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  1. J

    Third Party Collections

    just wanted to say that it really doesn't matter that the debt has been "charged-off", you owe it in any respect and the assignee has the legal ability to report to credit reporting agencies that they are collecting on the said debt.
  2. J

    Problem with collection attorney

    as it's been twenty years since judgment was entered, you a very few realistic recourses. get the case number and court where the case was heard. call the court and request a copy of the complaint and the proof of service. they should still have it if it's been renewed. review these...
  3. J

    Is Wife's Separate Property Liable?

    1) depends on what collection agency/attorney gets the account. once you a delinquent, the original creditor will try to collect from you for a few months, then it's off to the first in line of collection agencies. most will only call, but a few might sue you. If you get a "gung-ho" collection...
  4. J

    harrassing family members...

    The FDCPA spells out limitations as to who, when and why a collection agency can contact third parties (usually only to determine your location). They can only "talk the debt" to your spouse or your attorney. Your state may have laws that place more restrictions on their activities.
  5. J

    California Car dealership "forgot" to charge sales tax!

    If the contract says $0 in sales tax, I would send them a copy of it and dispute the entire balance.
  6. J

    Government Statue of Limitations

    If they are able to levy against your tax return, they have a judgment. Not all judgments will show up on your credit report. If you had a levy, you must have been served with some form of notice. That should have the case number and jurisdiction where the case was filed.
  7. J

    which SOL to go by For a CA?

    Tolling of the statute means that the time limit for the creditor to take legal action on their claim is "frozen". This happens for various reasons, usually when the defendant is disabled and unable to act on their own behalf. I need to ask this, are you willing to pay what you owe? As...
  8. J

    Being Served

    point being, your dad knows about the suit... file an answer right away. trying to hide from a process server is a losing battle, they will find you. even if you could prove improper service, the complaint will be dismissed without prejudice, and can be filed again right away.
  9. J

    Collection of refund issue

    advise the debtor of your intention to file a small claims action, give him/her a reasonable time to pay what is owed, then proceed in court. chances are teh supplier will pay up, if not, and the facts are as stated, i think you would have a good chance at obtaining judgment (be sure to research...
  10. J

    Unauthorized purchase on check card

    i'm not 100%on this, but if the "check card" has a mastercard/visa/etc logo, you may be able to dispute the charges under the FCBA.
  11. J

    which SOL to go by For a CA?

    I misunderstood the question. I thought the debt was incurred in CA and you now live in NV. The SOL is still "tolled", although I would doubt that anyone would be trying to collect on it after 10 years. SOL is an affirmative defense, so if you do get a summons, be sure to include it in your...
  12. J

    Getting served?

    do not ignore the summons. if it was properly served. and a default was entered against you, you have little to no recourse. either answer the complaint with an affirmative defense, or go to adr with your creditor.
  13. J

    deadbeat owes me money

    in ca the drawer is liable for treble damages (up to $1500) for an nsf check. advise the debtor that you intention is to file suit. research the applicable statutes and send a demand letter certified to the debtor, as per statute. i don't foresee any problem if the show performed as agreed. be...
  14. J

    dispute with walmart

    talk to the manager and try to resolve the issue out of court. if they refuse to deal, advise them of your intentions (to file suit). serve the corp headquarters agent for service of process in your state. if they damaged your glasses due to carelessness, they should be held liable for the...
  15. J

    information supooena to paypal?

    i would get a writ/3rd party levy on his paypal acount. you could also get a subpoena for his business records (assuming he/she isn't dba as an inc or llc) or serve interrogatories to ebay. as far as a judgment creditor goes, there are a lot of options open in terms of avenues for recovery. did...
  16. J

    Default Judements

    as far as i know, the default (clerk's judgment) can only be applied for after the time for the defendant's time to answer has expired. the defendant may still make a motion to vacate judgment (showing good cause), but, as far as i know, if the papers were not filed in time, the answer is moot...
  17. J

    Is this a small claims suit?

    i, personally, would talk to the seller about his liability regarding the misrepresentation, and depending on how that goes, name him in an s&c, then have him cross complaint the repair facility (you can also name them in the original complaint as well) report them to your state bar [bureau of...
  18. J

    Am I wrongfully getting evicted?

    i concur with the opinion as stated above
  19. J

    I cancelled my wedding band and now they are suing me

    pay them... if that is what the contract you signed says, you most likely will lose in court, and be liable for the balance.... always read the fine print
  20. J

    Judgment Awarded - How do I Recover?

    bank levy (see where your check were cashed while a tenant), third party levy on new tenants, ewo... there are a million ways, if you have enough information. if you have trouble, send me a pm and i'll either guide you through it, or refer you to someone who can (i work in legal collections)
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