Archived
When a Writ of Execution is served upon the Bank of the Judgment Debtor, what is the obligation and responsibility of the bank?
Richard's answer
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Answered on February 16, 2012
Yes. Check the vesting of the account. The name of the debtor must be on the account. Also, you must have the Writ served at the correct branch....
Archived
What is the statute of limitations on a payday loan in california?
Richard's answer
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Answered on February 14, 2012
Even if the debt is legally owing, the collector is violating the Fair Debt Collection Practices Act by threatening to have you arrested, calling...
Archived
Can I sue someone for their debt going against my credit?
Richard's answer
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Answered on February 14, 2012
It is hard to give you clear advise without sitting down with you and reviewing the facts and looking at the documents. If you did not register...
Archived
How much can I sue my creditor for??????????????
Richard's answer
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Answered on February 14, 2012
Call the plaintiff's attorney. Ask for a copy of the Summons and Complaint, and a copy of the Proof of Service. Also request an extension of...
Archived
A contractor using a collection agency to collect the money payment on invoices that are not right
Richard's answer
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Answered on February 14, 2012
You had/have a contract with the marketing contractor. The terms of the contract, i.e., what they promised to do, is shown by the emails,...
Archived
California law allows a judgment creditor to collect money from the bank account of a debtor's spouse even when the debtor's nam
Richard's answer
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Answered on February 14, 2012
Unless the car is a luxury car, and completely paid for, it is usually not economical to levy upon a motor vehicle. The debtor has an exemption...
Archived
Is there a section in the california rules for response time to debt collection discovery and if no reply it is deemed admitted?
Richard's answer
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Answered on February 13, 2012
You will find the time limits in the Code of Civil Procedure. You should carefully read the sections of the Code of Civil Procedure dealing with...
Archived
What are the rules for issuing debt collection discovery requests in california?
Richard's answer
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Answered on February 13, 2012
The codes sections governing discovery requests are in the California Code of Civil Procedure, starting at about 2017. I suggest that you read the...
Archived
FDCPA: Collection account transferred to a second collection agency while my lawyer was working on it. What's that all about?
Richard's answer
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Answered on February 11, 2012
Sue both collection agencies. The first should have told the second that there was attorney representation. The second one should not have...
Archived
I have been served for a past due credit card debt. How can I file an answer?
Richard's answer
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Answered on February 11, 2012
Calculate the time deadlines. In the vast majority of credit card collection lawsuits, the creditor gets a default judgment. I suggest that you...
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