Legal Question in Credit and Debt Law in California
I have a court order for an active duty member to pay me money owed to me but cannot collect on it. What can I do to make him pay the money owed to me?
1 Answer from Attorneys
Have you read the Servicemember's Civil Relief Act? If you have, and your action is stayed as a result of that law, then you are stayed, meaning you can do nothing to try and collect it. This law has a lot of conditions, and may or may not apply to the debt you are trying to collect. I would suggest that you need to review the matter with an attorney carefully, as many factors influence whether or not you are truly stayed from collection, including when the debt was incurred, what the debt is for, etc... The law is far too complex to analyze here, and there are not sufficient facts in your post to know if you are covered by the law or not, so I suggest you buy a couple of hours of a local attorneys time to review this in more detail, and determine what you may and may not do under the SCRA.
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