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Robert Harlan Stempler

Robert Stempler’s Answers

4,364 total


  • Will the Courts of California recognize notary services from British Columbia, Canada?

    I am based in Vancouver, Canada. I am in the process of collecting debt from someone residing in California. We have obtained a judgment filed from the County of Marin in California, and I would like to transfer the judgment to a collector in Cali...

    Robert’s Answer

    No problem. A judgment from the Superior Court in Marin County is enforceable in any county in California and could be enforced in other states, using certain procedures, known as a Sister State Judgment. Any debt collector in California can (I would presume) help you with that, but select carefully and read and understand the terms on which you are hiring a debt collector.

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  • In 2014 there was a judgement against me for an unpaid credit card...

    In 2014 there was a judgement against me for an unpaid credit card by the Attorney for Capital One Bank Andrew Rundquist. I was never notified of the court date because I had moved, therefore I was not present. They lied and said they served a mal...

    Robert’s Answer

    You will need to consult with a debt collection DEFENSE attorneys to explore your options on this old default judgment by Cap1. The problem is you may have known about this for more than 180 days, which may mean that it is too late to set it aside. However, it is still possible to get it settled and satisfied, which is what you need to look at as an option at this point. If you have other debts or judgments, perhaps filing bankruptcy is also an option, though it is a last resort, in my view. Do not delay, this judgment will only continue to grow and it can be renewed for another 10 years, etc.

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  • What are some dirty tactics defense layers use in depositions? What kind of traps?

    Respirdal case.

    Robert’s Answer

    I recommend having an attorney present to state appropriate objections and help the deponent through any issues that may arise. One thing that I see a witness do that makes the deposition take longer and possibly result in sanctions is not answering difficult questions, because they believe that the question is too personal or broad. The asking attorney can get the witness sanctioned for not answering questions at a deposition. As Ms. Vaccaro stated, take your time answering each question. Don't be in a rush if you believe the attorney is almost at the end, that's when people might make more mistakes.

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  • Can someone who has co-signed for a personal loan (for person "x") also be a cosigner for an apartment for person "y"?

    Assuming credit is in good standing, if a mother chooses to be a co-applicant for a personal loan for child 1, can she also be a co-applicant/co-signer for an apartment for child 2 (even if child 2 has recently gone through a bankruptcy)? Any adv...

    Robert’s Answer

    Yes, if a person has the credit or other criteria, they can co-sign for as many people and debts that they like. However, your posting asked for advice. My advice would be to NOT co-sign for anyone. If you truly want to help out these people, give them a direct gift of money, but not your good credit. In over 20 years of law practice, so many of these co-sign situations went bad and they needed a lawyer. Indeed, many people come to me after being sued as a co-signer, because the debt went into default or rental was breached. Not only does the co-signer risk ruining their good credit, but also being sued on the unpaid debt and having to pay the remaining balance, plus interest, court costs and maybe attorney's fees. Thus, don't co-sign.

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  • What can I do?

    I received a letter from a collection agency saying they have a judgement against me and that they can levy my wages, accounts or property. I have never received anything from them before or from a court or anything. What can I do?

    Robert’s Answer

    I would consult with a debt collection DEFENSE attorney about (a) finding out if the default judgment can be set aside and (b) determining if the lawsuit is legitimate and if there were or are any violations of the Fair Debt Collection Practices Act. There is only a limited window of time to do a or b, so I would not delay. Also, please see my legal guide on Avvo about how to reduce or eliminate the wage garnishment amount so that it is bearable and fair. However, consult an attorney first, because the process of exempting the wages can take a while and could go past the time limits that you have for a or b. My legal guides are accessible through my Avvo profile. Thanks.

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  • Can I get into trouble by publishing that he didn't pay me? Is this considered libel?

    This is a follow up to a prior question. I had an employer with whom I had a verbal contract over a year ago. He never paid me what we agreed to and I haven't found a lawyer who thinks my case is worth it. However he does owe me because I did the ...

