Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

TO Esq. NEW QUESTION: The case was closed 30 days ago and my…

Customer Question
TO Phillips Esq. NEW QUESTION...
TO Phillips Esq. NEW QUESTION: The case was closed 30 days ago and my attorney has begged off, leaving me alonere to deeal with the collection issues. I received a letter from the contractor today stating that the 30 days to appeal are up and asking me to pay him. I was under the impression that I was going to be served with something from the court, following the Judge's decision. Am I incorrect? What is the process that the contractor has to go through to attempt to collects hi9s money? I have no assets for him to take, aside from liening my condo. Can you take me through the timeline of what to expect next? Is the court or someone going to serve me with a legal document finalizing the judgement, or was the judge's decision all the notice that I am going to get? Is this the time to file notice with the sheriff that my bank account is exempt? When do I file the "list of assets" form? Do I need an attorney to file it with the court, or can I just mail it to the contractor? The net of this is that he will have to wait until my condo changes hands after my death to collect his $25K. He will not like this idea!
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 11 hours by:
3/31/2016
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 21,672
Experience: B.A.; M.B.A.; J.D.
Verified

I will open your post up to other Attorneys on the site because I do not have the answer to ALL your questions.

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
I am, only interested in responses from attorneys in California. Thank you.
Consumer Protection Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,884
Experience: Retired
Verified

Hello again,

You asked for a different contributor, not licensed in California (to my knowledge). You asked:

I was under the impression that I was going to be served with something from the court, following the Judge's decision. Am I incorrect?

A: A creditor can send a demand letter. Or, the creditor can seek a writ of execution from the court clerk, and have the sheriff serve you with a notice of levy.

What is the process that the contractor has to go through to attempt to collects hi9s money? I have no assets for him to take, aside from liening my condo. Can you take me through the timeline of what to expect next? Is the court or someone going to serve me with a legal document finalizing the judgement, or was the judge's decision all the notice that I am going to get?

A: There's no timeline, because it depends on what the creditor wants to try as a means for collection. The typical method is to either have the sheriff execute against specific property of the debtor, or to garnish the debtor's wages, if he/she is employed. In either case, your options will be displayed on the notice of levy.

There is also the possibility that the creditor will serve you with a notice to appear for a judgment debtor examination. This is an interview, taken under oath, where the creditor tries to get you to tell you what assets you have and where they are located. Your attendance is required. Failure to appear will result in a bench warrant being issued, and if you ignore the warrant, you will be arrested and brought before the court. Better to just show up for the exam, if it happens, and "not recall" the answers to questions, if you don't know the answers for certain.

Is this the time to file notice with the sheriff that my bank account is exempt?

A: No. See above.

When do I file the "list of assets" form?

A: After you receive the notice of levy.

Do I need an attorney to file it with the court, or can I just mail it to the contractor?

A: You can file it with the court yourself, or you can hire a lawyer.

The net of this is that he will have to wait until my condo changes hands after my death to collect his $25K. He will not like this idea!

A: Well, that's how the cookie crumbles. You may want to consider filing Chapter 7 bankruptcy, to get rid of the creditor. Or, you can wait out the 10-year judgment term, and hope that the contractor doesn't file to renew for another 10 years.

PS. Because you asked me a previous question and paid full price, I am answering your new question here. I don't ordinarily answer subscription questions because the remuneration is less than minimum wage for the effort involved. If you have additional questions, please open a new Q&A session for each, so that I can afford to devote the necessary time to provide a competent answer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
No, I asked for a Consumer Protection Lawyer licensed to practice in California, to reaspond to my question.At this point, I am requesting that a different attorney respond to my question.
1. I have received a letter. Do I need to respond?
2. Do I send in the Exemption Form to the Sheriff now in order to protect my bank account, or do I have to wait until a freeze is placed on my account and then fight to unfreeze my money?
3. I have no need to file for bankruptcy. I only have one asset, no bank accounts, my income is exempt and I have nio vehicles. All that I have is a condo, which I have a mortgage and HELOC, meaning his lien would be in the thord position. He cannot foreclose. The condo will be transferred to a relative who will assume the mortgage after my death. I have directed that it not be sold for 21 years, which exceeds this crook's collection period. Is there anything else that I need to know about?Since you do not feel adequately compensated, please send my questions to a different attorney.
Consumer Protection Lawyer: socrateaser, Lawyer replied 2 years ago

Customer service asked me to assist, believing that you wanted me to answer. I will reopen the question for anyone else who wishes to assist.

I regret your dissatisfaction. Best wishes with your legal difficulties.

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
I am happy to rate you so that you are compensated; however, I'm not going to focus on your compensation issues.
Consumer Protection Lawyer: socrateaser, Lawyer replied 2 years ago

I need customer service to opt me back into the question, before I can answer. Thanks in advance for your patience.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: socrateaser, Lawyer replied 2 years ago

Hello again, I can't get any attention from customer service. I'll just answer your questions, and if you can figure out a way to get me paid, great -- if not, I'll chalk it up to good karma.

