Archived
Can a credit card lawsuit be dismissed if the real party in interest is a subsidiary of the credit card company. . .
Richard's answer
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Answered on April 25, 2012
What do you mean by a "credit card lawsuit"? is it a debt collection lawsuit arising from you failure to pay as agreed on a credit card...
Archived
Did the debt collector violate FDCPA and Rosenthal act?
Richard's answer
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Answered on April 25, 2012
Question: Is it a "consumer debt". Probably subject to FDCPA but probably not subject to Rosenthal. This should be the worry of the collection...
Archived
Can i obtain money from the spose of the jugdement debtor if wife hold all money
Richard's answer
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Answered on April 25, 2012
You might want to consult with an attorney, as California is a community property state. If the assets are community property, you might be able...
My account is being forwarded to an Attorney to obtain a judgement against me
Richard's answer
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Answered on April 25, 2012
They are making a threat to sue you. In California, an attorney must personally review the file before making the decision to file a lawsuit. In...
Archived
What do i do about a wage garnishment
Richard's answer
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Answered on April 22, 2012
Your question is not clear. Is there a pending lawsuit? Has a judgment already been entered? A threat of a lawsuit?
If you have been served...
Archived
What paperwork do I need to fill out to amend my answer to include "affirmative defense of settlement"?
Richard's answer
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Answered on April 20, 2012
You are far enough into litigation to make it worthwhile to sit down with a lawyer for a half hour to review the paperwork that has been filed and...
Is it unwise to attach exhibits to an answer in limited civil case in CA?
Richard's answer
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Answered on April 20, 2012
The Answer / General Denial is a "pleading", not evidence. It is a promise or representation of what you claim the evidence will show. Take the...
Archived
Can i receive multiple wage garnishments
Richard's answer
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Answered on April 19, 2012
The total amount garnished cannot exceed 25% of your income. You can file a Claim of Exemption with the Sheriff (or other levying officer) stating...
Archived
Can i get charged with check fraud if i don't pay the loan back in time?
Richard's answer
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Answered on April 19, 2012
It is a serious violation of the Fair Debt Collection Practices Act for a debt collector to threaten or to imply that there will be a criminal...
Archived
Am I legally obligated to pay my husband's past student loan debts? (CA)
Richard's answer
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Answered on April 19, 2012
The debt is your husband's separate property debt. You are not legally responsible for his prior debts.
Did you file a joint income tax return? ...
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