Google is running a new ‘research’ engine called Google scholar. Still currently in beta it appears to have some great legal resources available. You might want to take a look.
Click on this link: http://scholar.google.com/ to give it a test drive.
If you suspect that a creditor may be planning to sue you, do not wait for “proper service”. Unfortunately you may not know what is “proper service” of a lawsuit. Also a disreputable process server may lie about having given you court papers, when in truth you never received them. Always give your creditors an updated address or they may serve a “John Doe” at your old apartment address, claiming he is your room mate. And guess what, that guy is just going to throw your court papers away.
I think if you are worried about being sued, it is much better to go on line periodically and check the local court house web site to search for your own name under parties to a civil lawsuit.
Otherwise, you might be shocked to discover that a case is proceeding to judgment that you did not even know about. If so, you need to act quickly. The law does not protect those people that sleep on their rights.
Here is an example how to find you local court web site. If you live in Orange County you would google “Orange County Superior Court”. When the court web site appears, then look for “on-line services” or “civil”. (You might want to check out your traffic tickets while you are there.) Look for a the link to “civil case” “party name”. Once you found any case with your name on it, you want to click on it and try and print the docket— which is a list of papers that have been filed in that particular case. Search the docket especially for “proof of service” or “request to enter default” which is a big clue that someone is claiming to have served you and is proceeding to judgment without your knowledge.
As soon as you discover a case you do not know about it is best run immediately to the clerk’s office of the court house and get copies of everything and call a lawyer. Timing is everything. Do not wait! Setting aside defaults can be difficult, if not impossible if you wait too long.
Many counties are starting to charge a nominal amount for name searches and in others (like Orange Co) it is free. Copies of some case files ( like some unlimited jurisdiction lawsuits filed in the Central District in Los Angeles Superior Court) can be purchased on-line without a trip to the court house.
Most people do not realize that credit card companies have set them up to fail. Many creditors want you to go over limit or be late on a payment so that they can charge you over limit fees and late fees and increase your interest rate. That is how they make the most money. That is why many companies will give you two $500 limit credit cards instead of one card with a $1000 limit. The two cards gives them two chances to charge you over limit fees and two chances to assess late fees. These fees can rapidly turn $1500 worth of credit card purchases into a $5,000 + obligation accruing interest at 29.99% .
Despite layoffs or health problems, many people have struggled and sacrificed to make their credit card payments but nevertheless have faced unfair and inexplicable interest rate increases which prevented them from making their minimum payments. Next comes the charge off on their credit report and their debt is sold to a series of nasty debt collectors. The harassment of collection calls and letters can be almost unbearable. All the brow beating and harassment is designed to make a person feel hopeless, and helpless and to give up and pay this unfair unsecured debt before more important payments, like taxes and critical living expenses.
A person may or may not find out that a debt collector is proceeding with a lawsuit against him or her related to that old credit card. They may feel paralyzed or trapped in the debt.
But there are many legitimate ways to fight a credit card lawsuit. You do not have to just give up. Consumer protection attorney Aurora Dawn Harris has a heart for those who are economically oppressed. She will aggressively fight for your consumer rights.
Use the contact form at this link to get in touch with Aurora Dawn Harris.
EFFECTIVE DATE: October 11th, 2009
SIGNED: October 11th, 2009
Senate Bill 94 prohibits any person — including a real estate licensee or California attorney — from offering or negotiating “foreclosure rescue” or “loan modification” services where an advance fee is charged before performing all services provided in the contract. The law also requires written notification be included in the contract to inform homeowners that the services of these intermediaries are not required.
California Notaries and Signing Agents have been asked to accept assignments from foreclosure rescue and loan modification companies seeking to intervene between a homeowner and lender by providing services to renegotiate a mortgage or to postpone or preclude foreclosure. Because the new law prohibits the collection of any type of advance fee by a foreclosure rescue company, California Notaries and Signing Agents should not agree to perform an assignment that asks the Notary or Signing Agent to obtain a check for advance fees.
Foreclosure rescue companies are also prohibited from taking a power of attorney from a client.
Attorneys General across the nation are warning Notaries not to accept work from “Mortgage Rescue” firms.
View the text of the law, details about the changes and an NNA analysis here here
SUMMARY: If you are asked by anyone to pre-pay for services regarding the renegotiation of your mortgage, don’t. It is now illegal in the State of California to require such a payment.
Hello,
My name is Aurora Dawn Harris and, in addition to being the proprietor of The Honest Lawyer I am an attorney who specializes in consumer debt protection and general consumer fraud cases.
Please visit my web site and blog at The Harris Law Firm.
If you have inquiries about any matter, please use the Contact Form or call me at my office number: 714-288-0202.
ADH