Law Offices of David L Nelson

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(858) 452-4500Visit WebsiteMap & Directions6480 Weathers PlSan Diego, CA 92121 Write a Review

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Mon - Fri:	9:00 am - 5:00 pm

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Neighborhoods: Sorrento Valley, Northern San Diego
AKA: David L Nelson Law Offices
Other Link: http://attorneydavidnelson.com
Categories: Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Domestic Violence Attorneys, Family Law Attorneys, General Practice Attorneys, Social Security & Disability Law Attorneys

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Phone: (858) 452-4500

Address: 6480 Weathers Pl, San Diego, CA 92121

Website: http://attorneydavidnelson.com

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Law Offices of David L Nelson

Divorce
Child Support
In cases of Identity Theft or Mistaken Identity, you are supposed to be able to get the creditor and credit reporting agencies to vacate the judgment based solely on the mistake. You must of course prove the mistake. If you were a victim of Identity Theft and the identity thief opened several accounts in your name, it may be easier to prove that this judgment was also one of those incidents of malfeasance. With a Mistaken Identity, it may be a little harder. Especially if you have an extremely common name such as Smith, Jones, Nelson, Guerrero or Patel. A friend of mine, an Attorney named Bill Johnson, was contacted by a guy coincidentally named Bill Johnson who was being sued by the Los Angeles County Child Support Enforcement Office. Bill went into court and said: “Good morning your Honor, I’m Bill Johnson representing Bill Johnson and he’s not the father and neither am I.” The account was considered “

DUI/DWI
Perhaps your brother or sister gets pulled over for DUI and gives the arresting officer your old Driver’s License, the one that went missing and you thought you lost it, and then guess what, she or he looks so much like you the police are fooled into thinking it really is you. Be careful making those rolling right turns from now on.
Theft
Embezzlement
If the omitted creditor had been listed in the bankruptcy petition and received a notice of your bankruptcy, and nevertheless, didn’t file that lawsuit in the bankruptcy, then at the end of the case, they would have been included in the discharge. How’s that for irony. Most of them won’t bother once they see how low your income is, how few assets you actually have and they might think that suing you in the bankruptcy court to prove you are a fraudster is throwing good money after bad. But if you left them out of the bankruptcy then, therefore, they can now sue you if they want to. But they would still have to sue you to prove that you did the fraud, embezzlement or malicious injury, that’s not going to be an automatic.
Murder
If you do have to buy a car, and sometimes you must, then your interest rates will be absolute murder. Don’t do it. If you can avoid it, avoid it. However, with a little effort and just a little time, maybe only a couple of months, you can repair your credit enough to buy a car with a decent-ish interest rate.
Identity Theft
Identity Theft is not just someone opening a credit card in your name, though that still happens all the time.
Restraining Order
The second thing that has to NOT happen is 2nd) Even in a no-asset case, did you commit Fraud, Embezzlement or Malicious Injury to Person or Property against that creditor. Then if you committed any of those but you left this debt out of the bankruptcy, then the creditor was never barred from filing a non-dischargeability action against you in the bankruptcy court like would normally happen at discharge time because they never knew that a bankruptcy had been filed. Phew long sentence. Basically, at the beginning of the bankruptcy a temporary restraining order prohibits any collection efforts or lawsuits against you, except for suits in the bankruptcy itself for fraud, embezzlement or malicious injury to person or property. At the end of the case, the discharge order is a permanent injunction prohibiting collections and lawsuits against you even in the bankruptcy court for those same types of actions. A discharge does allow secured creditors to collect cars and houses if you stop paying for them.

Social Security Disability
If you do nothing about the judgment, in California, then whenever possible, the creditor/plaintiff will garnish your wages, record the Abstract of Judgment at your local County Recorder’s Office thereby creating a judgment lien on your home and other real estate, and on top of that, every few months the creditor/plaintiff can levy your bank accounts. They can also do something embarrassing and potentially devastating which is to have you brought into court for a judgment debtor’s exam. You receive a subpoena ordering you to go to court to explain the nature and location of your assets under oath under penalty of perjury and if you don’t show up, the court issues a warrant to arrest you. You make a rolling right turn, get caught, and go to jail. But if you’re Judgment Proof, in other words, you’re on social security disability, VA Disability, or are otherwise unemployed with no income or a protected income and you don’t have any bank accounts and you don’t own any real estate, then they can tell their tale to the judge but they won’t get anything.

Bankruptcy
Okay, the Veterans Administration Code does state that no creditor can ever garnish, levy, attach or receive your VA Disability Benefits. So the problem was that in a Chapter 7 Bankruptcy, the disabled veteran’s disability income would sometimes make them not qualify for a Chapter 7 Bankruptcy but then they wouldn’t be forced into Chapter 13 Bankruptcy which is the kind of Bankruptcy that comes with a Bankruptcy Payment Plan because that would be absurd based on what the VA Benefits Code already says.
Foreclosure
An unpaid judgment is the worst thing to have on your credit reports, well second to a foreclosure and about equal to an eviction. An unpaid judgment means that there is a creditor, or the plaintiff, who sued you and won. That creditor/plaintiff can use that judgment to, at any time, garnish your wages if you have a job, levy your bank accounts and take all of your money, (with some exceptions such as with Veteran’s Benefits and Social Security money), and put a judgment lien on your home or other real estate holdings if you own any.
Debt Collection
Because if they had a judgment, you won’t get a phone call, you’ll just pick up your check and find out that a fourth of it is missing. For some reason he won’t give you the company’s address, and the company name is a mashup of two legitimate debt collection agencies you find on the Internet. It’s crap, he’s a liar and he’s trying to commit fraud and you’re the mark. Hang up and block the number.

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