Question: I recently found out that there is a judgment against me. They are attempting to garnish my wages. How do I fight this? A: There are basically four options if you want to fight a wage garnishment. 1. You…
Posts Categorized In: Legal Process
California Debt Blog: FAQ: My debt has been “charged off.” Do I still owe the debt?
Question: My debt has been charged off on my credit report. I read that I do not owe the debt once it is charged off. Do I still owe the debt? A: YES. Is that clear enough? You still owe…
California Debt Blog: Phony payday debt collectors are back
So it looks like the phony payday debt collectors are back. Don’t confuse debt collectors with these folks. I may not like debt collectors, but even the worst US debt collectors don’t do stuff like these people. Collectors like Persolve…
California Debt Blog: FAQ: Can my wages be garnished and what do I do if a debt collector violates the law?
More from the last two weeks on what a debt collector cannot do. This is based on the federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Act (also called the Rosenthal FDCPA). You may have seen these…
California Debt Blog: FAQ: What can a debt collector not do?
More from last week on what a debt collector cannot do. This is based on the federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Act (also called the Rosenthal FDCPA). You may have seen these tactics from…
California Debt Blog: FAQs on the Fair Debt Collection Practices Act
I get a lot of questions about the Fair Debt Collection Practices Act. People are confused about what it means and what rights they have. This is important to know when you are contacted by a debt collector such as…
California Debt Blog: The internet is hurting your debt collection defense
Yes, it is true. The internet is hurting you. It is out there making your life more difficult and making my life more difficult. It is causing you to believe things that are not true. Let me start with this:…
California Debt Blog: People v. Persolve – my perspective
The California 5th District Court of Appeals came out with a decision on August 15, 2013. That decision, in People v. Persolve, is an interesting discussion of the litigation privilege. Here is a good blurb in Enligsh from California Appellate…
California Debt Blog: Fair Debt Buying Practices Act to the Rescue
Debt collectors have been suing consumers for years with very little proof that the consumer owes any money. You have probably heard some of these names: Persolve, LLC, Asset Acceptance, CACH, FFIC, Midland Funding, Cavalry, etc…. In two recent cases…
California Debt Blog: Beware of Upstate New York Debt Collectors
I was doing some checking on a debt collector that left a voice mail for one of my clients. In the voice mail, the debt collector threatened to turn this matter over to the DA for a bench warrant. (That…