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?


Asked on 6/29/10, 3:32 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 6/30/10, 8:56 am


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