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Richard Scott Lysle

Richard Lysle’s Answers

3,103 total


  • Collection Call

    This morning about 7am I received a call from a debt collector stating he has important legal documents for me that will be delivered to my house later this week. If I'm not here they will seek future legal action. I called the number no answer. G...

    Richard’s Answer

    Anyone who pays a filing fee can file a lawsuit. Do not worry. If it is a legitimate debt collector, you would have received a letter (assuming that they have your address). If they do not have your address, do not expect them to be showing up.

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  • Assuming that divorce judgment is approved, can noncompliance with the MSA be punished in family law court via contempt? Thanks!

    Hi there. My wife and I are filing for divorce and we've agreed to make it an uncontested divorce. We drafted a marital settlement agreement (MSA) based on a template that was provided to me by an attorney and that same attorney reviewed it for en...

    Richard’s Answer

    The property division provisions of the judgment cannot be enforced by contempt of court. The party ordered to pay can file BK.

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  • In CA, do you serve an RFO for Modification on the lawyer for a party or the party

    This is a post judgment request.

    Richard’s Answer

    Personally serve the party, unless the attorney is currently attorney of record in another post judgment proceeding. You should at least consult a family law attorney to learn what mistake you are making so that you can correct your mistakes before you are in court. Remember, as the moving party, you have the burden to do everything correctly.

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  • Can I fight a involuntary lien from a credit card company on the bases that the debt is passed the statute of limitations

    I received a notice of involuntary lien for a credit card debt. the amount is around 8,000.00. the only real property I have is car worth around 30,000.00. The lien was filed in La county. The first judgment was filed 10 years ago so the debt ...

    Richard’s Answer

    The Statute of Limitations applies to the date when the lawsuit is started, not to enforcement of a judgment. If you were sued 10 years ago, and a default judgment was entered, the creditor can enforce that judgment for 10 years. And the creditor can renew the judgment for another 10 years. You should have an attorney review everything.

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  • What does Notice: Entry of Judgment w/POS mean ?

    I was recently granted default judgement on my divorce. Here are the comments : 12/23/2015 Request: Enter Default Comment: Granted 6/15/16 > Jgmt Clerk 06/15/2016 FC 2336 Packet Received for Review 08/26/2016 Declarat...

    Richard’s Answer

    The Judgment of Divorce should state the date when your divorce is final. You (or your attorney) prepared this document and submitted it to the court. You should have submitted one or more copies, along with a stamped return envelope. Usually a divorce cannot be made final until at least 6 months after the date of service on the other side. You should receive your copy of the entered Judgment within a week or so, depending upon the backlog at the clerk's office. Be sure that a Notice of Entry is filed and that a copy of the Judgment and Notice of Entry is served on your now (or soon to be) ex.

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  • Can a collection agency collect on a old account from last payment of 11-30-2011

    I have a lawyer calling in reguard to my amount I owe which is $ 1081 and now it is $1822. The last payment was on 11-30-2011. This is s third party I believe from a old car loan. It says it was s breach of contract. They have s case number and sa...

    Richard’s Answer

    The Statute of Limitations pertains to the date when they can file a lawsuit. If they have a judgment at this time, they can collect for 10 years, and then renew the judgment.

    I doubt that the person calling yo is actually an attorney. Get the name and check with the State Bar to see if the person is licensed to practice law in California. If there is a case number, assigned by the court, get the case number. Then go to the courthouse (or search online if that county has an online system) and see what has been filed in the case. Consult an attorney before agreeing to anything or paying anything. If the Statute of Limitations has passed, any payment now would re-start the SOL. If you get a settlement, get it n writing and have your attorney review it.

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  • How can I fix student loan related identity theft?

    My sister (Marie - name changed to protect the ummm, sisters family) died a few years ago due to cancer and she had some serious financial demons that she left behind. My niece contacted me because Marie apparently signed some student loans (2) u...

    Richard’s Answer

    Of course the debt collector will not listen. The collector is paid on contingency. He/she wants to take money home to pay his/her rent, food, etc. You need to consult an attorney who is familiar with the special statutes applicable to identity theft. If your niece follows the correct procedures, and the collector continues to attempt to collect, your niece can sue the collector, collect damages, collect a statutory penalty and recover attorney's fees.

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  • Former domestic partner claims I owe him money. I disagree. Now he is harassing me in public.

    I lived with my former boyfriend for 3.5 years. I pretty much supported him during that time, paying more than 75% of our expenses. I was an authorized user on one of his credit cards. The current credit card bill is about $4k. He claims I owe him...

    Richard’s Answer

    You can file for a new restraining order, based upon his most recent harassment. I doubt that you can sue him for emotional distress which occurred more than 2 years ago, as there is a statute of limitations. You do not have a case to sue him for the money that you spent supporting him unless you can prove that he promised to pay you. Sort of like, if a husband and wife get divorced, can the husband sue the former wife for the money he spent supporting her while she stayed home as a trophy wife and/or stayed home to care for the house and the kids.

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  • Do I Have a case against the Enhanced Collection Restitution Dept.

    I am the Assignee of Record on a Criminal Case. I filed a Writ with a Wage Garnishment had the sheriff serve it in May 2015. The Company ignored the order. I was just about to file contempt on the Company in August 2016, and I looked up the case o...

    Richard’s Answer

    You may have a claim against Enhance Recovery. I realize that you cannot set forth all of the facts in an Avvo questions, and it is not possible to review the relevant documents through an Avvo question. Before you sue, you should make a proper, written demand and ask that the other side respond, in writing, if it disagrees with anything contained in your demand. I recommend that you consult an attorney.

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  • How do I quash a subpoena for production of business records?

    My ex-husband just served me a notice that he will be serving a subpoena on my bank for my bank account records as we are in the process of modifying child support. I am not concerned about him getting the bank statements as there is nothing ther...

    Richard’s Answer

    You need to file a motion for a protective order. Serve the bank with a conformed copy. If / when the court grants a protective order, the bank will not need to produce those records.

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