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Robert Harlan Stempler

Robert Stempler’s Answers

4,305 total


  • Procedure for sending discovery questions.

    Do interrogatories need to be sent by USPS confirmation. How does one prove to judge they were sent?

    Robert’s Answer

    To be properly performed, service must be made by someone who is not a party to the action, such as a process server, an attorney, a friend or paralegal. When a party tries to sign a proof of service in their own case, it typically results in questions about service. Certified mail with confirmation is not service, unless performed by a non-party.

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  • Can they garnish my wages after all these years? Is there a time limitation on collecting credit card debt?

    A 3rd party creditor levied my account for a credit card debt from 2010 they're threatening to garnish my wages. I never gave them my information and a judgement was never properly served

    Robert’s Answer

    I would consult a debt collection DEFENSE attorney immediately to review the facts and see what can be done to resolve this for you. I would not delay, because this judgment will not go away until it is fully satisfied or discharged in bankruptcy or the default judgment is set aside, if possible. it is not the judgment that requires personal service, it is the summons and complaint that must be served on the defendant. See link, below.

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  • Can they garnish my wages after all these years? Is there a time limitation on collecting credit card debt?

    A creditor levied my account for a credit card debt from 2010 and they are threatening to garnish my wages.

    Robert’s Answer

    As stated by Ms. Straus, if they obtained a judgment for money years ago, they can enforce the judgment until it is fully satisfied OR discharged in bankruptcy. Options to a judgment for money are explained in my options blog, linked below. Essentially, if the judgement was not properly served, then consult a debt collection DEFENSE attorney about setting it aside or getting it satisfied in full. Bankruptcy can be avoided but if you have other debts and they are too much for you, consult a bankruptcy attorney. Hiring a competent lawyer for this work can actually be less costly than handling it one your own and avoid those harassing folks who like to talk fast, yell and scream on the phone.

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  • What do I do about this and get them to stop. I paid one in November only to look it ups see it was a scam

    Getting a lot of calls from payday loan debt collectors. In honesty I have taken out two from reputable lenders and never had a problem always pay it back with ACH directly from my account. I do not recognize these lenders and the debt collector...

    Robert’s Answer

    Payday lenders are not known for being all that nice to the folks who do not make timely repayments and their debt collection agencies are often way worse. If you don't have a loan from the company that they claim gave you a payday loan then you should dispute it both on the phone and in writing, sent via U.S. Certified Mail, with a receipt requested and an exact copy saved for your files, in case the matter results in litigation. Harassment of a consumer for a debt is illegal, as are false threats. Consult a debt collection DEFENSE attorney, which you can find at the link, below. Do it soon, as consumer protection laws have a time limit in which to file a lawsuit, such as one year under the Fair Debt Collection Practices Act.

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  • How do I pay charge off amount for auto loan or what can I do? Thank you

    I'm in California and after trying to deal with a auto loan from westlake financial services since May 2015, they just stop communicating giving me the rounds around about the payoff amount in writing, now the account showing as a charge off in my...

    Robert’s Answer

    Read my Avvo legal guide, linked below, on Cal Consumer rights after repossession. If the finance company repo'd but failed to provide the required written notice of intent to sell and list the amounts due, then the buyer might not owe anything, but the Automobile Sales and Finance Act is technical and you should save the notice and consult with a consumer attorney, especially one who handles these in regular practice. If the notice was given and is in proper order, you can still negotiate with the finance company or debt collection agency to resolve the debt, but be sure you receive documentation of the settlement or you could be scammed into paying the full balance (or even more) if you don't have written release. See link below for documentation of a settlement (three guides, read all three). Consult an attorney if in doubt.

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  • How can I get them to honor the warranty or sue for fraud/stress/emotional scaring? HELP!!!

    I have a 2006 Kia Sorento the transmission is in need of repair. Kia Pros of Glendale said my car is not covered. I only have 93,200 miles. My warranty is 10 years/1000,000 miles. When Casa de Gonzalez in South Gate, Ca closed they lost all my ma...

