Recommended Posts

Shady people expect their victims to just pay up.  Stop paying and they lose control.  The worst they can do is what they are already doing.  I would never have made payments beyond their bad actions, and I would never have sent them my tax refund.

 

Of course, being in a community property state makes it harder.

Share this post


Link to post
Share on other sites

That's a good point, however, he's an ex boyfriend, not husband so that doesn't apply.   Frankly, as I'll state in my new thread, I've sent all the documentation to 3 different attys and they all turned down handling the case.

 

I'm frankly afraid they'll sue and levy my bank and or wages.   I want to see if I can sue them over the way they signed us up on the lease.

 

I'll explain it more later.  

Share this post


Link to post
Share on other sites

That's a good point, however, he's an ex boyfriend, not husband so that doesn't apply.   Frankly, as I'll state in my new thread, I've sent all the documentation to 3 different attys and they all turned down handling the case.

 

I'm frankly afraid they'll sue and levy my bank and or wages.   I want to see if I can sue them over the way they signed us up on the lease.

 

I'll explain it more later.  

There are cases where "being shacked up together" engages the community property laws.  There was some term I forget where they were able to assume an equivalent of marriage.

Share this post


Link to post
Share on other sites

It's called common law marriage and is not recognized in California. You can register as "domestic partner" but it does not give you the full array of rights a marriage does. No, we only dated, never lived together.

He did ask me to marry him at one point, but after the trouble with the car started, it all fell apart. Glad it did:P

Share this post


Link to post
Share on other sites

There are cases where "being shacked up together" engages the community property laws.  There was some term I forget where they were able to assume an equivalent of marriage.

 

Research Marvin v. Marvin, 557 P. 2d 106 (Cal. 1976). It will clear up this issue for you.

Share this post


Link to post
Share on other sites

Thank you so much, guys.   I love it.   BTW, is your plane available???  Hahhaa!  I'm packed and ready.

 

The problem is, even if I quit my job and go on SS, they can attached the bank account.     God I hate this.

 

My ex's house is in foreclosure and the auction is 4/5.  I hope the b**stard rots in the street.  I may Small Claims him anyway just to screw him over.

They can only attach your bank account if they can find it. Making it hard to find is easy. Over on that other Board I write several posts about how to make a bank account hard to find.

Share this post


Link to post
Share on other sites

Research Marvin v. Marvin, 557 P. 2d 106 (Cal. 1976). It will clear up this issue for you.

Marvin v Marvin was very different. Michelson (I believe that's what her legal name was) and Marvin lived together for many years passing themselves off as husband and wife. She gave up her entire earnings career to be his prostitute (sorry, I mean "live in partner") and when the relationship went sour she sued for the equivalent of alimony.

 

The OP's case is nothing like that.

Share this post


Link to post
Share on other sites

They can only attach your bank account if they can find it. Making it hard to find is easy. Over on that other Board I write several posts about how to make a bank account hard to find.

Very interesting; I checked your 3 posts, do you mean setting up a trust and moving my income into it? How easy would it be to access my money for bills and stuff? Would a trust acct accept Direct Deposit as my paycheck is done now in my bank acct?

Share this post


Link to post
Share on other sites

Very interesting; I checked your 3 posts, do you mean setting up a trust and moving my income into it? How easy would it be to access my money for bills and stuff? Would a trust acct accept Direct Deposit as my paycheck is done now in my bank acct?

Trust, Corporation, LLC - it makes no difference. Direct Deposit is no problem if you are smart about it.

 

Let's say for a second that your name is Annekin Rumplestitskin. You would set up your entity as having any of the following names:

 

Annekin Rumplestitskin. LLC

Annekin Rumplestitskin. Inc

Annekin Rumplestitskin Trust

A Rumplestitskin.Inc

A Rumplestitskin LLC

A Rumplestitskin Trust

 

or anything else that is close to your name. You would access the money the same way you do now - by check or Debit card.

 

Other ways to defeat creditors looking for your money:

 

Move it far away. You live in California - you could open a bank account over the internet anywhere. They would send you a debit card and you now have access to your funds. Direct Deposit sends your pay straight into it.

