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Question

I need representation for a civil case a against me. This is a 4 year old credit card debt, which I have offered to repay a year ago. The plaintiff's attorney refused the money and now wants
even more to satisfy his own expenses

Submitted: 75 days and 1 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: California

Already Tried:
Sent a cashier's check over the remaining balance after 1/2 was satisfied through a lien he put on my account. A year later he wants to take me to court for interrogatory hearings

Posted by Jagcorps_esq 75 days and 1 hours ago.

Answer

We can't represent you here. It violates the rules of the site. We can only answer questions.

Your best bet would be to contact a local law school to see if they have a "senior certified" law student program, which allows third year students to represent you in a case (for cheap or free).

Or you can call the state bar association and ask to be placed on their volunteer lawyer's list or ask for a reference for low fee/pro bono attorneys.

75 days and 1 hours ago.

Reply

I know that you can't represent me.
I guess my question is if the plaintiff's attorney has any legal right to claim more after I have tried to satisfy the entire debt many months ago via a cashier's check which was sent back 3 weeks after it arrived. Any attempts through me and my legal rep at the time to find out how to further proceed remained unanswered.

Posted by Jagcorps_esq 75 days and 1 hours ago.

Answer

Yes. In debt collection, when you send money they can accept it and still go for whatever they have a legal claim to.

They can also reject what you send and seek action in court. They aren't obligated to take what you send them and their rejection of it does not negate their claim.

72 days and 11 hours ago.

Reply

Is there a time frame to this? The issue has been going on for almost 4 years?
And there was more then a year between now and the last action taken and does it work at all in my favor that I have attempetd to pay the full amount owed at the time??

Posted by Jagcorps_esq 72 days and 11 hours ago.

Answer

There is a time limit called a statute of limitations, but that generally runs from the last payment made or acknowledgement of the debt.

In California, that limitations period is 4 years from the last breach (or last payment after your original breach).

But you said that he "put a lien" on your account? If that's the case, then there is already a judgment, which has a much longer period of limitations. (Ten years which is renewable for another 10 years).

Edited by Jagcorps_esq on 9/11/2009 at 8:49 PM

72 days and 10 hours ago.

Reply

Thanks, one final question before I ACCEPT, in general what is the gain here? I am trying to figure out how to put a stop to this ( we are talking maybe 2000 dollars worth of
claim) which I am willing to pay immediately.
Thanks for your answers. They were very helpful.

Accepted Answer

What do they have to gain?

They can try to claim attorney's fees and interest over the last 4 years. (10% in California). The attorney's fees they probably won't get, but some of the costs (of filing and some paperwork) they can get.

To stop this, your best option is negotiation up front. They are absolutely going to get the full amount of the claim $2000, plus the cost of filing $50, plus their interest (which is statutory). Just compounding the $2000 once annually at 10% is $2928.20.

Add the $50 filing and another $100 in costs and that's what they have to gain.

Accepts:
Expert:	Jagcorps_esq
Pos. Feedback:	100.0 %
Answered:	9/11/2009

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Question

I need representation for a civil case a against me. This is a 4 year old credit card debt, which I have offered to repay a year ago. The plaintiff's attorney refused the money and now wants
even more to satisfy his own expenses

Optional Information

State/Country relating to Question: California

Already Tried:
Sent a cashier's check over the remaining balance after 1/2 was satisfied through a lien he put on my account. A year later he wants to take me to court for interrogatory hearings

Answer

Reply

Answer

Yes. In debt collection, when you send money they can accept it and still go for whatever they have a legal claim to.

They can also reject what you send and seek action in court. They aren't obligated to take what you send them and their rejection of it does not negate their claim.

Reply

Is there a time frame to this? The issue has been going on for almost 4 years?
And there was more then a year between now and the last action taken and does it work at all in my favor that I have attempetd to pay the full amount owed at the time??

Answer

Reply

Thanks, one final question before I ACCEPT, in general what is the gain here? I am trying to figure out how to put a stop to this ( we are talking maybe 2000 dollars worth of
claim) which I am willing to pay immediately.
Thanks for your answers. They were very helpful.

Accepted Answer

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Have your own Legal question?

Related Law Topics:

Question

I need representation for a civil case a against me. This is a 4 year old credit card debt, which I have offered to repay a year ago. The plaintiff's attorney refused the money and now wants even more to satisfy his own expenses

Optional Information

State/Country relating to Question: California Already Tried: Sent a cashier's check over the remaining balance after 1/2 was satisfied through a lien he put on my account. A year later he wants to take me to court for interrogatory hearings

Answer

Reply

Answer

Yes. In debt collection, when you send money they can accept it and still go for whatever they have a legal claim to.They can also reject what you send and seek action in court. They aren't obligated to take what you send them and their rejection of it does not negate their claim.

Reply

Is there a time frame to this? The issue has been going on for almost 4 years?And there was more then a year between now and the last action taken and does it work at all in my favor that I have attempetd to pay the full amount owed at the time??

Answer

Reply

Thanks, one final question before I ACCEPT, in general what is the gain here? I am trying to figure out how to put a stop to this ( we are talking maybe 2000 dollars worth ofclaim) which I am willing to pay immediately.Thanks for your answers. They were very helpful.

Accepted Answer

Related Legal Questions

I need representation for a civil case a against me. This is a 4 year old credit card debt, which I have offered to repay a year ago. The plaintiff's attorney refused the money and now wants
even more to satisfy his own expenses

State/Country relating to Question: California

Already Tried:
Sent a cashier's check over the remaining balance after 1/2 was satisfied through a lien he put on my account. A year later he wants to take me to court for interrogatory hearings

Yes. In debt collection, when you send money they can accept it and still go for whatever they have a legal claim to.

They can also reject what you send and seek action in court. They aren't obligated to take what you send them and their rejection of it does not negate their claim.

Is there a time frame to this? The issue has been going on for almost 4 years?
And there was more then a year between now and the last action taken and does it work at all in my favor that I have attempetd to pay the full amount owed at the time??

Thanks, one final question before I ACCEPT, in general what is the gain here? I am trying to figure out how to put a stop to this ( we are talking maybe 2000 dollars worth of
claim) which I am willing to pay immediately.
Thanks for your answers. They were very helpful.