Archived
Creditor filed small claims lawsuit against me for money owed. Do I have to counter-sue him in small claims court for FDCPA
Richard's answer
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Answered on February 14, 2014
You can file the FDCPA claim in either state court or federal court. See 15 U.S.C. 1692k. Many times state court is better than federal court...
How to find out if a person is a real lawyer ??
Richard's answer
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Answered on February 13, 2014
In order to practice law in California, an attorney must be admitted to practice in California. An out-of-state lawyer cannot file a lawsuit in...
Archived
For 18 yrs bank didn't bill us, contact us or seek to collect on non-purchase secured HELOC .What recourse does it now have?
Richard's answer
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Answered on February 13, 2014
You need to get more information. Communicate with the bank in writing; phone calls will not help you. Ask for a copy of all billing statements. ...
Archived
Attorney with expertise on purchase of legal judgments from a collection agency.
Richard's answer
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Answered on February 13, 2014
Typically, an agreement to assign / sell judgments or accounts receivable is 40+ pages long and includes disclaimers, warranties, and agreements to...
Does a sister state judgement restart the statute of limitations?
Richard's answer
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Answered on February 12, 2014
The Statute of Limitations does not apply in your case. The SOL is an affirmative defense, which you must plead in your Answer to Complaint and...
Archived
What is proper action against bank and attorneys for perjury in a bankruptcy relief from stay?
Richard's answer
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Answered on February 12, 2014
You need to have an attorney review all of the facts and all of the legal issues involved.
Archived
Personal guarantee and fraudulent transfer - can the guarantee be in writing (unsigned) but enforced by continuous payment?
Richard's answer
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Answered on February 11, 2014
It must be signed ("subscribed") by the party to be charged.
Archived
Receiving voicemails from third part debt collectors, stating that charges have been filed against me.
Richard's answer
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Answered on February 11, 2014
These are violations of the FDCPA. If you can identify the callers, and if they have the money to satisfy a judgment, you might be able to sue...
Archived
California Auto Installment Loan breached in 2009. After 4 years can lender now sue for conversion?
Richard's answer
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Answered on February 11, 2014
No. If the lawsuit was filed within 4 years of the date of default, it is not barred by the SOL. However, a cause of action for "conversion" has...
Can a process server claim to be a Court officer and tell others im being sued?
Richard's answer
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Answered on February 11, 2014
A registered process server is an officer of the court and is entitled to say that he has "legal papers" to give to you. He cannot say or imply...
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