 

Park your excess funds in Paypal or Amazon Payments. If they hit your bank account you simply open another one and transfer the money in PP or Amazon.

  • Like 1

Share this post


Link to post
Share on other sites

No I haven't.  The only CA they used was RA Assoc.  I told them not to contact me again as I was continuing to make payments.   Since it's only now about $7100 with my payments, they could only sue in Small Claims here in CA and I'm hoping they don't want the hassle and court costs.

They could go limited civil court also since it is above 5000. Did you know a deficiency judgment is against the law in california. I will look up the case but it was one of the first I saw when defending my case.

 

Bank of America v. Lallana, 55 Cal. App. 4th 543 (Cal. App. 1st Dist. 1997)

Credit Bureau Metro, Inc. v. Mims, 45 Cal. App. 3d Supp. 12 (Cal. App. Dep't Super. Ct. 1975)

Salenga v. Mitsubishi Motors Credit of America, Inc., 183 Cal. App. 4th 986 (Cal. App. 4th Dist. 2010)

Bank of America v. Lallana, 19 Cal. 4th 203 (Cal. 1998)

 

hope these help

  • Like 1

Share this post


Link to post
Share on other sites

Marvin v Marvin was very different. Michelson (I believe that's what her legal name was) and Marvin lived together for many years passing themselves off as husband and wife. She gave up her entire earnings career to be his prostitute (sorry, I mean "live in partner") and when the relationship went sour she sued for the equivalent of alimony.

 

The OP's case is nothing like that.

 

I'm well aware of the facts of the case. You might take a moment to refresh your own recollection of it. 

 

Notably, neither case invokes community property law anyway, since the "community," being a creation of law, is not formed until a valid marriage occurs.  Torden, if you have the spare time to read it, the dicta in Marvin, provides a good insight into how courts in a community property state view the respective rights of cohabitants in general.

Share this post


Link to post
Share on other sites

Trust, Corporation, LLC - it makes no difference. Direct Deposit is no problem if you are smart about it.

 

Let's say for a second that your name is Annekin Rumplestitskin. You would set up your entity as having any of the following names:

 

Annekin Rumplestitskin. LLC

Annekin Rumplestitskin. Inc

Annekin Rumplestitskin Trust

A Rumplestitskin.Inc

A Rumplestitskin LLC

A Rumplestitskin Trust

 

or anything else that is close to your name. You would access the money the same way you do now - by check or Debit card.

 

Other ways to defeat creditors looking for your money:

 

Move it far away. You live in California - you could open a bank account over the internet anywhere. They would send you a debit card and you now have access to your funds. Direct Deposit sends your pay straight into it.

 

Park your excess funds in Paypal or Amazon Payments. If they hit your bank account you simply open another one and transfer the money in PP or Amazon.

Thanks a million for this, I'll check it out immediately.

Share this post


Link to post
Share on other sites

They could go limited civil court also since it is above 5000. Did you know a deficiency judgment is against the law in california. I will look up the case but it was one of the first I saw when defending my case.

 

Bank of America v. Lallana, 55 Cal. App. 4th 543 (Cal. App. 1st Dist. 1997)

Credit Bureau Metro, Inc. v. Mims, 45 Cal. App. 3d Supp. 12 (Cal. App. Dep't Super. Ct. 1975)

Salenga v. Mitsubishi Motors Credit of America, Inc., 183 Cal. App. 4th 986 (Cal. App. 4th Dist. 2010)

Bank of America v. Lallana, 19 Cal. 4th 203 (Cal. 1998)

 

hope these help

Thank you. I'll look them up and also deficiency judgment since I never heard of it.

Share this post


Link to post
Share on other sites

You've got some very good help here. Glad you're back and heading in the right direction.

 

:)%

Share this post


Link to post
Share on other sites

You've got some very good help here. Glad you're back and heading in the right direction.

 

:)%

This is certainly the best site I've ever found. Everyone here is so kind and helpful. I'm learning so much. I  am busy reading everything you guys have provided me.

I'll be back next week. Thank you all so much.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.