Archived
My wife and I hired an incompetent attorney and she slandered us to the State bar so can we sue her for her damaging statements?
Eric's answer
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Answered on April 11, 2012
What she essentially did was assert that you assaulted her. Depending on the surrounding facts, she may have defamed you. Your issues are going to...
Archived
I MIGHT be sued. I don't owe them any money at this time. Can I file Chapter 7 Bankruptcy to prevent them from suing me?
Eric's answer
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Answered on April 10, 2012
You can file now, if you wish, and list the potential lawsuit as a contingent liability, which would then receive discharge along with the rest of...
Credit card company Levied my bank accounts. Can they do that? Do I have any recourse?
Eric's answer
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Answered on April 10, 2012
They can, if they served you with a summons & complaint, you didn't respond, and the company obtained a default judgment. Could you provide more...
Archived
Have a levy on my bank account, called the lawyer's office who is handling the collection
Eric's answer
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Answered on April 10, 2012
Ms. Allen,
Our office has had good luck negotiating these down, however once the levy is in place, your leverage is somewhat decreased. If you...
Archived
Can I submit my motion to vacate a judgment without attaching an "Answer" to the complaint in California?
Eric's answer
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Answered on April 09, 2012
If you're filing a motion to vacate for improper service, you most definitely do not want to file an answer.
Archived
An original creditor who wants to collect the balance due from the debtor do they have to disclose fdcpa rules as if they were a
Eric's answer
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Answered on April 09, 2012
Attorney Lysle is 100% correct. The original creditor is not subject to FDCPA. Collect away!
Archived
Can I get a VA Loan in California without using my wifes credit?
Eric's answer
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Answered on April 09, 2012
Making a purchase sole and separate is less a function of a paper than how you title the property. If you can qualify independently of her, then...
Does a collection agency have to notify you of a debt before they file a lawsuit against you?
Eric's answer
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Answered on April 09, 2012
In general, you MUST answer within the time period given, or you will lose your rights. I defend credit card suits frequently, and the collection...
Archived
How long does it take after closing a joint credit card account to be in the clear?
Eric's answer
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Answered on April 09, 2012
You can file immediately, if you choose, with no adverse consequences. If you wish to discuss this in more detail, feel free to call my office and...
Archived
Can my husband get wage garnishment if a judgment against me ?
Eric's answer
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Answered on April 09, 2012
Attorney Harrington is correct. We need more facts before offering an opinion. California is a community property state, so, depending on the...
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