Archived
How to get rid of debt collectors who threaten and verify mailing address for home or work to serve papers supposedly
Robert's answer
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Answered on March 07, 2014
Sounds like harassment, as they are required by the Fair Debt Collection Practices Act (FDCPA) to send you written notice within five days of their...
Archived
Do I have to respond to a request for admissions and interrogatories if the case was already dismissed without prejudice?
Robert's answer
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Answered on March 06, 2014
If the case is dismissed, then neither party should be sending the other side requests for any discovery, as there is no longer an active...
Archived
Is it proper service if other party only drops off discovery notice by hand in my mail and claims personal service
Robert's answer
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Answered on March 06, 2014
A proof of service that contains a false statement of personal service is not valid. However, some judges don't get upset if the recipient receives...
Archived
Can any of his creditors still obtain a judgment and record an abstract that attaches to the house?
Robert's answer
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Answered on March 06, 2014
Judgment against former spouses should not affect their former property with an abstract of judgment if the current spouse is not liable on the...
Archived
Indigent party wants to suit a party. Will court fees be waived.
Robert's answer
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Answered on March 06, 2014
That will be based on the request for waiver filed with the clerk of the court at time the complaint is filed and the review that will be conducted...
Archived
Which of competing statutes of limitations apply?
Robert's answer
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Answered on March 06, 2014
California case law shows the shorter statute would apply, as the contract selected the Delaware law to apply. In Resurgence Financial, LLC v....
Archived
Can an unwritten payment arrangement change a credit card contract from written to oral?
Robert's answer
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Answered on March 06, 2014
It does not sound likely that this would occur. More likely the agreement was an oral modification of the written agreement. Statute of...
Archived
What can I do during the validation process with servicer 1 and they immediately withdraw and send to servicer 2 for collection?
Robert's answer
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Answered on March 06, 2014
#1. A dispute or request for validation letter requires only that the debt collection agency stop collecting until they have provided written...
Selected as the best answer
Archived
Do I have a case of FDCPA violation?
Robert's answer
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Answered on March 06, 2014
If you have not disputed the debt or requested validiation in writing previously, then it is unlikely that you have a claim under the Fair Debt...
Archived
What is the minimum income to have per month before they are allowed to garnish your wages for credit card debt in california?
Robert's answer
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Answered on March 05, 2014
If the judgment debtor has net wages (after taxes and allowable deductions) above the federal minimum wage for a 30 hour workweek, the garnishment...
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