Pomona Lawsuits & Judgments Lawyer
A lawsuit over a credit card or loan can end in a judgment even when the debtor never fought it, because a court will enter one by default against someone who does not file a written answer. Wadhwani & Shanfeld is a consumer bankruptcy and debt relief law firm that represents Pomona residents and families throughout Los Angeles County, Orange County, Riverside County, and San Bernardino County who have been sued by creditors or who already have a judgment entered against them.
For anyone searching for a Pomona lawsuits and judgments lawyer, the key point is that the lawsuit and the judgment are two separate problems with two separate sets of decisions. Before judgment, you may have defenses, including an expired filing deadline, that only help if they are raised in time. After judgment, the creditor gains tools such as wage garnishment and bank levies, and you gain tools too: statutory exemptions, a claim of exemption process, and the automatic stay that comes with a bankruptcy filing. What you do in the weeks after being served shapes everything that follows.
What Happens to a Debt Lawsuit That Goes Unanswered
A collection suit filed against a Pomona resident will generally be heard in the Los Angeles County Superior Court, and Pomona has its own courthouse in the Pomona Courthouse South. Once you are served, the clock to respond starts. Failing to file a written answer gives the creditor an opening to ask for a default judgment, and the court can enter it without ever hearing your side. That is how many people end up with a judgment for a debt they might have been able to contest or settle.
The limitations period is the clearest example of a defense that disappears if you stay silent. California gives creditors four years to sue on a written contract and two years on an oral one, and a book account claim also carries four years. An expired deadline is not something the court applies on its own. You have to raise it in your answer. A payment on an old debt does not revive a time-barred claim, and only a signed written acknowledgment of the debt can restart the period. Collectors sometimes encourage a small “good faith” payment on an old account, and knowing that such a payment does not revive a time-barred debt can change how you respond.
Why Choose Wadhwani & Shanfeld for Creditor Lawsuits and Judgment Defense
Wadhwani & Shanfeld has helped more than 30,000 individuals and families resolve debt, and the firm handles Chapter 7, Chapter 13, debt settlement, wage garnishment, creditor lawsuits, foreclosure defense, and IRS tax debt for clients across Southern California. Because the firm works on both sides of the decision, bankruptcy and the alternatives to it, the recommendation you receive is based on what fits your situation rather than on the only service available. The firm is led by two Board-Certified Specialists in Consumer Bankruptcy, with more than 90 years of combined legal experience among its attorneys.
Raj Wadhwani, a founding shareholder and partner, is a Board-Certified Specialist in Consumer Bankruptcy through the American Board of Certification and a graduate of Southwestern Law School. He helped pilot the Best Case Bankruptcy software in 1998 and was the first attorney to file a bankruptcy case electronically in the Central District of California. Greg Shanfeld, also a founding shareholder and partner and a Board-Certified Specialist in Consumer Bankruptcy, earned his law degree from the University of Southern California and has handled more than 10,000 bankruptcy cases over three decades. The firm files in every division of the U.S. Bankruptcy Court for the Central District of California.
For someone with a response deadline or a garnishment looming, how the firm works matters as much as credentials. You get direct access to an attorney from your first call, the consultation is free, and the firm acts fast when a garnishment, foreclosure sale, or repossession is days away. Cases can be handled entirely by phone, email, video, and online chat, with 100% virtual consultations available, so a work schedule in Pomona does not have to stand in the way of getting help.
Situations That Lead to Lawsuits and Judgments
- Credit Card Collection Suits: Debt buyers and collection firms often sue after an account has been sold, and the question of whether they can prove ownership and the amount claimed is a real one. The four-year limit on written contract and book account claims is often the first thing to check.
- Medical Bill Judgments: Unpaid hospital and provider balances become judgments like any other unsecured debt, and they can generally be discharged in bankruptcy.
- Personal Loan and Payday Loan Suits: Lenders may sue on loans that were taken out to cover emergencies, and these can often be negotiated or discharged depending on the circumstances.
- Repossession Deficiency Claims: After a vehicle is repossessed and sold, the lender may sue for the shortfall. Civil Code requires written notice of the planned sale and sets timing rules that affect whether a deficiency can be claimed at all.
