Bankruptcy & Debt

To sue a debt collector for harassment in California Small Claims Court, you must gather evidence, file a "Plaintiff's Claim" form (SC-100) with the court, and formally serve the documents on the debt...

To add a forgotten creditor, you must file an amendment to your bankruptcy schedules with the court and notify the creditor. This ensures the debt is included in your bankruptcy and can be properly di...

To convert a Chapter 13 bankruptcy to a Chapter 7 in California, you must file a formal notice with the court and provide updated financial information. The process changes your case from a long-term ...

To respond to a creditor's objection, you must file a formal written response with the bankruptcy court and prepare to defend your claimed exemption at a court hearing. Failure to respond will likely ...

In California, a co-signer is fully and equally responsible for the entire loan amount if the primary borrower defaults. The creditor can legally pursue you for the full debt, just as if you were the ...

To negotiate a pay-for-delete agreement, you must get the collection agency to agree in writing to remove the negative entry from your credit report in exchange for your payment. This agreement must b...

To resolve fraudulent debts from identity theft in California, you must file official reports and then use those reports to formally demand that creditors and credit bureaus remove the fraudulent info...

In California, the deceased person's estate is responsible for their debts, not the family personally. If the estate's assets are insufficient to cover all debts, some debts may go unpaid. Here is ho...

Under a Chapter 13 plan in California, your primary obligation is to make a single, consistent monthly payment to a court-appointed trustee for a period of three to five years. These payments are then...

To formally dispute an incorrect item on your credit report from California, you must send a detailed dispute letter via certified mail to the credit bureau reporting the error. This action legally re...

You file for bankruptcy in the federal district court where you have lived for the majority of the past 180 days. For San Diego County, this is the Southern District of California; for Sacramento Coun...

Properly notifying your creditors is a critical duty in bankruptcy, but the court handles the initial mailing. You are responsible for providing the court with a complete and accurate list of all your...

You use California's "wildcard" exemption by first selecting the "System 2" exemption scheme and then applying the exemption's monetary value to any personal property not covered by other specific exe...

Placing a security freeze on your credit files is a free right that you exercise by contacting each of the three major credit bureaus individually. This action restricts most third-party access to you...

To legally record a phone call with a debt collector in California, you must clearly inform them that you are recording and obtain their consent at the beginning of the call. California law requires t...

To assert that your income is exempt from collection, you must file a Claim of Exemption (Form EJ-160) and a Financial Statement (Form EJ-165). Here are the steps to properly file your claim. Step 1:...

To respond to a debtor's examination, you must attend the court hearing and truthfully answer questions about your finances while being prepared to claim any legally protected assets. Your goal is to ...

To vacate a default judgment in California, you must file a formal request, called a motion, with the court that issued the judgment, explaining why you failed to respond to the lawsuit in time. Succe...

To find a qualified low-cost or pro bono bankruptcy attorney in California, you must contact specific legal aid groups, certified lawyer referral services, and court-sponsored programs. You will gener...

To file a formal complaint against an abusive debt collection agency, you should submit complaints to the California Department of Financial Protection and Innovation (DFPI) and the federal Consumer F...

To reaffirm a car loan during a Chapter 7 bankruptcy, you must sign a new, legally binding agreement with your lender and file it with the bankruptcy court for approval before your debts are discharge...

To remove a discharged debt's balance from your credit report, you must formally dispute the inaccurate information with each credit reporting agency and provide them with proof of your bankruptcy dis...

To start rebuilding your credit after a bankruptcy discharge, you must verify your credit reports are accurate and then begin establishing new, positive credit history. The process requires patience a...

You can get a copy of your bankruptcy discharge order online through the federal court's PACER system or by requesting it directly from the Clerk of the Bankruptcy Court where your case was filed. He...

The 341 Meeting of Creditors is a mandatory hearing where the bankruptcy trustee and any interested creditors ask you questions under oath about your financial affairs. The meeting is administrative, ...

