Claimed Lawyer ProfileQ&A
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Jurisdictions Admitted to Practice
- Western State University College of Law
- J.D. (1976) | Law
- Honors: Top 8% in graduating class
- Western State University College of Law
- B.S. (1974) | Law
- Honors: Received degree Bachelor of Science in Law
- California State Bar # 72812
- - Current
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8 Questions Answered
- Q. Will I be arrested at the airport if I fly into the country from abroad and I have a bench warrant against me?
- A: Probably not. Bench warrants for failure to appear in civil matters are low on the Sheriff's priority list. Bench warrants for criminal matters are higher on the list. You don't say why you have a bench warrant outstanding so more information is needed to give you useful advice.
- Q. If a bill is from 1999 and the water comp wrote it off in 2005, can they ask for payment of same bill in the yr 2018?
- A: Answering your question invites a discussion of the "statute of limitations". The law encourages prompt resolution of debt issues. The longer resolution is delayed, the greater the risk of harm to either party. Tennessee has established time limits on seeking the court's help in collecting a debt. If the collection process involves using the court system, the creditor/plaintiff must file the action within the time limits in TN. If the claim is not filed within the time limites, it is deemed "unenforceable". You must raise that defense or you risk losing your defense. Good luck to you.
- Q. Can I get someone to collect on a loan if it was just a verbal agreement?
- A: Yes. Verbal agreements are still considered contracts in the eyes of the law. That said, there are limitations, such as: contracts involving real estate must be writting; contracts to co-sign for a debt must be written; depending on the law in your state, contracts involving money over a certain amount must be written. The bigger problem is your being able to "prove" the terms of the contract. Absent agreement on the essential terms of the contract, (amount, payment dates, interest, etc) the court could find there was no meeting of the minds and, therefore, no contract. Then you are faced with having to proceed on other legal theories such as quantum meruit, promissory estoppel, etc. Depending on the amount and complexity, you are best served by hiring a lawyer or at least getting a low cost/free consultation with a lawyer to help you sort out your options. Good luck to you.
- Q. Can a debt collector call my work and talk to HR?
- A: Generally, debt collectors are bound by the provisions of federal law, including the Fair Debt Collection Practices Act. If they do not have your home/cell number, it is allowed for them to contact YOU at work. Talking with HR about your indebtedness is not allowed. If they contact HR it can only be for them to transfer the call to you. Some nosy HR folks may ask who is calling? or what is this about? Then, the caller cannot disclose the nature of the call but can only ask to put their call to you personally.
- Q. Is there a limit as to how high an interest fee can be for a medical debt?
- A: The amount of interest a service provider can charge is usually based on state law. Interest on loans may be lower than interest on services or goods sold. Check with a lawyer in your area. Some offer free consultations. Take them up on it.
- Q. I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to
- A: If you have any defenses to the lawsuit, you must assert them in your case or the plaintiff will win by default. Some defenses include: Statute of Limitations has passed and therefore the debt in unenforceable; you don't owe the debt because it was incurred in someone else's name and you were simply a "user" on the account; the plaintiff has no records supporting its claim to sue you; depending on the amount of the debt and the amount of other unsecured debt you owe, a bankruptcy filing can wipe out all or most of your unsecured debts. Check with a local lawyer in your area to set up a consultation to review your options. Some lawyers offer a free meeting in person or by phone to help you sort out your options. Best of luck to you.
- Q. How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?
- A: Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.
- Q. Are you able to place a lien on a worker's compensation claim in the state of Indiana?
- A: Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.
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