Archived
Can I be sued in California for a credit card debt in Chile with a 200 percent (usurious) interest rate?
Richard's answer
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Answered on January 19, 2015
The more interesting question is how is the collector going to prove its case. Will they bring witnesses from Chile to testify in court? Courts...
Archived
Filing a 998 offer in response to debt collector lawsuit
Richard's answer
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Answered on January 19, 2015
No. You need to file an Answer to the complaint in order to avoid entry of a default judgment against you for the full amount demanded in the...
My wages are being garnished for an eviction can this creditor take my taxes. I live in California
Richard's answer
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Answered on January 16, 2015
They cannot take your tax refund. As to the wage garnishment, if 25% is a hardship you can file a claim of exemption and ask the court to lower...
Archived
How to do a debt settlement with credit card company?
Richard's answer
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Answered on January 16, 2015
You need to file an Answer to the lawsuit and include any applicable affirmative defenses. Then serve discovery requests to see what evidence they...
Archived
Is there any further action after receiving a lawsuit that has been determined to be an issue of mistaken identity?
Richard's answer
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Answered on January 15, 2015
When you call them, you will not be talking with an attorney, only with some clerical person who job duties do not include writing letters. The...
Archived
Jurisdiction
Richard's answer
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Answered on January 15, 2015
15 USC 1692k specifically gives state court jurisdiction to hear claims for violation of the Fair Debt Collection Practices Act. For further...
Archived
A San Francisco Bay Area attorney, representing a large collection agency put a lien on my elderly parents house. What can I do?
Richard's answer
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Answered on January 15, 2015
You need to have any attorney review the paperwork. A creditor who gets a judgment against you cannot use that judgment to levy upon the property...
Archived
Should I pay debt collector?
Richard's answer
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Answered on January 14, 2015
I do not practice law in Bosnia nor in Germany. If you are really worried, you should consult a local lawyer. In general, if they sue you, they...
Archived
If I have a money judgment entered against me in California, will this affect my husband's real property?
Richard's answer
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Answered on January 14, 2015
It might because, regardless of how title is held, if there is a community property interest in the property, a creditor might be able to go after...
Archived
How do you add a adendum on to your default jugement? And get the person to pay if they have money in a Trust fund?
Richard's answer
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Answered on January 13, 2015
You cannot do an addendum to a judgment that was entered. Only the judge can change the judgment, and only for a limited number of reasons. You...
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