Debt Collection - How to collect - How to avoid paying

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Debt Collection and Foreclosure
A list of approved housing counseling agencies in California is available from the U.S. Department of Housing and Urban Development, as well as consumer guides such as Help for Homeowners Facing the Loss of Their Home and How to Avoid Foreclosure. See a list by county of California "Legal Agencies - Legal Aid Societies" that provide free legal advice, representation, and other legal services in noncriminal cases to the economically disadvantaged.

The federal Fair Debt Collection Practices Act requires that debt collectors treat people fairly and prohibits certain methods of debt collection. Similarly, the California Fair Debt Collection Practices Act outlines the responsibilities of collectors and debtors, as well as penalties.

Debt Collection Statue of Limitations

Suze Orman's links on Debt Management - sorry, I wasn't able to give you a direct link - click thru and you should be able to find it.

Consumer & Small Claims
Bankruptcy,
Debt Collection,
Taxes, Loans, Utilities Law Help.org

Enforcement of Judgement SCU Law School Website

Court Self Help - Enforcing a Judgement

courtinfo.ca.gov/

Garnishment

courtinfo.ca.gov/

How do I collect from the debtor's wages if he or she is employed?
You can get an Earnings Withholding Order to garnish the debtor’s wages until you are paid. You have the right to collect up to 25% of the amount over the federal minimum wage that the debtor earns (as long as it is not exempt under other rules).

Ask the court to issue a Writ of Execution (form EJ-130). Click here to learn how to ask for a Writ of Execution.

Prepare an Application for Earnings Withholding Order (form WG-001courtinfo.ca.gov/).

Hire a process server or the sheriff/marshal to serve the employer with the necessary papers for the wage garnishment

The process server or sheriff/marshal will usually fill out the Earnings Withholding Order (form WG-002) using the information from the Writ of Execution. But you may have to fill it out yourself. This form has instructions in the back for the employer explaining how much money to garnish from the debtor’s wages.

The process server or sheriff/marshal must also serve the employer with the Employer’s Return (form WG-005) and Employee Instructions (Wage Garnishment) (form WG-003). You may have to provide these forms to the process server or sheriff/marshal.

The debtor has 10 days to file a Claim of Exemption. Click here to learn about Claims of Exemption for wage garnishments.

Check with the Family Law Facilitator or sheriff/marshal http://www.calsheriffs.org/for more information.

Family Law Facilitator

Long Beach

South District

415 West Ocean Boulevard

Room 43B

Long Beach, CA 90802

(562) 491-6432

Application for Writ of Execution

lasuperiorcourt.org/

Family & Criminal Law Law Offices of Jose Medina, Esq

Attorney Referrals

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