Archived
What form do I need to respond to a limited civil case?I am being sued for $9,900 in tuition fees for a program I didn't receive
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Answered on November 08, 2012
There is no pre-printed form which exactly covers your situation. You can file an Answer to Complaint and allege applicable affirmative defenses. ...
Archived
What is the best way to collect a money judgement from my divorce.
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Answered on November 07, 2012
All such remedies are available. However, the specifics of your case may not allow you to do all of the above. Any attorney should review the...
Archived
I am being sued by a collection agency. The judge grated the plaintiff a motion to compel against me.
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Answered on November 07, 2012
The order for payment of monetary sanctions operates just like a civil judgment. The judge will not "order" you to pay it. The creditor must find...
As a sole proprietorship why can't i claim protection under the FDCPA or the Rosenthal Act for a BofA, Wells or Chase loc?
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Answered on November 07, 2012
There is some case authority in which a court has found that a "business" credit card was actually a consumer debt and that the FDCPA was...
Archived
A collection company has a judgment against me. Can they put a lien on my house, can they attach my social security check.
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Answered on November 06, 2012
In California you have a statutory homestead exemption of at least $75,000 of equity in your primary residence. The amount is more if you have...
HI SOMEONE FROM GOLDBERG AND ASSOCIATES CALLED ME SAYING I OWE PAYDAY LOAN YES PAY OR GET SUED FOR 2100 GARNISHMENT I GOT 24HOUR
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Answered on November 06, 2012
They are deliberately trying to scare you. It is a violation of the Fair Debt Collection Practices Act to use any sort of misrepresentation to...
Archived
Can I get a felony charge filed against me for an unpaid payday loan?
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Answered on November 06, 2012
I have never seen such a criminal filing. If you committed identity theft or other fraud, you might have a criminal law problem. But no repaying...
I wrote several bad checks to a local indian casino. What happens if I file BK... Can the checks be included as debt?
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Answered on November 06, 2012
You can, and should, include them in your schedules. The casino may try to file an adversary proceeding to declare that these debts are not...
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Archived
If a Junk Debt Buyer sues a California resident for credit card debt and the card has the 'governing law' clause
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Answered on November 05, 2012
If the Choice of Law provision is valid, the California court will apply Virginia Law, with certain exceptions which you can study in your third...
Proving unsecured priority claim and fraud in Proof of Claim filing with bankruptcy court?
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Answered on November 05, 2012
A Proof of Claim is not a proceeding to determine whether a debt is dischargeable. You need to file an adversary proceeding. What you Proof of...
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