1. I have received a letter. Do I need to respond?

A: No.

2. Do I send in the Exemption Form to the Sheriff now in order to protect my bank account, or do I have to wait until a freeze is placed on my account and then fight to unfreeze my money?

A: No. Because the sheriff doesn't know who you are, until the officer receives a writ of execution from the creditor.

3. I have no need to file for bankruptcy. I only have one asset, no bank accounts, my income is exempt and I have nio vehicles. All that I have is a condo, which I have a mortgage and HELOC, meaning his lien would be in the thord position. He cannot foreclose. The condo will be transferred to a relative who will assume the mortgage after my death. I have directed that it not be sold for 21 years, which exceeds this crook's collection period. Is there anything else that I need to know about?

A: Nope. I think you have it all figured out.

Best wishes, and I hope you outlive the judgment in a happy and healthy manner.

Thanks again for using Justanswer!

Ask Your Own Consumer Protection Law Question
Customer reply replied 2 years ago
Thank you. I will call customer service in the morning for you. How muchy do you want to be paid?
Consumer Protection Lawyer: socrateaser, Lawyer replied 2 years ago

I will leave the amount to your discretion. No worries, either way.

Ask Your Own Consumer Protection Law Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,884
39,884 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I recently found out my checking account has some
I recently found out my checking account has some transactions that were not initiated by myself. Are there any consumer protection laws that assist me?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
I have a question about a vehicle mechanic lien. California.
hi I have a question about a vehicle mechanic lien … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
Toyota of Dallas sold me a Camry they didn't even have the
Toyota of Dallas sold me a Camry they didn't even have the title for. Now they are coming for the car saying I didn't have the right to take the car. I have the paperwork saying otherwise and I have t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have purchased a cell phone and it is locked to
I have purchased a cell phone and it is locked to tracfone.Tracfone refuses to unlock the phone because they said that I have a lon-term contract. … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
I would like to know if a motorcycle dealership is required
I would like to know if a motorcycle dealership is required to disclose prior damage to a bike or any repairs that were made to a buyer? Let's say I purchased a bike for 24K that had 9K worth of repai… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,672 satisfied customers
Do you have any info on: GS and GD Business Solutions, LLc.
Do you have any info on: GS and GD Business Solutions, LLc. located in Valley Cottage, NY? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I live in Massachusetts, and I had my Truck repaired at
I live in Massachusetts, and I had my Truck repaired at Nissan but they broke the console in my Truck and they will pay for damage because they say it was caused by how old the truck is. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
I just got sued by LVNV. If I pay the attorney whats owed
I just got sued by LVNV. If I pay the attorney whats owed will the lawsuit automatically get dismissed? or do I need to have anything in writing? I wasn't served yet… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I got sued by LVNV. If I pay the plaintiff attorney the
I got sued by LVNV. If I pay the plaintiff attorney the amount owed will the lawsuit automatically get dismissed? Or do I need anything in writing?… read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I had verizon e-mail. They went out of business and switched
I had verizon e-mail. They went out of business and switched me to AOL. I'm trying to cancel AOL because I switched everything at my home to comcast. Contacted support for AOL and they said it would c… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
We reserved an RV spot at Dakota Ridge RV Park in Golden, CO
We reserved an RV spot at Dakota Ridge RV Park in Golden, CO on February 9, 2018 at 11:42 a.m. foe 6/09/2018 to 09/01/2018. We were required to pay 1/2 of 1st month in the amount of $999.75 and $100 f… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
I hired contractorsto finish house. I paid them75% and they
I hired contractorsto finish house. I paid them75% and they left saying i was making and did not finish. Can i go to court and collect everything i paid them or more if i have to hire someone else? Ca… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
My california identification was posted on facebook with
my california identification was posted on facebook with threats and statements that they were in my vehicle removed my wallet and took my money i have printed out all posts can i get a restraining or… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,672 satisfied customers
Law Educator Only Law Educator, Thank you for taking time to
Law Educator OnlyGood Afternoon Law Educator,Thank you for taking time to review and respond to my queries for educational purposes only.If it is clear that a judicial administrator is not basing any … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I get new semi when it 130000 miles the engine light on
I get new semi when it 130000 miles the engine light on check engine light on it will shutdown the engine won't start again so I need tow the truck to Freightliner Houston fix it take two day and chan… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a normal thing to require full payment for services...
Is it a normal thing to require full payment for services... … read more
RGMacEsq
RGMacEsq
Lawyer
Doctoral Degree
582 satisfied customers
I am a landlord and my tenant pays with money orders. The
I am a landlord and my tenant pays with money orders. The money order he mailed and learned it was cashed. The photocopy of the order shows it was made out to me but someone else signed the back and c… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
We signed a contract, put down a $500. The contact also
We signed a contract, put down a $500. The contact also states will put down $25,000 which has not been done yet. We have not taken delivery of the motor home. contract signed at 7:30pm Saturday. Can … read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x