Legal Question in Civil Litigation in California

Trying to Find Previous Answer to Question and the Attorney Who Contacted Me

I asked about collecting (getting a judgement) on a $50,000 loan that has been defaulted on. This loan has the person's house attached as collateral.

An attorney contacted me - and I am hoping that again he will contact me - stating a fee for filing.

I had a computer crash and lost the information.

Been told this is a simple case of filing for a judgement due to the default. Can someone help me?

Thank you. DJW


Asked on 1/29/02, 2:04 pm

4 Answers from Attorneys

Re: Trying to Find Previous Answer to Question and the Attorney Who Contacted Me

You have to "prove up" your damages through testimony presented to the Court with whatever supporting evidence you like. It is "possible" to do this in writing without testifying in person but it will depend upon the court and whatever information you have.

After you obtain the judgment you will still need to try to collect it. The debtor is not obligated to just pay up.

If you want to discuss this matter you can call me.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557

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Answered on 1/29/02, 2:31 pm
Larry Rothman Larry Rothman & Associates

Re: Trying to Find Previous Answer to Question and the Attorney Who Contacted Me

I assume that you live in GA and the debt was incurred or the debtor lives in California. A lawsuit would have to be filed and a judgment obtained. I may have answered your previous message. Our firm takes cases such as this on a contingency, task, hourly, or combingation basis. I would be happy to provide you with free consultation if you fax me your documentation to 714 363 0229.

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Answered on 2/01/02, 5:28 am
Wayne Smith Wayne V. R. Smith

Re: Trying to Find Previous Answer to Question and the Attorney Who Contacted Me

It sounds like you do not have a judgment, but you have attached a house or have some kind of a lien on the house. Is this CA, and is this a Deed of Trust? If so, you may be able to foreclose on the mortgage to collect. Depending on the value of the property and your paperwork, this may be the cheapest and fastest remedy, particularly because debtors usually find a way to pay when confronted with losing their home.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

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Answered on 1/30/02, 12:04 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Trying to Find Previous Answer to Question and the Attorney Who Contacted Me

You must obtain a judgment from a defaulted loan. That requires a filing of a complaint. Accounts stated and breach of contract. Call me directly at (619) 222-3504.

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Answered on 1/30/02, 12:17 am


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