Does Motion to Vacate Judgment Prevent Garnishment or Bank Account Seizure?
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Answered on December 29, 2014
Not unless you obtain an order staying execution of the judgment. That may require an ex parte application and, possibly, the posting of a bond. ...
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Question regarding Statute of Limitations in California and Delaware for collection lawsuit.
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Answered on December 26, 2014
The written contract, sometimes called the "Cardmember Agreement" is important. If the terms and conditions governing account were amended or...
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Can an attorney put a lien on the debtor's bankruptcy plan to get his own money?
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Answered on December 24, 2014
Attorney No. 1 cannot put a lien on the Chapter 13 plan. He is not a creditor of the Chapter 13 debtor. What he/she can do is to sue you. You...
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Is there a time frame to be prosecuted in an bad check offense?
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Answered on December 23, 2014
Criminal charges are brought by the police or the District Attorney (or City Prosecutor), not by a private party. You cannot be "accused" of a...
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Collecting on a judgement
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Answered on December 23, 2014
You can add certain collection costs, such as the court fee for issuance of a Writ of Execution, and Sheriff's fees for such things as serving a...
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Can I collect living expenses from someone who stayed with me and promised to pay when they got on their feet.
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Answered on December 22, 2014
You can sue for breach of an oral agreement. The Statute of Limitations is 2 years. What you must prove is not that you provided / paid living...
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Does A CCP 96 request for a limited jurisdiction debt case require what was learned in Discovery be LISTED in CCP 96 answer?
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Answered on December 22, 2014
You should, first, sit down with an attorney to review your case, your defenses, the legal issues involved and all procedural matters.
You should...
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Is the tow truck company liable and will i win my case
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Answered on December 20, 2014
Will you win in Small Claims Court? I cannot predict what may happen unless I hear both sides of the story. What will the tow truck company say? ...
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Judgment creditor with abstract filed against my home in California. Settled the debt. What verbage do I ask them 2 remove lien?
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Answered on December 19, 2014
They will need to execute a Satisfaction of Judgment form. It will need to be filed with the court and recorded with the county recorder. There...
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What are my settlement options regarding rule 3.740 collections?
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Answered on December 19, 2014
Every case is different. Much depends upon the evidence that the creditor or debt buyer will be able to produce in court. You should consult a...
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