FAQS
I GOT SUED? WHY DIDN’T I KNOW OR BEEN INFORMED? I HAVEN’T BEEN SERVED?!
It is possible that you have not been served with a Summons yet. Check online with your local court. If you received a letter from us, the link will be at the top of the page along with the case number. You can also check at the courthouse. The reason you may not have been served yet is because we saw your information before you got served. You may be served sooner or later. If you respond or have us respond to the lawsuit, service will not be necessary. If you don’t get served, be careful; they may have served someone else (3rd party service) and mailed you. If you don’t respond to this you will get a default judgment which means you lose automatically. While a default judgment is not the end of the world, it means the creditor can begin garnishments, levies, and liens, or call you into court to face them and a judge.
I’VE BEEN SERVED WITH A SUMMONS AND A COMPLAINT. WHAT DOES IT MEAN? WHAT DO I DO?
A Summons and a Complaint means you have been sued in court. The courthouse may or may not be near you. Do not ignore the lawsuit. If you do nothing, the creditor will have a lot of power over you and your money. You can respond yourself in court be known as a “pro se defendant” or a “pro per defendant” which means a person without a lawyer. The procedures are complex and some people manage to do it on their own, although their results may not be as good.
WHAT HAPPENS IF I DON’T RESPOND TO THE SUMMONS?
You will automatically lose, fees and costs may be added, and the creditor may force you into court. You will also be subject to liens, levies, and wage garnishments.
CAN I REPRESENT MYSELF? DO I NEED A LAWYER? WHAT’S THE BENEFIT OF HAVING A LAWYER?
Yes, you can go pro se or pro per. You are not required to get a lawyer. The benefit of having a lawyer is that the lawyer does all the work, knows the complex court procedures, knows what to do with the creditors, and will go to trial for you if necessary. Attorneys can also appear in court instead of you, except at trial. The best reason to have an attorney is that we can get a great settlement and/or fight for you. Otherwise, you are on your own against professionals who know what they’re doing.
WHAT ARE THE CHANCES OF TRIAL? MUST I GO TO THE COURTHOUSE?
In our experience if you have an attorney the chance of going to trial is extremely small. Going to court and seeing a judge is routine, however. With an attorney you don’t need to go most of the time.
WILL I HAVE TO GO TO COURT AND FACE A JUDGE?
If you represent yourself, yes, there is a good chance you will face a judge. If you do nothing you will lose and face the judge after you lose, which is not a good place to be. If you have an attorney, it is unlikely the case will go to trial. In our experience less than 3 in 100 cases go to trial. If you go to trial with us, our attorneys will be with you every step of the way. For almost all our clients, they never see the inside of a courtroom.
I THOUGHT A LAWYER IS PROVIDED FREE IF I CAN’T AFFORD ONE?
In civil and collections cases you are not provided an attorney by the government.
WHAT IS “SERVICE OF PROCESS”?
It is the process by which the Summons and Complaint are served to you, basically how the documents are given to you. There are very specific rules to service. Sometime a creditor does “sewer service” meaning they don’t actually serve you so they can get a default judgment, and then they have all the power they can get over you.
WHAT IS A LIEN, LEVY, OR GARNISHMENT?
It is the process by which the Summons and Complaint are served to you, basically how the documents are given to you. There are very specific rules to service. Sometime a creditor does “sewer service” meaning they don’t actually serve you so they can get a default judgment, and then they have all the power they can get over you.
WHAT IF I ALREADY HAVE A LIEN, LEVY, OR GARNISHMENT?
A lien is a process to put a right of possession or other right onto your property; a lien on your home, for example, prevents a sale unless the lien holder is paid during the sale. A levy is the creditor taking something directly, such as money in your bank account. A garnishment is the creditor taking money directly from your paycheck; your employer would pay the creditor directly.
WHAT CAN YOU DO FOR ME? WHAT RESULT CAN YOU GET? IS IT GUARANTEED?
A lien is a process to put a right of possession or other right onto your property; a lien on your home, for example, prevents a sale unless the lien holder is paid during the sale. A levy is the creditor taking something directly, such as money in your bank account. A garnishment is the creditor taking money directly from your paycheck; your employer would pay the creditor directly.
CAN I PAY OFF THE DEBT IN INSTALLMENTS? HOW MANY MONTHS OR YEARS?
Yes, it is possible to structure payments in months or years. However, the best deals are lump sum payments of 1 or 2 months.
WILL MY CREDIT BE AFFECTED?
Maybe. Sometimes it is possible to get the creditor to put “paid in full” or other rating that will not damage your credit.
WILL I GO TO JAIL?
It would be rare to face criminal liability. It is possible if you don’t do as you are required by the court or procedures, you will face an angry judge.
CAN I PAY YOU IN INSTALLMENTS? WHAT METHODS CAN I PAY?
You can pay attorney fees in installments after the initial deposit. We accept multiple forms of online payments and by check. Representation will not start until a check clears. We do not accept cash.
DO I HAVE TO MEET WITH MY ATTORNEY? HOW OFTEN CAN I TALK TO MY ATTORNEY?
You do not have to physically meet with an attorney, though of course you can make an appointment. We ask that you have read this FAQ and have questions we have not answered. A first “meet and greet” is encouraged but not required. To keep our costs low we ask that attorney interaction be kept to a minimum–your attorney should be busy working on your case.
YOU SAID I MAY NOT HAVE TO PAY COURT FEES WITH A FEE WAIVER. WHAT IS IT? HOW DO I QUALIFY?
Use this link to see if you qualify: http://www.courts.ca.gov/documents/fw001.pdf. A fee waiver allows you to not pay the court fees because you cannot afford it.
WHAT DOCUMENTS SHOULD I GET? WHY?
You must gather ALL your financial documents such as utility bills, taxes (2015, 2014, 2013, 2012), loan documents, car leases, pay stub, etc. You must organize them by type and date. When we ask for them please have them ready.
DO I NEED TO SEE A LAWYER TO START MY CASE? CAN I WALK IN?
You can start your case without seeing a lawyer if you wish. You must still read the FAQ, sign the retainer, and pay the fees. You can walk into our office at any time though our attorneys may be in court or handling other matters. If you wish to see an attorney an appointment is best.
WHAT IS AN H-1B WORK VISA?
An H-1B visa allows a professional to come to the United States to work temporarily in a specialty occupation. The position is considered a specialty occupation if it requires a Bachelor’s degree or higher and specialized knowledge. A U.S. employer is required to file a Labor Certification Application with the Department of Labor before hiring an H-1B worker and submit the certified application (“LCA”) with the USCIS along with H-1B petition.
