I won a small claims case, now the debtor is filing Chapter 7. Can I still collect my money?

A 341(a) hearing is not a "court" proceeding. It is an examination (Q&A) conducted by the BK Trustee. If you attend, you can ask questions of the...

When there is a written stipulation, any oral assurances, representations and promises are of no effect. The Stipulation should specifically state...

Are you serving the subpoena on the bank? There are certain requirements, including service of a "Notice to Consumer" form.

Do I have a case of FDCPA violation?

You may not have a claim under the Fair Debt Collection Practices Act. However, if you properly dispute this with each of the 3 credit reporting...

Can any of his creditors still obtain a judgment and record an abstract that attaches to the house?

Be sure that you record the transfer of title to the house before any creditor records an Abstract of Judgment. You may want to check the current...

Can I be charged with fruad?

The decision to file criminal charges is made by the local prosecutor. Your aunt can file a police report, but she does not have the power to file...

How to get rid of debt collectors who threaten and verify mailing address for home or work to serve papers supposedly

If they will not give you the name of the original creditor and give you their address (street address rather than just a PO Box), it may be a...

My ex owes $4k but I do not have his address. Can a collection agency locate him and collect?

Is your ex in California? If he is in another sate, you will need to file a court proceeding in his current state of residence in order to enforce...

Debt collection

You need to review your assets and the exemption laws. Code of Civil Procedure section 703 and 704. If they get a judgment, they cannot take any...

Do I have to respond to a request for admissions and interrogatories if the case was already dismissed without prejudice?

Have you seen the actual "Request for Dismissal", as filed in the court's file? Or are you looking just at notes in the online Register of...