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Posts Categorized In: FAQ

California Debt Blog: FAQ: Can they garnish my social security?

January 20, 2007 by Jonathan Stein

Q: Is it possible to garnish disability or social security income of debtor? A: No. Social security payments and disability payments are exempt under California law, as well as Federal law. These cannot be garnished.

Categories: FAQ

California Debt Blog: FAQ: Can I homestead my house to protect it?

January 20, 2007 by Jonathan Stein

Q: Can I homestead my house to protect it from my creditors and any judgments? A: First, what is a homestead? A homestead is an automatic exemption under California law. (You can also use the exemption if you file for…

Categories: Current Affairs, FAQ, Legal Process

California Debt Blog: FAQ: I was sued. What do I do?

January 20, 2007 by Jonathan Stein

Q: I was sued on a credit card debt. They served me with a summons. What do I do? A: You need to file a responsive pleading within 30 days. What pleading you file will depend on a number of…

Categories: FAQ, FDCPA, Legal Process, Rosenthal FDCPA

California Debt Blog: FAQ: Is a signed promissory note binding?

January 20, 2007 by Jonathan Stein

Q: I signed a promissory note. Is this going to hold up in court? A: A signed promissory note can be evidence of an agreement. However, one party could argue that there is other evidence, including oral evidence, that you…

Categories: FAQ, FDCPA

California Debt Blog: FAQ: After 4 years, they still want money from me. What do I do?

January 20, 2007 by Jonathan Stein

Q: My car was repossessed over 4 years ago. A debt collector keeps calling me asking for money. What do I do? A: The statute of limitations is four years. Therefore, they cannot collect on this debt anymore. You should…

Categories: FAQ, FDCPA, Rosenthal FDCPA

California Debt Blog: FAQ: Can they take my other property?

January 19, 2007 by Jonathan Stein

Q: My car was repossessed. A collection agency called and they are threatening to take my furniture and other car. Can they do that? A: They cannot take your other car or furniture. They can only file suit for a…

Categories: FAQ, FDCPA

California Debt Blog: FAQ: What do I do if I am contacted about an old debt?

January 10, 2007 by Jonathan Stein

Q: I have a really old debt. What do I do if I am contacted about it? A: Some collection agencies will contact you about old debts. They are trying to get you to pay it even if the statute…

Categories: Current Affairs, FAQ, FDCPA, Rosenthal FDCPA

California Debt Blog: FAQ: How long is the statute of limitations?

January 10, 2007 by Jonathan Stein

Q: How long is the statute of limitations on my debt? A: It depends. There are two factors: the type of debt and the state you are in. Since I am in California, I will tell you the statutes for…

Categories: Current Affairs, FAQ

California Debt Blog: FAQ: How do I get a copy of my credit report?

January 10, 2007 by Jonathan Stein

Q: I heard I can get a free copy of my credit report. How do I do this? A: There are three ways you can get your credit report for free. You should thank our government for this. In 2003,…

Categories: Current Affairs, FAQ

California Debt Blog: FAQ: What to do if you are sued by a debt collector

January 7, 2007 by Jonathan Stein

My advice is simple: talk to an attorney. But, of course, I have a vested interest in that, right? I mean, in my perfect world, no one is sued. But, if you are sued, my next perfect world would be…

Categories: Current Affairs, FAQ, Hiring an attorney

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