Archived
I keep getting calls from a 1888 364 4892 number and they say i committed check fraud i believe they are a scam how can i check
Richard's answer
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Answered on January 19, 2013
Legitimate debt collectors do not act in this way. No debt collector who wants to use the civil courts acts in this way. No police agency acts in...
I received a Notice of Levy credit card debt ( Writ of Execution (money Judgment) fr. a County sheriff's office. What will I do?
Richard's answer
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Answered on January 18, 2013
Why didn't you go to court when the case came set for trial? Were you served with Summons but decided to ignore the matter because you had...
Archived
Credit Card trial coming soon----i have a question
Richard's answer
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Answered on January 18, 2013
I really think that you should sit down with a lawyer. Who is the affiant of the Affidavit? You"? The responsible and knowledgeable...
Archived
Can I still collect on a loan after 4 years?
Richard's answer
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Answered on January 17, 2013
Sue in Small claims, or forget the whole thing forever. You have 2 statute of limitations issues. Four years, not from the date of the letter...
Archived
How does the choice of provision law hold up in a court of law in California?
Richard's answer
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Answered on January 16, 2013
If you want to assert the Statute of Limitations as an affirmative defense, you must (1) plead the Statute in your Answer, citing the exact...
Archived
Case Management Statement contains inaccurate statement from attorney representing collection agency.
Richard's answer
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Answered on January 14, 2013
File your own CMC statement. If you have tried to contact them -- the attorney, not a collection person, -- say so in your CMC statement. If you...
Archived
Credit card lawsuit question
Richard's answer
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Answered on January 14, 2013
You need a litigation attorney to assist you. For example, you might make a motion before trial under the Evidence code to exclude the documents. ...
Archived
A man owes me about 75k, he acknowledges the debt and i have a signed deed of trust that was never recorded with the registrars
Richard's answer
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Answered on January 14, 2013
You can probably record the Deed of Trust, assuming that it was properly notarized, with an Acknowledgment in the form prescribed in about 2009. ...
Archived
If legally separated from husband, am I protected from debt judgements against him?
Richard's answer
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Answered on January 13, 2013
California Family Code section 910 may give you protection against his post-separation debts. Debts incurred during marriage are presumed to be...
Archived
If I am the Defendent in a debt colletion trial can I be called by the Plaintiff to testify? If so can I use the 5th amendment?
Richard's answer
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Answered on January 13, 2013
They can call you to testify. You cannot use the 5th Amendment because it is not a criminal case. The plaintiff will ask you to admit that you...
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