Archived
Can a collection agency file a lawsuit for multiple credit card debts at the same time or must they be filed separately?
Richard's answer
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Answered on July 01, 2014
If the claims are combined into one lawsuit, each side will need to pay the court filing fee just once. The collector saves money on filing fees...
Archived
Why am I being charged for default ?
Richard's answer
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Answered on June 29, 2014
It would be helpful to know more about your situation. I suspect that the "criminal court judgment" is really a restitution order which has the...
Archived
Is my Solo 401K safe from uncollected 5 year old out-of state judgments?
FYI - a Solo 401K is for sole-proprietors.
Richard's answer
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Answered on June 29, 2014
You should check the laws in the state where the judgment was entered. While California law may protect funds held within California, I do not...
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Archived
Cosigner on Loan threatening to sue.
Richard's answer
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Answered on June 29, 2014
If you agreed, in writing, to guarantee the debt, you may be liable. If it was only a verbal statement, you probably have a defense because, in...
Archived
Harassment Calls from Original Creditors.
Richard's answer
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Answered on June 28, 2014
California's version of the FDCPA applies to original creditors. It is called the Rosenthal Act. The best way to stop them is to file a lawsuit,...
Can I be sued without receiving a summons?
Richard's answer
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Answered on June 28, 2014
They absolutely can, and probably will, attempt to garnish your wages, levy your bank account and damage your credit. What you must do is to file...
Archived
What is the statute of limitations on a internet payday loan in California?
Richard's answer
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Answered on June 20, 2014
It is a scam and an attempt to scare you. It is not a criminal offense to fail to pay a loan. You cannot go to jail. These scam artists never...
Archived
Can i sue for persistent annoying collections calls?
Richard's answer
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Answered on June 19, 2014
You. If you can prove that they called you an "unreasonable" number of times, you can collect up to $1,000 per violation, plus attorney's fees. ...
Archived
What happens if I don't show up to court after the creditor denied my claim of exemption from their wage garnishment attempt?
Richard's answer
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Answered on June 19, 2014
Show up in court. Do not feel afraid. The judges hear these claim of exemptions all the time. The creditors rarely sent an attorney to court. ...
Archived
Ch 7 bankruptcy filed now a creditor is claiming they have a purchase money security interest in earrings we bought as a gift
Richard's answer
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Answered on June 19, 2014
Get their identifying information. You may hae a good case against them for attempting to collect on a debt that was discharged in BK. If so, you...
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