Archived
Have two judgments against same individual, stemming from a landlord/tenant dispute. Have two questions please see details.
James's answer
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Answered on July 15, 2015
Yes. Court Order required to collect from tenant(s).
Yes. Writ is necessary to collect by levy, garnishment and other available...
Why would a financing company issue a bench warrant on a civil debt? How can they?
James's answer
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Answered on July 15, 2015
No. Financing company cannot issue bench warrant. Only court can issue bench warrant.
Yes. You should appear at hearing.
Unlikely you will be...
Archived
Looking to consult with attorney regarding judgement of a medical bill. Writ of execution has already been granted to creditor.
James's answer
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Answered on July 15, 2015
Based on information provided, may be too late to set aside underlying judgment.
Additional fees and charges which have been added are large. ...
I have been served with a petition for removal as trustee. How long do I have to respond to this thing?
James's answer
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Answered on July 15, 2015
Yes. You should file written response. Response is very important. May be opportunity to have petition dismissed or issues narrowly tailored to...
Archived
HI ,
I received today a summons regarding a Credit Card Debt of $4,729.80. I have 30 days to react .
James's answer
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Answered on July 15, 2015
File response to complaint. Do not miss the deadline. If you do not owe the money, this is a defense.
You may negotiate with creditor. I...
Does an objection letter to a collection agency have to be sent certified mail, return receipt requested?
James's answer
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Answered on July 15, 2015
No. No legal requirement that communication be certified mail, return receipt requested.
However it is good practice to use some form of...
Archived
Is assignee obligated to examine payments to insiders during the several years prior to the assignment?
James's answer
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Answered on July 15, 2015
Yes. Best practice is to examine payments to insiders preceding assignment. Reference California Civil Code §3439 et seq.
SOL is four years.
Archived
How do one fix a Judgment on the Credit Report
James's answer
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Answered on July 15, 2015
Send written demand to credit reporting companies to have the item corrected. Include supporting documents in the demand. Credit reporting...
Archived
How to obtain conservatorship for mentally disabled aunt
James's answer
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Answered on July 15, 2015
Process starts with filing Petition to be Appointed Conservator in Superior Court in jurisdiction in which aunt resides.
Self help guide available...
Archived
Will filing chapter 7 bankruptcy DELAY a writ of execution after a foreclosed home has been sold to a bank at auction in Cali?
James's answer
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Answered on July 15, 2015
Yes. Filing C7 BK may temporarily delay the enforcement of the Writ of Execution.
However, C& BK for this purpose only may not be advised for...