    Robert’s Answer

    I bet if you were to retain a lemon law attorney the vehicle would be immediately bought back if you have had four or more repair attempts of the same problem. Regardless of whether you keep your records, you can go to the dealer or contact Kia's 800 number (or send a letter by US Certified Mail) and get a copy of all warranty claims for this vehicle. Don't delay, it does not get any easier once the 10 years expires and please be aware that there is a separate statute of limitations from the date the manufacturer refuses to honor its warranty obligations for a vehicle. Consult a lemon law attorney right away. You can find a good list of lemon law attorneys who are members of the National Association of Consumer Advocates at the link, below. I have reclassified it to Lemon Law.

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  • Can I attach this property under cc section 3439?

    I obtained a judgment against defendant in Aug 2008. I recently found where he transferred property to an LLC that is not registered with the CA secretary of state. The property was transferred in May 2008.

    Robert’s Answer

    As Ms. Straus said, if this was a fraudulent conveyance (transfer) then hire a lawyer to handle the matter as the judgment only attaches to property that is in the judgment debtor's name, not in other names. The secretary of state does not register real property, that title is recorded with the clerk or recorder in each county. If the transfer is proven for less than full value to try to defraud a judgment creditor, then both the transferor and transferee can be held liable and a judgment entered for fraudulent conveyance. Again, this is not easy to prove and lots of exceptions may be argued, so consult an attorney.

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  • Should we file for bankruptcy and go for debt reduction through a company that handles debt solutions.

    There have been a lot of expenses related to my husband illness of Alzheimer's. We have 60,000.00 in credit card debt and depleted our home equity loan. We have his pension but no savings. We have been able to keep up with our home mortgage pay...

    Robert’s Answer

    I would recommend an attorney who handles these, sometimes known as debt collection DEFENSE attorneys, though a few bankruptcy attorneys also perform that service. I advise against debt settlement companies as the US Government Accounting Office reported to the US Senate committee a few years back that these companies often resulted in a worse outcome for the consumer than if they had not tried "debt settlement." I have a link, below, that refers to the report and explains further why people should avoid debt settlement companies, which usually don't do what they promise, but they can cost more than hiring an honest attorney. I have also linked below to my Avvo legal guide #3 of debt settlement terms for the DIY person. I suggest reading all three legal guides and getting a lawyer who handles this, as doing it yourself or for a loved one in the condition you described is more challenging than having a professional do it.

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  • Can I sue for theft?

    My car got repossessed. At the time of repossession I was not allowed to remove my personal items. I have tracking on my vehicle and noticed that the driver made a detour and stop that night. Later on I went to pick up my stuff and had to pay 245$...

    Robert’s Answer

    Repossession companies must treat the vehicles and personal belongings in their custody with care and properly account to the vehicle owner and the lien holder for safe delivery of all such items, when claimed by the owner within 60 days. The Code sections that apply to repossessors is linked below. Take a look in particular at Business and Professions Code Sections 7507.9 and 7507.10. Consult a consumer attorney to evaluate your case in further details, as small claims court may be sufficient, but these folks are often quite familiar with the court system and know what to say to make it appear that the vehicle owner was at fault or they are mistaken about their stuff being missing. They will also claim the debtor should have paid their car payments to have avoided repo in the first place. That is not a valid excuse for their shoddy handling of personal property or the vehicle.

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  • Can I actually be at risk of prosecution or summons on this matter?

    I received a phone call from a company claiming to be law firm. I'm told I owe over $1100 from an old payday loan (I'm in CA) and they are preparing to send the file to state attorneys office. Told me it is now federal crime because it is over $50...

    Robert’s Answer

    Not only is it improper for them to represent that they will try to get you prosecuted for a bad debt or not paying the loan, it violates the Federal Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. Consult with a consumer attorney for this, as there is a one year statute of limitations to file suit and seek your actual damages and recover your legal fees under the FDCPA. Payday lenders and their collection agencies are particularly abusive, from what I have seen in the collection industry. How long has it been since you paid the account? There is also a time limit for them to sue you, if that is really their intention.

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