Archived
I received a writ of execution on a debt that is not mine. Can I try and make payment arrangements at this point?
Richard's answer
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Answered on April 18, 2014
You need a lawyer. If the debt is not yours, you may have a good case against the debt collector if, and only if, your lawyer sets up the...
Archived
How do i enforce a sister state judgment against a company in California?
Richard's answer
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Answered on April 18, 2014
Cash the check and acknowledge a partial satisfaction of the California judgment. Then file a Memorandum of Costs, covering the court costs...
Archived
I received an email from my dentist that if I don't pay my monthly bill, they Will sent me to court
Is that legal?
Richard's answer
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Answered on April 18, 2014
The only requirement is that they communicate a demand for payment. they do not need to involve a collection agency.
Archived
I wish to garnish a bank account after winning a small claims judgement
Richard's answer
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Answered on April 18, 2014
Is the business a sole proprietorship? A corporation? A partnership? Some other type of legal entity? You can levy on the account if the...
Archived
What format should an executor use to reject a bill from a creditor if estate does not have the funds to pay all creditors?
Richard's answer
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Answered on April 18, 2014
Have you filed a Petition for Probate with the Superior Court? Has the court issued Letters Testamentary? Is this a small estate that is exempt...
Archived
I have a Notice of Judgment, how do I collect from the defendant?
Richard's answer
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Answered on April 16, 2014
You must wait the 30 days. They may have the right to appeal and have the case heard again. When it is time, you must obtain a Writ of Execution...
My wages are being garnished by Dodeka LLC. What can I do?
Richard's answer
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Answered on April 16, 2014
Your first stop should be the courthouse where the judgment was entered. The garnishment papers have a court case number. They also have...
Archived
Collection fair act & wrongful repossession
Richard's answer
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Answered on April 16, 2014
Under the California Fair Debt Collection Practices Act, you can sue the creditor and receive up to $1,000 per violation, plus attorney's fees. ...
Is it legal to add a collection/late fee after 7 months past due of an invoice payment?
Richard's answer
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Answered on April 16, 2014
No. If it is a consumer account, it would be a violation of the federal Fair Debt Collection Practices Act as well as state statutes. You may...
Archived
How do i know who to pay for my credit card balance that has been sent to collections?
Richard's answer
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Answered on April 15, 2014
Do not believe anything that a collector tells you over the phone. If they will not verify any claims in writing, they are lying to you. You...
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