Legal Question in Credit and Debt Law in California

My account had a legal hold put on it by Neuheisal Law Firm. PC Debt Collector:CACH,LLC....They took everylast penny out of my account. They never notified me about a court date and they recieved the judgement against me. I am worried because I tried to call and talk to them about this matter and told them that i was side swiped. They said not there problem and they will continue to even take money from my Husband or however they need to get every penny from me. I am so worried and mad that I was not even told about this. I would have gone to court to protect myself.


Asked on 7/12/10, 7:23 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You need to take this step by step.

1. go to court and look up your entire file;

2. look to see if there is a proof of service form and whether you can show that anything of significance is wrong

3. did the documents showing the court date have a proof of service attached [after the summons and complaint delivered, service can be by sending it to your mailing address]

4. was there any evidence produced that you can show is wrong

5. if it was a Small Claims suit was a payment demand made on you

6. did you have any insurance coverage; if you notified them before they should have given you an attorney to handle the case; if you did not notify them, see if they will help you now. Point out to them that the duty to defend you [give you an attorney to fight the case] is different from their duty to pay the damages [they might not have to pay because you waited an unreasonable time to notify them]

7. if the other driver has insurance, contact his insurance to make a claim; you must file suit within 2 years of the date of the accident

8. get a copy of the police report if one was made

9. find out from your bank what papers were served on them to get the money out of your account and why they never notified you.

10 see if it is a joint account or not

11. move any money you have with that bank or that the law firm might know of to another bank.

12 if any of the above are in your favor, write to the law firm telling them your side of the story and what is favorable and that they should immediately stop their actions against you

13 re-post your questions of this site with the additional information or call me at 510-441-2684 and I will speak with you at no charge for about 15 minutes. If you are going to call me, it would help to first e-mail me with the information you got from the above steps.

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Answered on 7/12/10, 12:39 pm


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