Saturday, August 7, 2010

What is a limited-civil case? is it small claims?pls enlighten me?

can they take away your car or garnish wages of your wife? My bro is unfortunately being sued by a collection agency on behalf of a credit card company for less than $4000. He's tried negotiating a payment plan but they won't accept it ( they want him to pay in full or increase his monthly plan). Now they called and bumped it up to $6000 can they do that or are they just intimidating him? He lives in the state of California.What is a limited-civil case? is it small claims?pls enlighten me?
No, it is NOT small claims. The term ';limited civil case'; refers to cases which were within the jurisdiction of the municipal court in California prior to consolidation of the municipal courts within the superior court. This generally means claims of up to $25,000. (Code Civ. Proc. sec. 85.) They can sue for any amount they claim they are owed, and they can amend their complaint to increase the amount sought in the lawsuit. If they win, they can do anything the law allows to enforce the judgment.What is a limited-civil case? is it small claims?pls enlighten me?
Yes, it's small claims. No, they can't just unilaterally increase the among he owes unless they're tacking on contractual penalties and unpaid interest, which is probably what's really happening. A small claims judgment can be collected just as any other civil judgment can be collected.
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