Debt Lawsuits

How should I dispute inaccurate information on my credit report?

I found  incorrect information on my credit report. How do I correct it?  Do I notify the creditor? Do I notify the credit reporting bureaus (TransUnion, Equifax, Experian)? Answer:  Protections under the Fair Credit Reporting Act (FCRA)  are triggered when you notify the credit reporting bureaus of a disputed credit reporting item. This means you might need to notify a specific creditor that you dispute their reporting.* (But SEE BELOW for caveat.) But, you also need to notify the credit bureaus. This is because it is the…

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I’ve been sued by a debt buyer. What should I expect?

There are a few debt buyers in California who are responsible for thousands of suits each month. With this volume of cases, the “life cycle” of a typical collection lawsuit can be predicted to some extent.   Here is what you should expect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I.  SERVICE You will be served personally with some…

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My bank account was levied to pay a judgment. Can I get the money back?

Bank levies are a very common technique creditors use to enforce judgments. If you have a judgment against you, your bank account can be levied at any time– even if you have a pending motion to vacate the judgment. There are a few ways of dealing with a bank levy. Bankruptcy stops bank levies. If you file within 90 days of the bank levy, you may be able to get back your levied funds even if they have already been turned…

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I have a judgment against me. Can my spouse’s bank account or wages be garnished to pay my judgment (in California)?

The short answer is…YES, if the wages or bank account funds are considered “community property.” In California, the law presumes that any property acquired or wages earned during the marriage belong to both spouses, regardless of which spouse did the acquiring or the earning. Property subject to this presumption is called “California community property.” This means Spouse # 1  is  generally considered to  have a “community property interest” in the wages of Spouse # 2. California law allows a judgment…

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Debt Lawsuits in California Small Claims Court: Collecting Judgments

Many debt collection cases are heard in small claims courts, where individual defendants are not permitted to have an attorney represent them. However, an individual is entitled to have an attorney represent them in small claims court after a judgment has been entered and the creditor starts trying to enforce that judgment. California CCP 116.530(a)(4). The “enforcement” procedure is the subject of this post. After a creditor sues and gets a judgment in the California small claims courts, he or she…

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Bankruptcy Lawyer Karen Ware offers bankruptcy services in the following areas: Santa Maria, Lompoc, Solvang, Santa Ynez, Los Olivos, Buellton, Santa Barbara, Ventura, Oxnard, Camarillo, Santa Paula, Fillmore, Thousand Oaks, Woodland Hills, Los Angeles, and Pasadena, California.
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"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code." This statement is required by 11 U.S.C. Section 528(a)(4). But, it does not state the full range of services our firm offers.