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I am currently going through a divorce and also suing my wife to collect on a large loan I made to her before we were married.
Richard's answer
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Answered on August 25, 2012
The loan must be scheduled as an asset on your Statement of Assets and Debts. It should be listed as a separate property asset. If you do not...
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How much interest can you be charged in Ca. if you don't pay a judgement?
Richard's answer
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Answered on August 25, 2012
You should have a family law attorney review the court papers and judgment. From the information you provided, he must pay you the court-ordered...
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Do I file Claim Exemption in supr crt or Motion to Enjoin in fed crt?
What do I file, if my X is willing to forgive my debt?
Richard's answer
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Answered on August 25, 2012
File a Claim of Exemption with the levying officer, usually the Sheriff, to release the funds in your bank account.
Archived
How do I obtain funds from a now-defunct collections agency?
Richard's answer
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Answered on August 24, 2012
You cannot use Small Claims Court if the defendant is not in California. Was the company a corporation, a partnership, an LLC or what? When you...
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Is there a law that protect the consumer from 3rd party collecor in obtaining their statements from a bank ?
Richard's answer
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Answered on August 24, 2012
Yes. You file a motion with the trial court to quash the subpoena. You need to do this before the return date on the subpoena. Be sure to follow...
What is the best way to contest excessive billing by a medical doctor (dermatologist)?
Richard's answer
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Answered on August 24, 2012
You can file suit in Small Claims Court to get your money back. But you will need to present proof that the amount that you actually paid was more...
I owe American Express $50,000 and can only pay $500/month. Amex sent me to a collection agency. What do I do?
Richard's answer
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Answered on August 24, 2012
The items that you charged may not constitute "consumer debt", so your rights may be limited by that fact. You really need to hire an attorney to...
Archived
Statutue of limitations on unpaid collections in California?
Richard's answer
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Answered on August 23, 2012
The Statute of Limitations applies if you are sued in court. It must raised as an affirmative defense. Credit reporting is governed by federal...
Archived
What liability does a creditor who knowingly fabricates a debt and then engages a collections agency to collect it, face?
Richard's answer
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Answered on August 23, 2012
Credit damage is a specialized area. When you sue, you must prove a specific, dollar amount of damages. "Speculative damages" are not allowed. ...
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In CA, can a pre judgment writ of attachment be appealed? What is the time deadline and filing procedure?
Richard's answer
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Answered on August 23, 2012
You can always post a bond to cover the amount of the claim. Otherwise, if you want to appeal, you need to have a lawyer.
Did a lawyer...
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