    Robert’s Answer

    If you are owed money, you have a right to sue, but the lawsuit must be filed within the applicable time limits or you may lose those rights. It may be as simple as filling out a form complaint for breach of contract and filing it with the appropriate Superior Court, then having each defendant personally served by a professional, who can locate and get the defendants served. Why waste time putting out information that can come back in a bad way on the internet? It may also be embarrassing you and make future employers not hire you. If you cannot afford a lawyer to pursue your own claims for damages, how will you be able to defend a liable suit if you are sued for that? File the lawsuit ASAP and hire a profession who can locate the defendants and perfect service.

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  • Can FTB Suspended Colonial Credit Corp in CA renew a 10 year Credit Default Judgment

    I had a default Judgment filed against me by Colonial Credit Corp Nov 2006. In CA - They are FTB Suspended can they renew it?

    Robert’s Answer

    No. Absolutely not, while the entity is suspended. Not only that, to do so would be a violation of the debt collection laws. I have cases on this, for example: Timberline, Inc. v. Jaisinghani, 64 Cal.Rptr.2d 4, 7; 54 Cal.App.4th 1361, 1367 (Cal. Ct. App. 1997) held that a “corporation which was suspended . . . could not obtain renewal of judgment, even though corporation was in good standing when judgment was originally entered.” Consult a consumer attorney IMMEDIATELY, to fight the renewal of judgment for you, there is a very short window to do this (30 days from date of notice of renewal), so do not delay. There are also time limits on prosecuting any claims you may have for debt collection harassment, so consult an experienced consumer attorney about both issues ASAP, even today!

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  • What is meant by a "frozen account"? Does it change the statute of limitations? How do I get it off of her credit report? Thanks

    My wife and I are buying a home. A recent credit check for her revealed two "frozen accounts" with collection agencies for medical debt incurred more than four years ago (statute of limitations for collecting on written contract in California). T...

    Robert’s Answer

    • Selected as best answer

    Whenever I use the term account was frozen or "an account freeze" I am referring to the debtor's bank account being levied by a judgment, which then freezes the amount of the judgment up to the amount in the account.

    The way I see you have used it in this question, as posted, is that these are accounts that appear on your credit reports for medical debts. Not sure what the person means by "frozen," though (in general terms) even a very old collection account can be reported on credit reports when a consumer is applying for a mortgage loan of $150,000 or more. Try to find out more details, then contact a consumer attorney who handles debt collection DEFENSE to get these accounts resolved. Also, you may want to find out what medical providers claim you did not pay in full and if you had insurance, find out why the insurance did not satisfy the provider.

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  • Is there a way to request that this case be dismissed WITH prejudice?

    A lawsuit was filed against me in my home state (California) on behalf of Portfolio Recovery Associates. I've live in another state for 20+ years and was not served with the complaint (learned of the suit through a third party, an attorney refer...

    Robert’s Answer

    As stated by Ms. Straus, you need a debt collection DEFENSE attorney, most likely in the state where you live now, because they may try to file a new lawsuit against you there. If you can contact the clerk of the court, you can probably get a copy of the complaint mailed or faxed to you for a small copy fee. Some Superior Courts in California even have access via internet, that you can download the complaint and other documents in the file for free or even a small fee. I have information about that in an Avvo legal guide. Go to my profile to see all my legal guides and find the one for free court case information. To locate a consumer attorney who does debt collection DEFENSE, visit www.consumeradvocates.org, the website for the National Association of Consumer Advocates.

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  • Is it too late for legal recourse against credit union? Is this defamation or something else?

    I was furloughed at work. I had two auto loans with credit union with "skip a payment" options that allowed one skip per year. I requested to skip two and they said no. They said to split my skipped payment over two months instead and sent modific...

    Robert’s Answer

    Consult a consumer lawyer who handles possible violations of the Cal. Rosenthal Fair Debt Collection Practices Act, the Cal. Consumer Credit Reporting Agencies Act, and the federal Fair Credit Reporting Act, as well as possibly breach of contract. Downside: possibly the credit reporting claims are too late to pursue, if over two years old and the breach of contract has a four year time limit from date of breach. Time is running on the statute of limitations for the collection harassment claims, so I would not delay further.

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