Archived
DEBT COLLECTION: Collection agency for HOA hard pulls credit report from credit bureau under permissible purpose.
Joshua's answer
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Answered on March 02, 2011
A "credit transaction" under the Pintos case in the 9th Circuit, which encompasses California, states that it includes anytime one person provides...
Archived
If a collection attorney pursuing a civil lawsuit is sending "service" by certified mail, is it likely that he would also be
Joshua's answer
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Answered on March 02, 2011
There is no way to know how and why the attorney is attempting service of process in this manner. Every state has different rules and regulations...
Archived
SS info on the papers served to my employer for wage garnishmnet are incorrect, is there a way for me to avoid the wage garn?
Joshua's answer
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Answered on March 01, 2011
There are lots of rules and regulations regarding "sub-serving" a summons and complaint, but after 7 years it is very difficult to have a judgment...
When court is closed due to bad weather, do they have to serve papers to me again
in order for me to appear at the new date?
Joshua's answer
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Answered on March 01, 2011
Usually not, although we don't have these issues in Los Angeles, California. Contact the court clerk immediately to find out the status of your...
Archived
A clause included in a credit application states, "In the event of default, and if this account is turned over to an agency or
Joshua's answer
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Answered on March 01, 2011
While these fees and costs are at the discretion of the court, in my experience almost always some attorneys fees and costs are awarded - it is...
Archived
If an alleged debtor decides to dispute a debt using a signed affadavit enumerating all of the alleged "infractions" that a
Joshua's answer
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Answered on March 01, 2011
Your affidavit is unlikely to resolve the litigation. Collectors filed suit because they believe they are right and deserve to be paid. Your...
Archived
If my wages are allrady being garnished for a civil judgement, can my bank account also be attached for any judgments?
Joshua's answer
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Answered on February 28, 2011
Bank garnishments and wage garnishments are separate and unique judgment enforcement procedures. Just because one party uses one method does not...
Archived
How can the threat of a countersuit be implemented in a debt collection suit that has been filed, but has not yet been
Joshua's answer
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Answered on February 28, 2011
It depends on the source of the counterclaim. It depends on the type of debt being sued for. This question is very vague on information and I...
Archived
We are making payments on a timeshare ownership at a resort in AZ. Can they garnish wages for nonpayment?
Joshua's answer
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Answered on February 28, 2011
All states allow certain judgment enforcement procedures. But before anyone can garnish your wages, they would need to file suit and get a...
Archived
Where can a person be served?
Joshua's answer
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Answered on February 28, 2011
A defendant in a lawsuit can be served anywhere they can be personally found - including at work.
Disclaimer of California Attorney
Although...
