Archive for May, 2010

Setting Aside Judgment

May 27th, 2010

If you find out one day that a creditor has obtained a judgment against without your knowledge, the first thing you need to do is get a copy of the Judgment. The Judgment will give you the case number and the court the case was filed in. In Los Angeles county with that information you can go to the court’s website and see all the documents filed in your lawsuit.

Most likely what happens is that they filed a lawsuit against you, some how got serve against you without you knowing about it, file for a default and submit a 585 declaration to prove their case, and the court entered a judgment against you.

You should go to court and get a copy of the complaint, proof of service, 585 declaration, and the judgment so that you can file a motion to set aside the judgment based lack of notice.

Most court will probably grant your motion because judges want to give you your day in court to defend your case. If the motion is grant, the judgment is erase and you get to defend yourself in court.

The threat of filing a motion to set aside a judgment can also be used as a bargaining chip to settle the case.

Filing the motion is something that you can do or hire an attorney to do.

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Posted in Collection, Information, Judgment, Motion

Credit Card Debt Help

May 20th, 2010

Is a collection agency threatening to sue you on a credit card matter that you owe money on? Here are somethings that you should check. When you receive a letter from the collection agency or especially from an attorney, check to see who the attorney claims he or she represents. If the attorney says that they are representing someone other than the credit card company then that means that your debt was probably sold to someone else.

That could be potential good news for you because if your credit card company sold your debt to someone else, the new owner of your debt will have a tough time to prove their case if you file an Answer to a lawsuit they file. That is right. If they sue you, just file an Answer. If you file an Answer, they will not be able to prove their case at trial unless they can get a witness from the credit card company, which is unlikely because the credit card company has sold your debt. When they sell your debt they will only provide the buyer with a declaration that the buyer can use to prove their case if you don’t file an answer.

If an answer is filed, the buyer has no one who can authenticate the documents that prove your debt. At trial you can ask the court to rule in your favor.

If you are not sure what to do or need an attorney who can walk you through the process, contact our office and ask for Don Sakaida. My phone number is 310-473-9153. I can see if your case qualifies for these situation and we can go from there.

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Posted in Collection, Credit Cards, Information

Judgment Enforcement

May 4th, 2010

There are many people and companies out there that have spent a ton of money hiring an attorney to sue someone or another company due to a business dispute, a violation of one’s intellectual properties rights, for violations of employment practices, or whatever the case may be. After this long protractive fight, you manage to get the judge or jury to award a judgment in your favor. Upon getting this award, you were elastic.

Your lawyer sent you his last bill and you are left with a piece of paper that you have won x amount of money against Y, the your arch nemesis. Your lawyer has bill you for a ton of money for all the work that he has down. AFter the cases is over he is devoid of any real suggestions on how you can collection or enforcement this judgment. In a way he kinda just sneaks away knowing that he has billed you for a ton of money for a piece of paper that is of no real worth unless you can collect on it.

Well if you are in this predicament then you need to find a collection attorney who specializes in judgment enforcement. They are the only real individuals that can help you turn that piece of paper into real cash. Don’t waste your time because a collection will only charge you more and then go to the attorney for help. Go straight to the attorney and you will save more money in the long run and guarantee that you get more money.

These attorney have a full understanding on how to enforce judgments. They can find assets, place liens, levy bank accounts, place keepers, and so much more. Its the only way that you will be able to enforce your money judgment into some call hard cash. It might even help pay off the attorney fees that you sent to win your case in the first place.

If you need our recommends, Google “sakaida & bui” and you will find a judgment enforcement law firm that will serve you in the Southern California. They will even give you a free consultation. Just send them your judgment and what information you have on party that the judgment is against. Good luck.

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Posted in Collection, Information, Judgment