California Collections Legal Questions

The award filed with the court is enforceable like a civil money judgment.  The law gives you many tools to use to enforce the judgment. The question then becomes what to do with respect to this particular debtor. You mention employment.  The debtor's wages can be garnished.  You mention a property. That can be subjected to a judgment lien.  Depending on the equity and the specifics it could be levied and even sold. In addition to those possibilities, bank or brokerage accounts can be levied. The debtor can be ordered to appear in court to answer questions about their financial situation. When it comes to judgment enforcement, the creditor has many options and is not limited to one strategy.  ... Read Answer

Hi Kisha, Yes. You will need to file a response to the complaint, most likely in the form of a demurrer, raising the statute of limitations defense. Our firm has defended quite a few of these claims, including those where our defense was on statute of limitation grounds. If you do not raise the statute of limitations in your initial responsive pleading you will likely waive it, so you want to make sure that you properly handle this. Let me know if you want to discuss your matter. Thanks,Jon... Read Answer

If the prevail in their lawsuit you are going to be on the hook for court costs. With regard to attorney's fees it depends on whether you breached a contract that allows for the prevailing party in litigation to collect attorney's fees or if there is some other statutory basis for awarding attorney's fees.  Thanks, Jon... Read Answer

If you have not made a payment since 2008 (or ever) the 4 year statute of limitations has run and they cannot sue you. The only thing they can do is put this debt on your credit report.    Jeffrey D. Stearman, Esq. Fullerton, CA. 92831 (714) 871-7778 Always a FREE initial telephonic consultation.... Read Answer

The statute on credit card debt in California is typically going to be four years, but if the credit card agreement is governed by the law of another state it could possibly be shorter. The SOL must be raised as an affirmative defense. The Plaintiff has the burden of proving their case, but you will have the burden of demonstrating that the amount owed is barred by the SOL. Thanks,Jon... Read Answer

You should contact a local creditor's rights attorney to determine how best to proceed against the ex-landlord.   For a good list of creditor's rights attorneys, please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=California%20creditors%20rights%20   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

You need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=consumer%20rights%20california   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Please see: http://www.crla.org/office-locations This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

You need a consumer rights attorney to represent you.  You should immediately contact a local consumer rights attorney to protect your interests. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from making threatening action that they do not intend to take or cannot legally take, and the FDCPA applies to law firms as well. While a law firm CAN file a lawsuit against you, and therefore it does not violate the FDCPA, the questions is whether they INTEND to file a lawsuit against you. If not, then it violates the FDCPA.... Read Answer

Assuming that the document is fake, you can sue them under the FDCPA and California's Rosenthal FDCPA. Both these statutes prohibit the use of false representations during the collection of a debt. Since you are in California, you are allowed to sue the agency under both statutes in a combined action for $2,000 in statutory damages as well as any reasonable attorney fees and costs incurred in bringing your claim.... Read Answer

If it is a collection firm, you can write to them and tell them to not call, but they can still make calls to verify your location, etc.  They can also sue.  The information is or will be on your credit report.  It seems odd that a law firm is involved with such a small amount involved, but I guess times are tough for some lawyers.... Read Answer

The best way is to file a complaint with the commissioner of insurance for the state the insurance company is domiciled (not necessarily where you live), and with the commissioner in your state.  SHow on the complaint that you are making it to both.  Send a copy to the company, c/o Office of General Counsel, or find out the name of the CEO, and send him a copy.  Be very straight forward, do not sound angry, just state the facts in a way that an impartial person would conclude that the way you are being treated is an outrage and not appropriate and you are a calm and rational person.  The value of politeness cannot be overstated.    ... Read Answer