- Wage Garnishment After Judgment: An ordinary judgment lets the creditor take a capped share of your disposable earnings through your employer, and the cap depends on both a percentage and a minimum-wage-based floor.
- Bank Account Levies: A judgment creditor can have a levy placed on your account, but California automatically protects a set amount per judgment debtor without any claim, and that protection does not extend to every kind of levy.
- Judgment Liens on a Home: A recorded judgment can attach to real property, which raises questions about homestead protection and whether bankruptcy can remove the lien.
- Debt Collector Misconduct: Harassing calls, false statements about the debt, and threats of action the collector cannot take may violate the Rosenthal Act, which covers original creditors as well as third-party collectors.
What to Do After You Are Served or a Judgment Is Entered
If you have been served with a summons and complaint, read the response deadline first and do not let it pass. Gather the papers, the original account statements, any letters from collectors, and any records of payments you made. Note who is suing you, because a debt buyer and an original lender raise different questions about ownership and proof. Whether the account is old enough that the limitations period has run is worth checking immediately, since that defense must be asserted in a written answer. Do not make a payment on an old account before you know where it stands, since the wrong payment can complicate your position.
If a judgment has already been entered, find out what the creditor is likely to do next. A garnishment notice will come through your employer, and you may be able to claim that part of your earnings is needed to support yourself or your family. Labor Code section 2929 bars an employer from firing you because your wages are garnished for a single judgment. If your account has been levied, the automatic deposit account exemption applies without a filing, and the bank is supposed to apply it before turning anything over. That protection does not reach every type of levy, including those for child or spousal support, wages owed to another person, or debts owed to the state.
Your response to a lawsuit depends on the numbers, and the options are real choices rather than formalities. You can answer the suit and contest it, negotiate a resolution, or file bankruptcy. Filing Chapter 7 or Chapter 13 triggers the automatic stay, which stops most lawsuits, garnishments, and levies the moment the case is filed. For a Pomona filer, the case would be assigned to a division of the U.S. Bankruptcy Court for the Central District of California based on your zip code, and the firm handles that determination. If you have been sued by a collection firm and a deadline is close, call quickly, since the options narrow as the response date approaches.
How Long a Judgment Lasts and What Limits Its Reach
A California money judgment is enforceable for 10 years from the date of entry. After that, enforcement procedures cease and liens created by enforcement are extinguished unless the creditor renews. A renewal application extends enforceability for another 10 years from the filing date, but recent changes limit renewal to a single five-year extension for medical expense judgments with unpaid principal under $200,000 and personal debt judgments with unpaid principal under $50,000. These limits matter if you are trying to judge whether an old judgment will follow you indefinitely.
Garnishment has its own ceiling. On an ordinary judgment, the amount taken from a paycheck is limited to the lesser of 20 percent of weekly disposable earnings or 40 percent of the amount by which weekly disposable earnings exceed 48 times the applicable minimum hourly wage. Different multiples apply to biweekly, semimonthly, and monthly pay, and where a local minimum wage is higher than the state’s, the local rate is used. Because of that formula, a garnishment sometimes takes less than people fear, and a claim of exemption can reduce it further.
Exemptions That Protect Property in Bankruptcy
When bankruptcy is the answer to a judgment, protecting property becomes the central question. California has opted out of the federal exemptions, so a filer chooses between two state systems, the standard exemptions in Code of Civil Procedure section 704 and the alternative set in section 703.140(b), and must use one system for the entire case. To use California’s exemptions you must have lived in the state at least 730 days. The section 704 system includes a homestead exemption that scales with the county’s median home price, up to a statutory ceiling, and it tends to favor homeowners. The 703.140(b) system offers a smaller residence exemption but includes a wildcard that can be applied to any property, which often suits renters. The amounts in both systems are adjusted periodically, so the right choice depends on the figures in force when you file.
A judgment lien on your home adds another layer. Depending on how much equity you have and which exemption system you choose, bankruptcy may allow the lien to be removed. Most of the firm’s Chapter 7 clients keep everything they own, and exemptions are worked through before any case is filed.
