Questions answered by Brian R. Johnston

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I've had that collectors calling me for years some as old as 15 years back tell them to calm down and stop but they still call

Brian's answer | Answered on May 29, 2013

Without knowing more about your situation I would suggest you consult with a bankruptcy attorney to discuss whether that would be a way out of your...

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Is their something in writing, commercial vs consumer collections in CA

Brian's answer | Answered on May 28, 2013

The collection of consumer debts is regulated by the FDCPA. Collection of commercial debts. There are no U.S. federal laws, similar to the FDCPA,...

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I won a small claims judgment against a landlord. How can I collect the money b/c they are not paying.

Brian's answer | Answered on May 28, 2013

You do not have to file another suit to enforce your judgment. As Mr. Jaffee suggests, you have two basic options to recovery your money: 1) levy...

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Is there such a thing called a "termination database"?

Brian's answer | Answered on May 28, 2013

Who,or what, is the purported "levying officer"? In a civil matter in which a creditor is trying to recover money owed, the vehicle is usually a...

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Is it a crime to ?

Brian's answer | Answered on May 28, 2013

In general, the answer to your questions is no. I am aware of no specific regulations for the licensing of "Home Inspectors" such that...

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Can a Bill Collector call your place of employment and make verbal threats about sending the police to my job and harassing me.

Brian's answer | Answered on May 27, 2013

No. While a bill collector may call your employer, the activity described above is prohibited by the FDCPA. I recommend you contact an attorney...

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Can I sue in small claims court for more than the debt, either interest or hardship?

Brian's answer | Answered on May 26, 2013

You may be able to get compensation for interest, but your "hardship" claim probably not going to be successful. The explanation for why this is...

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I need to stop a wage garnishment with filing for bankruptcy

Brian's answer | Answered on May 24, 2013

If you have actually filed BK, you or your attorney should send proof of such filing to the creditor garnishing your wages demanding that they...

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Sheriff levied debtor's funds last week. Do I file Satisfaction of Judgment now or when I actually receive the money?

Brian's answer | Answered on May 24, 2013

As a collections attorney I run into this situation frequently. I agree with Mr. Stempler that you should not not file the Satisfaction of...

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What do I do when trying to collect on a judgment by garnishment and there is already someone garnishing the same person?

Brian's answer | Answered on May 22, 2013

Mr. Mataele is correct in that you cannot garnish a person's wages when they are already being garnished (certain exceptions apply.) He is also...

Brian R. Johnston's Answers (254)

I've had that collectors calling me for years some as old as 15 years back tell them to calm down and stop but they still call

Is their something in writing, commercial vs consumer collections in CA

I won a small claims judgment against a landlord. How can I collect the money b/c they are not paying.

Is there such a thing called a "termination database"?

Is it a crime to ?

Can a Bill Collector call your place of employment and make verbal threats about sending the police to my job and harassing me.

Can I sue in small claims court for more than the debt, either interest or hardship?

I need to stop a wage garnishment with filing for bankruptcy

Sheriff levied debtor's funds last week. Do I file Satisfaction of Judgment now or when I actually receive the money?

What do I do when trying to collect on a judgment by garnishment and there is already someone garnishing the same person?