Q: I reached a settlement with a collection agency. Before I paid them, they levied my bank account. Is that legal? A: If you have a payment agreement, it is probably a violation of the FDCPA and the Rosenthal Act…
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FAQ: Can I be sued for my spouse causing an accident?
Q: My spouse is an alocholic. Can I be sued if he causes an accident? A: Yes. You can be sued up to the statutory limit if you are a registered owner of the car. If, however, they can prove…
FAQ: The other person did not have enough insurance. What do I do?
Q: I was involved in an accident and my car was damaged. The other person did not have enough insurance to pay for my repairs. Now what? A: Hopefully, you have collision coverage. If you do, then you can go…
California Debt Blog: FAQ: Can they collect in a different state?
Q: I ran up a debt while living in Arizona. I now live in California. Can the Arizona debt collector take my money in California? A: Yes. The collection agency can obtain a judgment against you in Arizona (and possibly…
California Debt Blog: Law Firms Can be Responsible Under FDCPA
A NY judge has determined that a law firm can violate the FDCPA (Fair Debt Collections Practices Act) by not having an attorney “meaningfully review” a file. The judge determined that a jury could conclude that the firm did not…
Buying Wrecked Cars
I tell my clients that once their car has been in a wreck and declared a total loss, they should give it to the insurance company. The car will never be fixed to your standards again so why deal with…
FAQ: How do I get the other person’s insurance information?
Q: I was involved in a collision. I did not get the other person’s information about his insurance company. I am injured now. How do I get the insurance information? A: When you are involved in an accident, you need…
California Debt Blog: FAQ: My debt has been “charged off.” Do I still owe the debt?
Q: My debt has been charged off. Do I still owe the debt? A: You still owe the charged-off debt. Many people mistakenly believe a creditor does not want to collect a charged-off account. Wrong-o! A charge off is merely…
FAQ: I am being sued for more than my insurance. Now what?
Q: I was in an accident. I have a 25/50 policy ($25,000 per person, $50,000 per accident.) I am being sued for personal injury for more than that amount. Now what? A: It depends. If the insurance company had a…
California Debt Blog: FAQ: I have a judgment on my credit. How do I remove it?
Q: I have a judgment on my credit report. How do I remove it? A: If the judgment is against you and it is proper, you need to pay the judgment. Once you pay it, ask for an Acknowledgement and…