Archived
Have a Judgement for Discover. Its started at 14,000 now its 23,000. Were looking to buy a home in February and need legal assis
Richard's answer
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Answered on August 28, 2014
"Going through so much" is not a valid reason for not defending a lawsuit. There may be a way to set aside the default judgment, but it will...
Archived
Ex-husband is suing me for $15K for credit card debt ( I used his card while we were married in exchange for living arrangements
Richard's answer
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Answered on August 28, 2014
What does your attorney advise? The other side's attorney will not give you advise.
There are some family law provisions that may protect...
Archived
How long before a debt can no longer be collected on
Richard's answer
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Answered on August 27, 2014
Their use of the words "filing charges" may be a violation of the Fair Debt Collection Practices Act, as well as California's Rosenthal Act. It is...
Archived
How do I find out the statute of limitations on my debt
Richard's answer
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Answered on August 25, 2014
No. and No.
Do not ask a debt collector for legal advise. A debt collector is not your lawyer. A debt collector pays his/her rent with whatever...
I'm being sued for a credit card account that is NOT mine and has caused many other personal problems, can I counter sue?
Richard's answer
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Answered on August 24, 2014
You appear to have several very good claims against the debt collector, including violation of 15 U.S.C.1692f and Calif Civil Code 1788.17. You...
Archived
Can a plaintiff go after me to collect a judgement against my husband?
Richard's answer
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Answered on August 24, 2014
It may make a difference whether you are still married and residing together. Or divorced. The potential issue that the creditor would have is...
Archived
The debtor's corporation has not enough money, what will be paid first - taxes, salaries or bank levies upon writ of execution?
Richard's answer
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Answered on August 24, 2014
Assuming no bankruptcy was filed, and assuming that no tax levies or wage claims have been served upon the bank, you will get whatever is in the...
Archived
I HAVE A WAGE GARNISHMENT ORDER ISSUED BY SUPERIOR COURT TO MY EMPLOYER THAT I DIDN'T RECIEVE ANY NOTICE FROM THE PLAINTIFF.
Richard's answer
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Answered on August 22, 2014
The garnishment papers that you received include a court case number and the name and address of the court. You need to review the records in the...
Archived
HSBC applied money from a repo sale to my credit card does this payment reset the SOL's on the credit card
Richard's answer
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Answered on August 21, 2014
Probably not. However, the SOL is only useful as a defense in the event that you are sued. You must properly allege the SOL as an affirmative...
Archived
I am going through a divorce and my soon to be EX has maxed out all of his credit cards; all post date of separation.
Richard's answer
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Answered on August 20, 2014
If you threaten him with criminal prosecution (for cc fraud or other crime) in order to get some advantage in your divorce case, YOU are guilty of...
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