Robert Lyman Hyde’s Answers

Robert Lyman Hyde

San Diego Litigation Lawyer.

Contributor Level 7
  1. Can a debt collector gain a judgement in court to garnish your wages in California?

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Richard Scott Lysle
    3. Seyed Abbas Kazerounian
    4. Dorothy G Bunce
    4 lawyer answers

    Not exactly. The debt collector may be able to get a judgment against you, and if that happens, they may be able to garnish your husband's wages up to 25%. However you can file for certain exemptions if garnishment would create a hardship. Furthermore, I am interested in this "settlement program." If they have taken advantage of you, you may have a lawsuit against them as well. Give us a call.

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  2. In CA, how do I find the statute of limitations on a medical debt owned by a collection agency?

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Matthew Michael Loker
    3. Susan Kathryn Ashabraner
    4. Peter Robert Stone
    4 lawyer answers

    It is unlikely that the collection agency will care. They aren't exactly know for being sympathetic. They will still demand payment. The best thing you can do is write them a letter (not a telephone call), telling them you do not owe this debt and you do not intend to pay this debt. Also tell them to stop contacting you. Keep a copy of the letter. If you hear from them again after that you will likely have a lawsuit against them under the Fair Debt Collection Practices Act, 15 U.S.C. §§...

    7 lawyers agreed with this answer

  3. Can a company file a suit in another state against me and never notify me?

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Richard Scott Lysle
    3. Brad Francis Weil
    4. Stephen M Trezza
    5. Alan James Brinkmeier
    5 lawyer answers

    Under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”): Any debt collector who brings any legal action on a debt against any consumer shall— (1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial...

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  4. I need help with a SCRA violations, The Rosenthal Act, and FDCPA. PLEASE HELP!!!!

    Answered almost 2 years ago.

    1. Seyed Abbas Kazerounian
    2. Robert Lyman Hyde
    3. Sandra Maria Nutt
    4. Richard Scott Lysle
    4 lawyer answers

    There are a number of violations of the FDCPA and California Rosenthal act here. Probably the most severe is that the debt collector represented not only to you, but to the court, that you are not a member of the military when, in fact, you are. We are in San Diego and have dealt with a number of these cases. Because it's a military town, we often see cases like yours where the debt collector lies to the court about the fact that the debtor is in the military. One of our attorneys is also a...

    6 lawyers agreed with this answer

  5. Can i be sued for more than I'm worth for defamation?

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Guy Irvin Wade III
    3. Stephen M Trezza
    3 lawyer answers

    It is unlikely that in a defamation lawsuit your parents could be found liable. Highly unlikely. It is also unlikely that if you provide a half-way decent defense, that you will lose. Defamation lawsuits are particularly difficult cases to win. Our office does not do this kind of legal defense, but I highly recommend hiring an attorney if you're going to defend on this case.

    5 lawyers agreed with this answer

  6. Do attorneys working for debt collectors have to produce documents for me before I give any them money and can they arrest me.

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Stephen M Trezza
    3. Paula Brown Sinclair
    4. Seyed Abbas Kazerounian
    4 lawyer answers

    First of all, you cannot be arrested for not paying a debt. If anyone is telling you that, or suggesting that, that is a violation of the law. If any lawyer is telling you that, or suggesting that, that is also a violation of the law. If that's what you're being told, you should contact our office and we will sue the people that said that. You can contact our office by filling out the form on the link I have provided below.

    5 lawyers agreed with this answer

  7. How do I stop a company based in Canada from harassing me about a time barred debt?

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Kris K. Skaar
    3. Paula Brown Sinclair
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    Our office files FDCPA claims against abusive debt collectors. If this debt collector has been "harassing," you they have violated the FDCPA, as well as California's Rosenthal act. It does not matter that they are from Canada, and contrary to the opinions of some of my colleagues, you can still sue them. However, these people may be scam artists. Many people involved with collecting on payday loans are scam artists. You should contact an attorney, and possibly bring a lawsuit. You can...

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  8. Can attorney's fees be used to sue me in Superior Court?

    Answered almost 2 years ago.

    1. Robert Lyman Hyde
    2. Frank Wei-Hong Chen
    3. Bruce Allan Wilson
    3 lawyer answers

    You can be sued for attorneys fees if it's part of your agreement with the HOA. That said, they must be "reasonable," and HOA debt collectors are notorious for violating the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). You need to contact our office. We have defended people who have been sued for HOA fees many, many times. The chances are very high that your...

    4 lawyers agreed with this answer

  9. A collection agency is attempting to collect a debt on a medical bill from a practice that dissolved when the owner died.

    Answered almost 2 years ago.

    1. Richard Scott Lysle
    2. Robert Lyman Hyde
    3. Dorothy G Bunce
    3 lawyer answers

    This is a complex issue, but if you fill out the form below we may be able to assist you. There is no charge.

    4 lawyers agreed with this answer

  10. Should I get an attorney or work with a debt settlement company?

    Answered almost 2 years ago.

    1. Robert Harlan Stempler
    2. Kevin Samuel Sullivan
    3. Robert Lyman Hyde
    4. Gregory Howard Wiley
    5. Stephen M Trezza
    6. ···
    6 lawyer answers

    You should never go through a debt settlement program. Debt settlement programs are rip-offs. My office regularly sues debt settlement programs, and for good reason. Debt settlement programs take more of your money and leave you any worse position than you are now. It is a near certainty that these debts can be dealt with in a much more efficient manner then you are doing now by ignoring them. It is even possible that the judgment that you have against you can be reversed. Fill out the...

    4 lawyers agreed with this answer