Legal Question in Credit and Debt Law in California
a dept. collector has threats and I made all attempts to resolve , reckless, mulish feverous, harassing was never served properly to attend court hearings, now a renew judgment with a write of Execution is in play.
2 Answers from Attorneys
If there is a judgment, you need to try and set aside the judgment if you were not served properly. If it is a renewal of judgment, you may not be able to fight that one since a judgment is in place. Harassment may be a violation of federal law, there may be some claims. You need to be ready to prove the claim. The real question is do you owe money, and what will be the strategy to pay. You should discuss this with an attorney.
There are potential fair debt collection causes of action. Bankruptcy is often the most time- and cost-effective means to stay or void a judgment and permanently eliminate the underlying debt, which means the harassment would swiftly vanish.
This answer (as well as our Web site) by San Diego Bankruptcy Attorney, Asaph Abrams doesn�t address all facts & implications of the question; it�s general bankruptcy info, not legal advice to be relied upon. The answer creates no attorney-client relationship; it may be pertinent to CA bankruptcy law only and certain facts may be relevant to the San Diego Bankruptcy Court only. The answer is independent of other attorneys' answers. Seek legal counsel before acting on or refraining from bankruptcy- or other legal-action. Laws are subject to change and local practices vary.