Archived
Got a civil demand letter. Agreed to pay gave them my info, I don't want to pay anymore is it ok to not make after agreement
Richard's answer
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Answered on November 05, 2013
The police are not involved in a "civil demand". The store (or its agent) can sue you in Small Claims or in Limited Jurisdiction civil court and,...
Archived
Can I add a small claims judgment in my bankruptcy?
Richard's answer
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Answered on November 04, 2013
Yes. If you do not include all of your debts, your BK not go through.
Archived
Does this prove that the debit collection agency has a legal right to sue or would they still need to show proof in court?
Richard's answer
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Answered on November 04, 2013
The debt collector, or debt buyer, will need to present evidence that it owns the debt. They probably have a bill of Sale or some other document. ...
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Archived
Being sued by Midland funding in CA. for a CC debt and need to file a written response. How do I do that ?
Richard's answer
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Answered on November 04, 2013
You need to file a responsive pleading with the court, with proof of service on Midland. There is a court filing fee. You can ask the court to...
Archived
Can I get out of paying them if they misspelled my name by one letter? Should I not pay ?
Richard's answer
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Answered on November 03, 2013
The spelling of your name is not a defense. However, what you received is a "civil demand letter", which is authorized under a state statute to...
Archived
Can I counter claim for the interest on a judgment owed by the plaintiff?
Richard's answer
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Answered on November 01, 2013
No. You add the interest to the child support judgment that you already have.
Why is there a suit in Small Claims. If you owned the car...
Archived
Can i be charge for "Theft by Deception" for a payday loan, I possibly took out back in 2008? I do not remember taking a payday
Richard's answer
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Answered on November 01, 2013
Its a fraud. He/she is not an attorney. Does the "debt collector" have a real address, not just a PO Box? A real name? You can check with the...
Archived
Can motion to compel be filed after failure of plaintiff to appear/bring docs to mandatory settlement conference?
Richard's answer
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Answered on November 01, 2013
No, you cannot bring a motion for failure to bring documents to an MSC, unless there was a prior court order that the other side bring specific...
Archived
A debt collection agency has filed checking acct fraud against me. What kind of lawyer do I need?
Richard's answer
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Answered on November 01, 2013
You need a debt collection defense attorney, not an attorney who collects debts. You might try the naca.org website, "Find a Lawyer". The...
Archived
Sued by debt collector-Challenging Venue
Richard's answer
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Answered on November 01, 2013
You need to file a motion. The motion should be supported by a Declaration, executed under penalty of perjury, and a memorandum of Points and...
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