To handle a deficiency judgment notice, you must first verify that the creditor followed all legal notice requirements and then decide whether to dispute the amount, negotiate a settlement, or seek le...

You can challenge illegal payday loan fees by demanding a refund from the lender, filing a complaint with the state regulator, and, if necessary, taking legal action. Here are the steps you can take t...

To formally respond to a Notice of Default in California, you must take direct action with your loan servicer to cure the default, as there is no specific court form to file. Your primary options are ...

To legally cure a mortgage default, you can either reinstate the loan by paying the past-due balance or obtain a loan modification, using protections from the California Homeowner Bill of Rights (HBOR...

Under California law, you generally have the right to get your repossessed car back by either reinstating the loan contract or paying the full loan balance. The lender must provide you with a formal w...

To challenge a wage garnishment or bank levy, you must file a Claim of Exemption within the specific deadline set by California law, which differs depending on the type of asset seized. For a bank lev...

To file a Claim of Exemption, you must complete the required forms and file them directly with the sheriff's department that levied your account within the strict legal deadline. Here is how to file ...

To protect your Social Security benefits from a creditor, you must act quickly to file a Claim of Exemption with the court after your bank account is levied. California law provides some automatic pro...

Under California law, the maximum amount your wages can be garnished for most debts is the lesser of two different calculations. The process below helps you determine this amount for a standard judgme...

To stop or reduce a wage garnishment, you must complete and file a Claim of Exemption (Form WG-006) and a Financial Statement (Form WG-007) with the levying officer (the Sheriff) within 15 days of rec...

To send a legally binding cease and desist letter to a debt collector in California, you must send a written notice via a traceable method, like certified mail, that clearly instructs them to stop con...

To legally stop a debt collector from calling you at work under California law, you must directly inform them that your employer prohibits such calls. The most effective way to do this is with a writt...

If a collector is trying to collect a debt past the statute of limitations, do not pay it. You cannot be successfully sued for this "zombie debt," and you can take steps to stop the collector from con...

To determine if the statute of limitations on a debt has expired, you must identify the type of agreement, find the date the clock started running, and check for any activity that may have restarted i...

To answer a credit card lawsuit in California, you must complete and file an Answer form with the court and serve a copy on the plaintiff, typically within 30 days of receiving the lawsuit. Here is th...

To formally respond to a debt collection lawsuit in California, you must file a legal document called an "Answer" with the court within 30 calendar days of being served. Ignoring the lawsuit will allo...

If a creditor violates the automatic stay, you must immediately notify the creditor of your bankruptcy filing and document the violation. If the behavior continues, you may need to take formal legal a...

In California, your 401(k) and IRA funds are generally fully protected from creditors in a bankruptcy, but you must properly claim this protection in your court filings. Follow these steps to ensure y...

To value your car for the California motor vehicle exemption, you must determine its fair market value and subtract any outstanding loan balance to find your equity. You then compare this equity amoun...

To claim the homestead exemption in a California bankruptcy, you must list your home and claim the exemption on your official bankruptcy forms, specifically Schedule A/B and Schedule C. Here are the ...

The choice between System 1 and System 2 exemptions depends primarily on whether you own a home and the amount of equity you have in it. Generally, System 2 is for homeowners with significant equity, ...

To find a court-approved debtor education provider, you must use the official list maintained by the U.S. Trustee Program. Only providers on this list can issue the certificate required for your bankr...

To complete the mandatory pre-bankruptcy credit counseling, you must find a U.S. Trustee-approved agency, complete their counseling session, and obtain a certificate to file with your bankruptcy petit...

To file for Chapter 13 bankruptcy in California, you must gather specific documents that prove your income, assets, debts, and monthly expenses. This documentation is essential for completing your ban...

To determine if you are eligible for Chapter 7 bankruptcy, you must pass the "means test," which compares your household income to the California median income. If your income is below the median, you...