Archived
For what length of time can a plaintiff pursue collecting on a default judgement for an old credit card debt?
Richard's answer
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Answered on May 31, 2013
Since you allowed a judgment to be entered against you by default, you lost the chance to argue that the debt was not incurred by you. The...
Can a creditor levy a bank account on which I am an authorized signer, but not the account owner?
Richard's answer
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Answered on May 31, 2013
The creditor will claim that you have funds in the subject account(s) and that you have access to the funds. If there is an attempt to levy, a...
Archived
What affirimitive defenses should I submit for a promissory note in CA past the statute of limitations
Richard's answer
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Answered on May 31, 2013
The specific affirmative defenses depend upon the facts of the specific case. By alleging an affirmative defense, you will have the opportunity to...
Archived
I got a notice of execution (money),what forms do I need to stop the levy?They took 1200.00 from bank acct already.
Richard's answer
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Answered on May 30, 2013
Did you go to court and have a trial? If not, why not. You need to go to the courthouse and get copies of the Proof of Service, the Complaint,...
Archived
Living in CA, should I file an answer or a demurrer regarding old HOA dues based on 4 year SOL? Or negotiate settlement?
Richard's answer
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Answered on May 30, 2013
The Statute of Limitations is an affirmative defense which you must plead in your Answer to Complaint and then prove at trial. I suggest that you...
Archived
What steps do I need to take when dealing with Asset Acceptance? I was an authorized user on the acct.
Richard's answer
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Answered on May 30, 2013
An "authorized user" is not contractually liable on a credit card account. You did not sign an application or a credit card agreement. Also, the...
Archived
If I get married to a girl with past debt issues or credit problems, can the creditors come after me for money?
Richard's answer
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Answered on May 29, 2013
After you are married, your earnings are community property. Therefore, half of your earnings belong to her. Anything that you own jointly is...
Archived
I need to file a response to a summons in a limited civil case. I would like to settle. What form do I use?
Richard's answer
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Answered on May 29, 2013
If you were served with a Summons and Complaint, you should file an Answer (or other responsive pleading). You may want to also file a Cross...
Archived
Medical debt - can they chase in Europe to extend statute of limitations?
Richard's answer
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Answered on May 28, 2013
Theoretically they can sue you in the UK. However, I doubt that they will. Will they send witnesses to testify in the court in the UK? Very...
What kind of lawyer do I need to fight a writ of execution?
Richard's answer
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Answered on May 28, 2013
An attorney who is experienced in civil litigation, commercial litigation or in consumer law. There are attorneys listed in the "Find a Lawyer"...
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