Robert Harlan Stempler's Answers

What statute should I cite for enforcing a judgement plus a 10% interest fee?

Cal. Code of Civil Procedure, Section 685.010 has 10 percent on judgments. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com

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When does a collection account fall off your credit report?

Seven and a half years from date of default in payments with the original creditor for collection accounts. Closing date does not affect credit reporting, because then they can close it any time or never close it. Same with placing for collections. The maximum time is to allow the consumer to clear their mistakes after the fixed period expires. See sample dispute letters below, especially letter 3.2 for obsolete letters. Robert Stempler (please see DISCLAIMER below) www....

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A COLLECTION AGENCY DISSMISSED THEIR CASE WITHOUT PREJUDICE. CAN i REQUEST THE COURT TO DISSMISS WITH PREJUDICE?

Once the case is dismissed, the court no longer has the jurisdiction to authorize such request. However, you can file a memorandum of costs, such that you can recover any court costs that you paid to defend yourself in the case. See link below and go to form MC-010. You can prepare the form and file with the clerk. There is no charge to file this form. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com

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My lawyer did not attend the trial, and lied to me. The court told me i lost because of failure to appear. what should i do?

Failure to appear at a hearing that results in prejudice to the client is considered below the standard of care for a lawyer, for which you can complain to the state bar and have a potential claim for damages, due to negligence and possibly breach of contract. Lying to you also violates the Code of Professional Conduct to communicate promptly and completely to the client of substantive issues in the case. Before you may sue for damages, you must first to try to restore the case and get the...

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Does it matter if a debt validation letter is sent 3 months after the first contact from attorney, instead of within 30 days?

The request for validation must be sent in writing within 30 days of receiving the initial letter from a debt collection agency or debt collection attorney. If the debtor consumer sends the request for validation untimely, the debt collector can respond or ignore the request as untimely. If the consumer sends my sample letter 1.2 this has the benefit of not being limited in time, it can be sent any time. If this is not primarily a consumer debt, then these rules do not apply, as this is only...

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What can I do if I was sent to collections without my knowledge.

I agree with Mr. Ridley to send a written dispute to the company and the credit reporting agencies to dispute this account. It may be that this is a case of identity theft or mistaken identity of someone having a similar name or SSN. Be sure to examine carefully your credit reports to see if there are any other items that may show identity theft, such as other SSN's on your credit report. See my Avvo legal guide on identity theft and my sample dispute letters, in the links below. The sample...

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When will wage garnishment begin

Wage garnishment typically begins with the first paycheck after the employer receives the wage garnishment order, though sometimes it takes longer for employer to compute and then deduct. See my legal guide on Avvo (linked below) on how to reduce or eliminate a wage garnishment by filing for claim of exemption. If you file a claim of exemption, you may end up paying nothing. Are you certain that they have a judgment against you in court? If not, then they must first sue you in court and get a...

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Is there a cut-off date in serving plaintiff w/ requests for admissions, interrogatories & requests for production of documents?

Mr. Chen is correct. I would add that you need to send it much earlier, to ensure that you have sufficient time to enforce the discovery by way of a motion to compel, if the other side fails to serve discovery responses or the responses are inadequate or evasive. This takes time and some courts are very backed up with law and motion, so you may not have enough time, if you serve it 65 days before the trial date. The hearing to compel must be set at least 15 days before the trial date. If your...

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A collection agency has a levy on my bank account for a credit card debt ,can i stop it

If a lawsuit is filed timely (before the statute of limitations has expired), then if the court permits a judgment for the plaintiff, it can be enforced for 10 years from the date of the judgment and that judgment can be renewed for another 10 years, for a total of 20 years. If the lawsuit was filed after the statute of limitations has expired, the defendant needs to defend the lawsuit and properly assert that the lawsuit was untimely and specify the statute that was expired. If the defendant...

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Debt Collection: Does the collection agency have to put settlement agreement in writing?

They often don't and there is no legal requirement that it be in writing. That is why I have three legal guides on the subjects of: settling a debt collection (#1), getting the settlement in writing even if the other side refuses (#2) and terms to include in the typical settlement agreement (#3). Please see link below, to my legal guide #2, on Avvo. If you find the guides useful, please mark them with a "thumbs up." Thanks. Robert Stempler (please see DISCLAIMER below) www....

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