

    Robert’s Answer

    You are not alone in this situation. Perhaps this was an invalid service and the judgment can be set aside, but only if you promptly file or have an attorney file for you a motion to set aside default judgment or bring a separate complaint in equity. See my link, below, on options to a default judgment and consult promptly with a debt collection DEFENSE attorney or a bankruptcy attorney. Otherwise, this will not stop, until the judgment has been fully satisfied, settled, or discharged. Delay will further limit what options you may have, so do not delay.

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  • Can a law firm be sued for evading service?

    If the intent was malicious and in retaliation?

    Robert’s Answer

    A law firm should be available during regular business hours, Monday through Friday. If not, then perhaps you need to find the lawyer(s) at a different address. Use a skip tracing company or private investigator to handle this properly or pay the process server extra to provide this additional service. There is no lawsuit for a party who evades service, but if they cannot be served with reasonable diligence, the plaintiff should file a motion with the court to request publication. It's expensive and takes further time, but would also resolve the problem. Retain a lawyer to assist you on that.

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  • Can I be held responsible?

    My sibling came to my home uninvited and was told to leave. Sibling refused. Sibling put hands around my throat, so I threw sibling against a wall. Sibling struck my face and I punched. Sibling's nose is now broken and requires surgery. Police did...

    Robert’s Answer

    Certainly the sibling can sue you. Possibly your homeowners or renters insurance coverage could help you pay for an attorney and possibly even a settlement. You may have, from the facts, good defenses and possibly even claims against the sibling, for the harm caused to you. There are time limits, known as the statute of limitations, so consult an attorney who handles personal injury and homeowner liability. Avvo is a good source, on its "find an attorney" tab, as is your local bar association or the California Consumer Attorneys' Association.

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  • A privite investagator call my daughter looking for me on a case that they had they told her why they are looking for me

    they scared my dauther saying that if they can get ahold of me that she was going to pay for it

    Robert’s Answer

    Sounds to me as though this was a debt collector violating the Fair Debt Collection Practices Act. Consult with a consumer attorney promptly, as you only have one year on the FDCPA's statute of limitations to seek damages for such violations. Collecting a debt must be directed to the debtor or debtor's spouse, not other persons if they are not liable on the debt.

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  • Signing a Release of Claims

    My dentist agreed to refund half of my money for bad dental work. He wanted me to sign a release of claims paper before issuing the refund. Is there anything I need to be cautious about before signing this form? Can I still make complaints to the ...

    Robert’s Answer

    Consult an attorney to ensure that you should not be getting all of your money back and then some. Whether you complain to the dental board is up to you, unless the release states that you cannot do that. Also, what if the release acknowledges that you have received the refund, then the dentist does not pay it? You can get a referral from the local county bar association's legal referral service or use Avvo to find a malpractice attorney who handles dental work.

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  • A company is trying to collect on a Providian Card from 2001 that I never had that they say is $5,245.34 due. Is it a scam?

    I filed for bankruptcy In 7/3/97 following my divorce and had everything discharged on 10/22/97, and never applied for any credit cards after that. It seems strange that a company, Malcolm S. Gerald and Associates, Inc. would try and collect money...

    Robert’s Answer

    If the debt predates your bankruptcy petition, consult your bankruptcy attorney to prosecute in Bankruptcy Court the violation of the automatic stay and discharge order. If the debt did not exist at the time that you filed bankruptcy, then you need to find out if there is a judgment against you and get the particulars, to meet with a consumer debt collection DEFENSE attorney to figure out your best course of action and options. If no judgment, and you have not made any payments in years on this account, then it is harassment in violation of the Fair Debt Collection Practices Act, if they have threatened you in any way with a lawsuit or collection of wages or levying bank accounts. Consult a consumer attorney about collection harassment within the one year statute of limitations, if you want to pursue that claim.

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  • Can the allegations in a verified complaint be used in a separate statement in support of a motion for summary judgment?

    As opposed to a declaration by the Plaintiff?

    Robert’s Answer

    As Mr. Chen stated, if you file a motion for summary judgment, then use a declaration in support, there is no need to refer the court to a complaint, verified or not, if the complaint is your own. Get a lawyer if you are in any court other than Small Claims. Motions for summary judgment are costly and time consuming and rarely granted, so why waste the court's time and your money and time, if it is not going to help advance your interest in resolving the case economically?

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  • Are there any circumstances in which I shouldn't publish details of a civil lawsuit after it has been dismissed?

    I discharged a civil lawsuit with a bankruptcy. I want to talk about what happened during and what led up to that civil lawsuit online since the "other side" is spreading lies about me, which is damaging to my career. Can I clear my name without b...

    Robert’s Answer

    Consult an attorney who handles defamation cases, so that you can determine if the lies are actionable defamation or libel and what you can recover for it and what to expect. Putting this information on a site such as Avvo will not get you enough on which to decide if you should file a lawsuit and could end up with information that the "other side" finds and uses against you. That one reason why Avvo has a community guideline, to protect the privacy and rights of the users.

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  • When a document t is filed in the court with the clerk at Stanley Mosk, does the clerk record the TIME she received it in the

    computer? I filed a doc and it was conformed but no time. Does the system the clerk use having a time when she enters when she received the document?

    Robert’s Answer

    Documents received in the LA Superior Court system are stamped received by the clerk if it is not processed the same day, such as when documents arrive by U.S. Mail or overnight delivery. Documents are not stamped with the time, only the date, but perhaps the clerk has internal information that can be made available and the receipt for payment of court costs has for years shown both date and time in LASC. I suggest calling the clerk of the court during their regular phone hours to determine if they can give you the information on your specific document.

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  • What are the statutory damage for bad collections under the FDCPA

    If a collections caller calls you over and over in a day, to intentionally harass you, and annoy you, and its an automated call system; what are the statutory damages allowed. Ive seen the number in the Rosenthal FDCPA law in California at $1,...

    Robert’s Answer

    The FDCPA provides an award of the consumer's actual damages, up to $1,000 statutory damages, costs and attorney's fees. Same with the Rosenthal FDCPA. It is per case, not per call or incident. Consult a consumer attorney with experience in debt collection harassment cases. Do not delay, to avoid the one year statute of limitations barring any claims or damages you may have.

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