Archived
A civil summons sent by certified mail isn't picked and is returned back to the sender, what is the next likely step for a
Joshua's answer
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Answered on February 27, 2011
Try to serve again, either through personal service, substitute service, or other method of service authorized in your state.
Disclaimer of...
Archived
What to do if you have a judgement against you for over 20 years and did not know anything about it.
Joshua's answer
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Answered on February 27, 2011
Judgments last for different periods of time in every state. So it depends on where the judgment was entered. In addition, every state has...
Archived
Statute of Limitations on Credit Card Debt when moving to a different state
Joshua's answer
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Answered on February 27, 2011
The Fair Debt Collections Practices Act requires the credit card company to sue you in the county where you currently reside, regardless of where...
Archived
How much is too much for representation??
Joshua's answer
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Answered on February 27, 2011
There is not set or regular fee, unfortunately. It is hard to defend a case on a contingency or flat fee rate because the plaintiff, the credit...
Archived
Is this legal?
Joshua's answer
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Answered on February 26, 2011
This is a fraudulent conveyance. It is not criminal but there are civil penalties. But in California, if all of your income is from SSI and...
Would a detective contact you if you have a pending student loan to pay off ?
Joshua's answer
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Answered on February 26, 2011
Student loans are civil matters. Detectives work with criminal matters. You need to verify whether or not the detective is legitimate and then...
Archived
How is "personal service" implemented when being used by a collection attorney in serving a civil summons?
Joshua's answer
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Answered on February 26, 2011
Personal service means the sheriff or attorney service personally delivered the summons and complaint to the defendant himself/herself. Most states...
Archived
A creditor has a collection attorney file civil complaint against a customer for whom they hold a personal guaranty. If
Joshua's answer
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Answered on February 26, 2011
At trial, the buden of proof is on the creditor to prove its case. Any information that may discredit the accounting or the creditor's allegations...
Archived
Can a collection agency collect from our company an unpaid balance on an invoice for materials they can't prove "4 years later"?
Joshua's answer
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Answered on February 25, 2011
Anyone can sue for anything, no matter how frivolous. There may be penalties and sanctions, however. Regardless, in any litigation, the burden of...
Archived
Collector threatening to sue
Joshua's answer
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Answered on February 25, 2011
The venue for the litigation depends on several factors which are not included in your question. Consumer debt collections law suits need to be...