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  1. J

    Eviction in 2006

    I'm not sure what state you're in, but my answer(s) applies to California. Evictions (like most civil matters) are a matter of public record. If you were evicted pursuant to a writ of possession, you very likely have a money judgment against you. Even if no monetary award was granted in the...
  2. J

    Can my spouse be sured for my debt?

    In addition to what seniorjudge said, once the creditors obtain a judgment against you, the can move to have the house put back in your name, as the transfer was without consideration, and only an attempt to hinder your creditors. In California, a judgment creditor can also get a court order to...
  3. J

    collections help

    Talk to the compliance officer of the agency. They are responsible for assuring that all state and federal laws are being followed. I would suggest changing jobs to a different agency. As a debt collector, you can be held personably liable for any violations you commit. Sounds like you are a...
  4. J

    testify

    Spousal Privilege covers confidential communication between a husband and wife (including oral, written and/or expressive action). It typically does not apply to situations where a spouse or child was a victim of a crime by the other spouse, but only as to that crime. It also doesn't apply if...
  5. J

    Fake Summons

    Is there a case number? File an answer. If it's bogus, no harm done, if it's real, you won't have a default against you. If it's from a collection agency and it's bogus, you have a FDCPA violation. File suit against the agency and/or collection attorney.
  6. J

    Motorcycle misrepresentation

    Your state laws may alter my opinion on the matter, but... An item sold "as is" is just that. He may have grounds to sue you for half the repair charges under a verbal contract, but if you didn't agree to pay for half the tow, and/or the oil change wasn't part of the necessary repair, I wouldn't...
  7. J

    scooter damages

    That would be the point of our civil courts. If you (or anyone other than a judge) were able to determine who was at fault in a contested matter, what would be the point of our judicial system?
  8. J

    judgement

    Go to the court where the judgment was entered, get a copy of the judgment. It will state the amount of the complaint and if interest, court costs and attorney's fees were awarded. Unless a satisfaction has been filed with the court, you still owe the balance minus what you have paid (along...
  9. J

    Need help desperately- False positive drug test

    Drug tests almost always test for the metabolites of drugs, not the drugs themselves. They split the sample because they do a preliminary test. If that is positive, they do more in-depth testing with the other sample (such as GCMS). There should be a dispute procedure available for contesting...
  10. J

    In desperate need of legal advice

    Consult a family law attorney, and or legal aid. File a police report regarding the incident and get a restraining order issued. I have little to no experience in family law, but the actions you described could be construed as a threat/threatening behavior and you need to have a formal police...
  11. J

    being sued by a ex co-worker

    What state are you in? Why are you being sued? Does the alleged tort fall outside of your normal duties as an employee? You didn't provide enough information for anyone to give their opinion in the matter. More than likely, if the company is telling you to retain counsel, you need to.
  12. J

    sued for balance on repo

    You need an attorney who practices civil litigation and who has experience in collection matters. I'm not well versed in the laws of your state, nor have i read the contract under which you are being sued for. In any case, I am not an attorney, so my advice is merely my opinion, and should be...
  13. J

    Can order vacating a dismissal be itself vacated?

    Do you owe the money? You may get the default judgment vacated, but they will just bring the action again, and if you owe, they will get judgment.
  14. J

    Cannot collect on a judgement

    How sure are you that the debtor was making enough to have his/her wages attached? I would research your state law regarding the employer's liability for failure to withhold and wages to the levying officer, then send the employer a certified letter citing their possible liability, that you...
  15. J

    Holding my car ransom

    What state are you in?
  16. J

    sued for balance on repo

    I just reread your question more closely... Usually an auto loan contract will have a provision that considers any improvements or alterations affixed to the vehicle to be deemed part of that vehicle (like affirmative waste in real property). Even if that is not the case... The question is: Are...
  17. J

    Is this a legally binding contract?

    A signed receipt for certified mail only proves that he got the check, not that he agreed to the terms of your conversation. Google "Statute of Frauds".....
  18. J

    Collections Lien?

    They can only put a lien on the house if they have a judgment. You may qualify for a homestead exemption, depending on the laws of your state. They may be able to execute on the lien to enforce the judgment (ie force the sale of your house to satisfy the debt). Consult an attorney.
  19. J

    Collection Agency

    Did your commissions from the previous month equal or exceed the amount of your last check?
  20. J

    sued for balance on repo

    Did you attempt to regain possession of the property within 30 days of the vehicle being repossessed? If you're being sued for the deficiency, it has most likely been well past 30 days since the vehicle was repossessed.
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