Archived
UD judgment and writ were issued; now 4 mos. later can I cite CCP 483.020 to file memo. of costs for addl. accrued unpaid rent?
Richard's answer
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Answered on May 09, 2013
The attorney who represented you in the UD committed malpractice if he/she left open the possibility of an Arietta claim.
You cannot collect...
A debt collection attorney just called me and offered a "Mutual Walkaway" from the lawsuit against me.What does this do exactly?
Richard's answer
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Answered on May 09, 2013
If you have attorney's fees, you must have an attorney. If you have an attorney, the collector should direct all communications to your attorney,...
Archived
My mother is 79 and has an unpaid credit card debt. She has received a Notice of Levy on her bank account.
Richard's answer
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Answered on May 09, 2013
First of all, a levy can happen only if there is a court judgment. A court judgment can happen only if there is proper service of Summons and...
Archived
If I already paid my judgement in full, can the C.A. report the interest as 'charge-off' on my Cr Report after the judge denied?
Richard's answer
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Answered on May 09, 2013
It appears that the collection agency may be violating the Fair Credit Reporting Act. Before you can take action against the debt collector, you...
Archived
What does a judgement creditor have to do to collect additional cost & interest from the judgement debtor?
Richard's answer
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Answered on May 09, 2013
Post judgment costs can be collected by filing a Memorandum of Costs. As far as damage to the premises, or holding over after the date of the...
Archived
If I pay my student loan for the amount that we settled for, can they come back and try to get me for the full amount later?
Richard's answer
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Answered on May 09, 2013
The terms of the agreement, the complete terms. must be in writing. It must be signed, and the person signing on behalf of the creditor must have...
Archived
Can collectors place a levy on my wages? If so, how will I be notified?
Richard's answer
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Answered on May 09, 2013
The creditor must file a lawsuit. You must be served with a copy of the Summons and Complaint. Usually this is done by personal service, i.e., a...
Archived
Is there any way for me to stop a collection agency from contacting my spouse?
Richard's answer
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Answered on May 09, 2013
Under the FDCPA a debt collector can communicate with your spouse if they are allowed to communicate with you. If they contact anyone else, such a...
Archived
I have a creditor that levy my bank account and took everything that was in it $503. I contact the creditor to start paying bac
Richard's answer
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Answered on May 08, 2013
What is your question?
Hold on my personal banking account from sheriff, what to do?? Does this ruin my credit more?
Richard's answer
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Answered on May 08, 2013
The reason that the Sheriff levied upon your bank account is because you were served with a Summons and Complaint in a lawsuit. You either went to...
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