California law on debt collection finally has teeth. Under new California law, a creditor must allege that the statute of limitations has not run when it files a lawsuit. No more suing on long-dead debt and winning unless the consumer files an answer and pleads the statute of limitations. No more collectors relying on consumers […]
The Essential Step To Get Your Day In Court
When you’re sued on an old debt, it’s easy to imagine appearing in court to tell the judge your side of the story. You imagine the judge considering your argument and challenging the other side to prove otherwise. It’s a comforting image, but it will never happen if you haven’t taken the first step in […]
Does THIS Violate My Bankruptcy Discharge?
When creditors contact you after your bankruptcy, you need to know what actions violate the discharge, and which are permitted by law. Having been through the financial wringer and having been proactive to get out from under old bills, you hope for a tranquil and prosperous life after bankruptcy. When creditors violate the discharge, they […]
Ignoring a Lawsuit Against You Is Seldom Ends Well
How do you ignore a lawsuit and expect a good outcome? Yet twice in the past few months, individuals have come to me with judgments outstanding. That’s not noteworthy; after all, I’m a bankruptcy lawyer. We deal with unpaid judgments. But both of these men explained the situation this way: the claims of the lawsuit […]