Archived
I received a Discovery request from a credit card company attorney. What is the appropriate way to respond to this request?
Brian's answer
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Answered on August 13, 2015
Regarding that last question, if you have any doubt whatsoever that the debt might not be legitimate you can truthfully state that you don't have...
Can I file an abstract of judgment against a debtor's spouse?
Brian's answer
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Answered on August 12, 2015
Sounds like you have a perfect Fraudulent Transfer case. The only problem is that probably (definitely) would cost more than the judgment amount. ...
Archived
How do I locate and obtain a debtor's dba certificate?
Brian's answer
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Answered on August 05, 2015
If you've not been able to locate the dba filing through "normal" channels, a private investigator should be able to locate it for you.
When a...
Archived
How to go about getting the money the court awarded?
Brian's answer
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Answered on August 05, 2015
In addition to the recommendations of the other attorneys, you should file a DL30 form with the CA DMV...
Archived
Once a lawyer has started to collect a judgement against a company, how much time are we talking about?
Brian's answer
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Answered on August 05, 2015
A judgment debtor can take "forever" to pay a judgment because there are no mechanisms in place to force them to automatically pay the judgment. ...
Is back rent are considered "consumer debts" within the meaning Federal Fair Debt Collection Practices Act?
Brian's answer
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Answered on August 05, 2015
To answer your primary question, the definition of "Consumer Debt" Under the FDCPA is: "The term “debt” means any obligation or alleged obligation...
Archived
Judgment debtor gifted real estate to his company. Do I have a remedy?
Brian's answer
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Answered on August 05, 2015
Did you file an Abstract of Judgment at the County Recorder's office? If not, then you don't have a lien on the real property. A Debtor's Exam...
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Archived
I need a creditor attorney
Brian's answer
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Answered on July 31, 2015
They cannot levy an account until and unless they have obtained a court judgment. Ask them for a copy of the judgment. If they provide one, and...
How do I find the levying officer on my court documents for an execution
Brian's answer
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Answered on July 31, 2015
It sounds like you have a judgment and are trying to levy on the debtor's assets (bank levy, wage garnishment, etc.) with a Writ of Execution. If...
Archived
How can I get a debt creditor to release a clearance letter to the court?
Brian's answer
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Answered on March 10, 2014
When the judgment has been paid in full, the Creditor has to file an Acknowledgment of Satisfaction of Judgment with the court. There are a few...
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