Questions About Lawsuits and Judgments
How long do I have to respond to a debt collection lawsuit?
The summons states your response deadline, and missing it can lead to a default judgment. Do not wait to see whether the creditor follows up. Call as soon as you are served so there is time to evaluate defenses and options.
Can a creditor sue me over a very old debt?
A creditor can file suit, but the claim may be time-barred. California allows four years on written contracts and book accounts and two years on oral contracts. The court will not raise that deadline for you, so it has to be asserted in a written answer.
Does making a payment restart the clock on an old debt?
A payment cannot revive a debt that is already time-barred. Only a signed written acknowledgment of the debt restarts the limitations period, which is why it helps to know where an account stands before paying or signing anything.
How much of my paycheck can be garnished after a judgment?
For an ordinary judgment, the cap is the lesser of 20 percent of weekly disposable earnings or 40 percent of the amount your weekly disposable earnings exceed 48 times the minimum wage. You can also claim that part of your earnings is needed for you or your family.
Can my employer fire me because of a garnishment?
Labor Code section 2929 prohibits an employer from firing you because your wages are garnished for one judgment. Employers must still comply with the garnishment order itself.
Will bankruptcy stop a lawsuit or garnishment?
Filing Chapter 7 or Chapter 13 creates the automatic stay when the case is filed, which halts most lawsuits, garnishments, bank levies, and other collection actions. In an emergency, the firm can often prepare and file quickly.
How long does a judgment last in California?
A money judgment is enforceable for 10 years from entry and can be renewed. Newer rules limit renewal to one five-year extension for qualifying medical and personal debt judgments under the statutory dollar limits.
Is my bank account protected if a creditor levies it?
California automatically protects a fixed amount per judgment debtor, and the bank must apply it without you filing anything. It does not apply to levies for wages owed to another, child or spousal support, or debts owed to the state, and balances above it may be exposed.
Can I sue a collector that broke the rules?
The Rosenthal Act allows a consumer to recover actual damages, plus an additional $100 to $1,000 if the collector acted willfully and knowingly, along with reasonable attorney fees. The suit must be filed within one year, and a collector can avoid liability by correcting a curable violation within 15 days of learning about it.
Do I have to come to an office to get help with a lawsuit?
No. The firm handles cases entirely by phone, email, video, and online chat, and offers 100% virtual consultations, so you can get advice and have your case handled without leaving home.
If I was sued for a repossession deficiency, is the claim always valid?
Not necessarily. The lender must send written notice at least 15 days before disposing of the vehicle, or 20 days in certain out-of-state mailing situations, and a deficiency is allowed only if the notice was given within 60 days of repossession and contained the required items. Defects in the notice can defeat the claim.
Serving Pomona and Surrounding Communities in Lawsuit and Judgment Cases
Wadhwani & Shanfeld represents clients in Pomona and across the eastern San Gabriel Valley, including Claremont, Glendora, West Covina, and Montclair. The firm also works with people in the nearby Inland Empire communities of Chino, Chino Hills, Fontana, Ontario, Upland, and Rancho Cucamonga, and with clients throughout San Bernardino County and Riverside County, including San Bernardino, Riverside, and the Coachella Valley.
Beyond that, the firm serves Los Angeles County communities such as Los Angeles, Long Beach, Torrance, Compton, Inglewood, Norwalk, Bellflower, Paramount, Gardena, Cerritos, and Huntington Park, along with San Fernando Valley neighborhoods from Sherman Oaks and Van Nuys to Encino, Woodland Hills, and Northridge. In Orange County, clients come from Anaheim, Santa Ana, Garden Grove, Fullerton, Huntington Beach, Costa Mesa, and Newport Beach, and the Antelope Valley communities of Lancaster and Palmdale are covered as well.
Talk to a Pomona Lawsuits and Judgments Attorney Today
If you have been served with a summons, received a garnishment notice, or learned that a judgment has been entered against you, speaking with a Pomona lawsuits and judgments attorney sooner rather than later keeps your options open. Call Wadhwani & Shanfeld for a free consultation and talk directly with an attorney about whether to fight the suit, negotiate, or file bankruptcy, and get an honest answer about which path fits your situation.
