Archived
How do I get a wrongful collections agency to stop trying to collect, even after proving I don't owe it??
Robert's answer
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Answered on March 05, 2014
You can send a response to those bills that creates a paper trail, which you may need later if this gets on your credit reports. Below I have...
Is a "stipulation for entry of judgment pending performance and for court to dismiss without prejudice" a judgment?
Robert's answer
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Answered on March 05, 2014
If the stipulation does not contain in the text that they are not going to enter a judgment if the debtor makes the payments specified, then there...
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Archived
I have an unpaid bill. it went to collections. never missed a payment of 75 mo. now they want more per month, cant afford more?
Robert's answer
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Answered on March 05, 2014
I would never advise someone to agree to payments that they cannot afford, as that promise can lead to bad results. If the creditor's agents are...
Archived
Can any person serve legal documents as long as they have a Proof of service, even if related as my wife.
Robert's answer
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Answered on March 05, 2014
Unless you had a deadline that required personal service, such as a motion or opposition to a motion, service by regular mail on counsel of record...
Archived
Satisfaction of Judgement update?
Robert's answer
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Answered on March 05, 2014
Many court clerks are backed up by several weeks or months. Thus, it may be a long while before online information is updated for a particular case...
Archived
"Rule 3.740 states: Collections case" = sum stated to be certain
Robert's answer
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Answered on March 04, 2014
If the debt collection agency or creditor has a bill that they claim is the amount owed, then it satisfies the collection case status for purposes...
Archived
Hello i have a question regarding a vehicle loan and possible false advertising.
Robert's answer
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Answered on March 04, 2014
Allegedly fraud, misrepresentation, violation of automobile dealer law and regulations, violation of the Consumers Legal Remedies Act. Save your...
Archived
How successful has the "choice of law" defense been for SOL for Discover Card - being 3 years instead of California's 4 years?
Robert's answer
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Answered on March 03, 2014
In Resurgence Financial, LLC v. Chambers (2009) 173 Cal.App.4th Supp. 1, [92 Cal.Rptr.3d 844], the Appellate Division of the Superior Court in...
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Archived
If I settle a purchase money loan with a bank, am I liable to pay taxes on the forgiven debt?
Robert's answer
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Answered on March 02, 2014
The lender is likely to send you an IRS Form 1099-C for the difference of the principal amount unpaid the following January, which you must give to...
Archived
Do I need to report as income?
Robert's answer
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Answered on March 02, 2014
I have edited the practice area to include tax law. If the entity selling it is a for-profit corporation or an individual small business, then yes,...
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