Christopher C. Phillips's Answers

How can i stop wage garnishment for something i dont think i owe?

The fastest way to stall the garnishment is to file a "Claim of Exemption" with the court in which the writ of execution was issued. Along with the claim of exemption, you will also need to prepare a financial statement and notice of filing of claim of exemption. This process is designed to allow debtors temporary relief if the garnishment will cause an undue hardship. The documents can be found at http://www.courts.ca.gov/forms.htm under the "wage garnishment" section. They can be tricky to...

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In California. Fmr Employer wants to change my termination to voluntary resignation as part of a $$ settlement.

The settlement should contain language in it that states Employer will not appeal EDD benefits awarded. However, if it does not, I would not worry about it. For purposes of whether or not you are eligible for Unemployment Insurance benefits, the truth of the termination/separation of employment is what matters, not an agreement between you and the employer. If you were eligible for benefits as a result of the termination, then the settlement will not alter that status. If you are still...

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Does an employer have to request your information to check your credit?

The three major credit reporting agencies (Experian, TransUnion, and Equifax) provide a modified version of the credit report called an "employment report." An employment report includes information about your credit-payment history and other credit habits from which current or potential employers might draw conclusions about you. An employment report provides everything a standard credit report would provide. However it doesn't include your credit score or date of birth. Nor does it place...

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A settlement from my divorice is on the books. My ex is in the rears. He wants to file BK so he don't have to pay. Can he?

In addition to the other responses, which are good, I would add that you should pay particular attention to what chapter of bankruptcy he files. Since he has a business, he may file under Chapter 13, which will require him to make monthly plan payments to the Trustee. You will be a creditor in his bankruptcy and can get priority treatment by filing a "proof of claim" with the court. This is something you certainly want to retain an attorney to help you with.

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How long do statute of limitations last in California on a previous debt ?

The statue of limitations for the breach of a written contract is 4 years in California. If you made any payments to him, it may have "reset the clock." Figure out when you made the agreement, when the first payment was missed and start counting. Once 4 years has elapsed, the contract is not enforceable.

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Bankruptcy chapter 7. Need to file chapter 7. Lost job, however, getting a $20k severance package next month. Problem?

I agree with the previous answers and would add that your situation can become complex and you should certainly consult an experienced bankruptcy attorney. In the event that the severance puts you over the top in the means test and the presumption of abuse arises, you still may be able to combat that with additional evidence that it was a one-time payment, etc, etc. Just because the initial presumption of abuse arises, your opportunity to qualify for relief under Chapter 7 is not over...it just...

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If I agree to a loan modification, will I now be liable for the mortgage that was disharged thru bankruptcy?

You are not "back on the hook" for the mortgage that was discharged, rather you are agreeing to "new debt" that is post-discharge. However, as another response indicated, if this is a first mortgage, there's very little likelihood that you will have any personal liability in the event of default in the future.

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Landlord is dead, son in the deed is dead, bankruptcy staled due to dead guys, house sold at action,where to now?

Worst case scenario if you don't pay anything to anybody and don't take the time to research who the new owner is, is at some point the new owner will either try to contact you to negotiate a new lease or for you to move out, or you will be served with a "notice to quit." As long as you abide by the notice to quit and are moved out before it expires, an unlawful detainer suit (fancy name for eviction) cannot be filed with the court.

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California Civil Code Section 1526, accord and satisfaction

First, Ca Civ Code Section 1526 may not be applicable in this situation. You will want to refer to the "choice of law" clause in the credit card agreement. Usually, the card company (pursuant to the contract) will utilize the laws of the state they are located in or incorporated in. That being said, a "paid in full" memo on the check may be sufficient evidence if the company accepted it without dispute. The safest thing to do in a situation like this is to get the settlement or payoff agreement...

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CA employment law, can employer take away base salary without prior notice

I would agree with the first answer, but would add the following: Typically, when there is a complex pay schedule (anything more than hourly wages), it will be in writing somewhere. If you have an employment contract, there may be a notice requirement in order to alter the pay schedule. Also, check if there is an employee handbook and any provisions apply to this situation. Generally, employers try their best not to create something other than at-will employment when issuing an employee...

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