Archived
In California can a debt buyer obtain a default judgment with an unverified complaint and no declaration of venue?
Richard's answer
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Answered on August 09, 2016
You would need to file a formal motion to vacate the judgment. Be prepared to explain why you did not file any responsive pleading when you were...
Archived
What's the statute of limitations in California for credit card debt?
Richard's answer
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Answered on August 08, 2016
The Statute of Limitations is an affirmative defense which you must plead as an affirmative defense when you are sued. And when the case goes to...
Archived
I am dealing in a case where defendant won't pay a judgment. Is there a way to motion the court to freeze assets?
Richard's answer
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Answered on August 07, 2016
There are a number procedures available. Most are expensive. All require the assistance of an attorney. For example, if there is a business, you...
Archived
Can a 2 year old debt judgment be expunged if creditors did not serve debtors as required?
Richard's answer
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Answered on August 06, 2016
It is possible to set aside a judgment if the court did not properly acquire jurisdiction, and if you act immediately after learning that there was...
What happened if I am unable to pay the judgement?
Richard's answer
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Answered on August 06, 2016
A civil judgment is not a court order that you pay. You cannot be put in jail or punished criminally for not paying a judgment. What the creditor...
Archived
Can I have my divorce judgment set aside
Richard's answer
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Answered on August 06, 2016
This is an unusual situation, and whatever documents you want to prepare should be reviewed by a Family Law attorney. It is possible to reconcile...
Archived
Do I have any chance of fighting and getting my money back?
Richard's answer
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Answered on August 03, 2016
You should go to the Labor Board. They can start proceedings, with not filing fee on your part, and add interest and penalties.
Archived
How do I stop a judgement for an account that is fraudulent from identity theft? I've already sent them my police report
Richard's answer
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Answered on August 03, 2016
There are several special statutes that apply when there is identity theft. A police report is the first step, but you need to have an attorney...
Archived
Can my wife apply for credit card on my name without telling me that?
Richard's answer
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Answered on August 03, 2016
No. No one may use your name to apply for a credit card. You should contact the creditor, n writing, and tell the creditor that you did not apply...
Archived
What can be done if two creditors went to court and got a judgment against someone without the person being served?
Richard's answer
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Answered on August 01, 2016
He would need to file a motion, supported by proper affidavits and a memorandum of points and authorities, seeking to have the default judgments...
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