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Robert Harlan Stempler

Robert Stempler’s Answers

4,185 total


  • Received a wage garnishmentbut was not notified, what is my option?

    My employer told me he received a wage garnishment against me, I was not notified by phone or mail. Researching I discovered it's a 11 year old debt, it's not on my credit report, I was not notified & I had to hear it from my employer about this d...

    Robert’s Answer

    My blog, linked below, and several of the videos on my website cover options when a consumer is sued on a debt and also about default judgments. There are strict time limits after the judgment debtor (that's you) learn of a default judgment. In particular, you now learned of this by the wage garnishment, so figure 90 days from the date your employer received the notice, you will need to have a lawyer file a motion to set aside the default judgment or have the Plaintiff's collection attorney agree to file it, due to lack of service. Be prompt, phone calls do not protect you and even can be used against you, if that is all you do. You need to retain a debt collection DEFENSE attorney ASAP.

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  • Can your attorney forbid you to attend a deposition?

    If you are the plaintiff in a federal civil matter and your attorney is going to depose the defendant and you would like to attend the defendant's deposition (just sit there and watch. maybe catch something your attorney missed and remind him of i...

    Robert’s Answer

    If your attorney has "forbidden" you to attend a deposition in your case, what reason was given? If there is a valid reason, such as a court order that it may disrupt the proceedings, then that is a valid reason. There may be other valid reasons, but this posting does not specify the attorney's reasons, so I cannot speculate. Ask your attorney the reason(s).

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  • I have a Warranty on my auto transmission, and the dealer is trying to change it to a lesser time and lower miles.

    I have an auto warranty on my auto transmission, the transmission went out the warranty is 3 years or 100,000 miles they put a "new" transmission in and now they are telling me I only have a 12mth warranty or 1200 miles on the same issue, from the...

    Robert’s Answer

    You should review the fine print on the repair/work order, in that Cal. law (specifically the Cal. Song-Beverly Warranty Act) requires the fine print to contain a statement that the warranty will not expire until the defect has been fixed and is also extended by the number of whole days that the vehicle is being repaired under warranty. Consult a consumer attorney who handles lemon law claims, you have rights that you need to undertand and properly excercise, or you risk losing those rights, which can be costly when it concerns the cost of a new transmission.

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  • Is a "verified amended answer", the same thing as an "amended verified answer"?

    My logic is that filing a verified amended answer means that the answer is being amended and it is now verified. Whereas, filing an amended verified answer means is indicia that a verified answer has already been filed and said verified answer is ...

    Robert’s Answer

    There should be a docket entry for each filing, even amended filings. If there is no corresponding entry of the pleading, then the court should not consider it as a valid pleading in this case and should disregard it. If the document that is presented is different from a certified copy on file with the clerk, then also this document should be disregarded. The honesty and integrity of the person offering a document with a file stamp that is not in the court's file could be questioned from now on, unless it was an error by the clerk of the court, which can also happen.

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  • Is a five year contract legal in California.

    I signed with an alarm company three years ago, not realizing it was a five year contract...

    Robert’s Answer

    You should see if the company committed any illegal acts or violated its obligations under the Alarm Company Act, which may be a valid defense to this contract. See Cal. Business and Professions Code, Section 7590 et seq. In particular, did the representative mislead you at the beginning into the belief that this was month to month or that you could cancel at any time, which may be a violation of Section 7599.55, which prohibits untrue or misleading statements by an alarm company licensee. The Act provides for the chief to investigate written complaints against a licensee. Perhaps you should file a complaint, if you find any violations by this alarm company or misreprentations by the representative.

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  • Can I be sued by a debt collector

    A debt collector kept on calling my family members trying to find me so I finally called them back and they said I owed money for a credit card from 8 years ago and they said it was around 1100 dollars with interest I told them I didn't have the ...

    Robert’s Answer

    If you reside in California based on the facts in your posting, do not give this company your credit card information and do not pay this company a dime or do anything other than hiring a consumer attorney for the harassment you have suffered by this agency. If this was a consumer debt, then without your express permission the calls to your family and any other third parties violate the FDCPA (Fair Debt Collection Practices Act).

    Possibly this collection agency is not viable. For instance, many shady collection companies operate without a business license in the basement of a building (known as a boiler room), or locate their calling centers in India or other countries that make it difficult for our civil judgments to reach. I would not call them back and don't promise to pay a dime. Be sure to contact a consumer attorney who handles FDCPA cases, as there are strict time limits, especially one year from the date of harassment. Threats to sue on a debt that is beyond the debt's statute of limitations are also a violation of the FDCPA. If they really intend to sue you, they will not give you this much notice or harass you to death, they'd just do it and they would have done it years ago, when it was within the statutory period.

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  • If I received no proof of service, and no proof of service is showing in court records, how do I officially know when my 30 days

    starts. Someone dropped it off at my mailbox center and they guy at the front signed for it, but he doesn't remember which day. On my summons (and in the court records) it shows it was filed at the beginning of august. Also on the front page of th...

    Robert’s Answer

    • Selected as best answer

    If you were personally served, it is 30 days from that date, so you need to mark your calendar. If you received it by mail, then it is substitute served, so you need to mark 40 days from date of the mailing, which can be indicated by the postal cancellation mark. When in doubt, asssume a few days earlier, to be safe. Also, hire a debt collection DEFENSE attorney to defend the case and avoid a judgment.

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  • A debt agency sent a letter to my work trying to get my financial information. Is that illegal in CA. ? My employer says it is

    My employer says it is unlawful for them to give my information to anyone . In the letter the debt agency said it would be confidential if they gave the information. They have also threatened to garnish my wages. And turn this matter over to their...

    Robert’s Answer

    It could be. I have several questions: (1) Does this entity have a judgment against you in court? (2) What was actually sent by the company to the employer? (For instance, was it a subpoena or a wage garnishment order? Third question: what do you mean they threaten to turn it over to "their local people"? You mean they have not filed a lawsuit against you? Fourth question: are they calling you about this or sending letters? Fifth question: when was the last time you paid this debt. Sixth question, what was the original debt? You need a debt collection DEFENSE attorney involved ASAP. Don't delay, there are time limits.

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  • What can I do?

    Someone had $100 worth of pizza sent to my house as a prank is there any way I can have it traced to find out who it was?

    Robert’s Answer

    Ask the pizza place for the caller ID or phone verification number of whomever called with that prank. Using someone's address for identification purposes in obtaining credit (such as to obtain pizza) is most likely a violation of the identity theft laws in California. You may want to file a police report.

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  • Need help on my Debt clearness.

    I am on L1-A visa and completing 7 year in USA and my company mentioned initially that they will process my Green Card, but now they are saying will not process your GC and you have to go back to your home country within 2 months. I have $17000 De...

    Robert’s Answer

    You should get these settled or file bankruptcy to discharge them. I have seen people who leave town or the country and get sued on debts. The debt collection lawsuit is served at the last known address, someone opens the door and the process server hands him/her the lawsuit and walks away, then the process server files a proof of service that the party was served. After that, a money default judgment is filed. You should have a lawyer who handles debt collection defense help you settle these or a bankruptcy attorney with your bankruptcy.

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