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New Collection Legal Questions - California

If I had a notice of levy on a bank account, should I file a claim of exemption with the levying officer/Sheriff even though I only have SS benefits in my account?

Although you are right that the social security benefits are protected and exempt under the law with regard to collection, you still should file the claim with the Sheriff (or whom ever is the levying

M.T.G., Member, New York Bar answered 1 day ago

If I loaned an individual a money but the check was made out to his company, can file for company bankruptcy without being held responsible to pay me back?

What did the contract say? That is critical. If you paid the money to the company, then, in the absence of a contract, the assumption would be that the loan was to the company,  not him personall

SJZ, Member, New York Bar answered 1 month ago

What to do if I have a dispute with a previous homeowner who sold me his house with a broken water heater?

You can claim the time you missed from work as part of your damages in the intended small claims action that you wish to bring against the seller of the home you bought over the water heater issues. T

E.M., Member, California Bar answered 3 months ago

How do I stop a company from garnishing my wages?

The various ways to stop the garnishment of your wages for a judgment owed are as follows: 1. pay off what is owed and get a full satisfaction of judgment by the judgment creditor and file it with th

E.M., Member, California Bar answered 3 months ago

If I'm at default on my federal student loans for which I'm now being garnished for weekly and I have a personal injury settlement coming in, will my settlement award be garnished in full?

No, it will not.  Generally speaking, proceeds from a personal injury settlement are exempt from garnishment in California but you need to file an exemption claim in a timely manner.  State

M.T.G., Member, New York Bar answered 3 months ago

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