Law Offices of Michael J. Primus

Personal & Business Bankruptcy Attorney serving San Francisco Bay Area Since 1993

  • Home
  • Offices
    • Walnut Creek Office
    • Hercules Office
    • Antioch Office
  • Bankruptcy Basics
  • Resources
    • AVVO Legal Guides
    • Common Questions Video Series
    • Real People, Real Questions, Real Answers
    • Free Credit Report
  • Blog
    • Bankruptcy
    • Credit
    • Marriage & Divorce
    • Student loans
    • Taxes
  • Contact
  • Top Rated

Did a spouse or family member steal your identity?

February 23, 2017 by primuswebadmin

According to Bureau of Justice Statistics, about 7% of U.S. residents over the age of 16 report being victims of identity theft each year.  That means thousands of people in Concord, Antioch, Pittsburg, Pinole, and Richmond are victims each year.  Most victims became aware of the theft when notified by a financial institution or law enforcement agency.  Stolen identities are most commonly used to obtain governmental benefits and/or credit cards.  The majority of victims experience monetary losses under $100 and are able to resolve the issues in under 30 days.   Of course, this number accounts for those who report being victims.

In my experience, many victims do not report identity theft because the offender is a spouse or relative of the victim.  Often the victim does not want to cause trouble or fears some retribution if the theft is reported.  Let’s be clear, use of your personal or financial information without your informed consent is identity theft.  Consent can be given and later withdrawn.  For example, in marriage, spouses often grant unfettered access to financial accounts and personal information; however, if the couple separates consent is usually withdrawn expressly or by implication.  Often people come to me swamped with debts they did not incur assuming bankruptcy is the only answer.  Bankruptcy forgives debts, but if you do not owe the money because the charges were incurred without your informed consent then a bankruptcy may not be necessary.  The Federal Trade Commission has wonderful resources to help victims of identity theft.  Many credit card lenders and some governmental agencies require only simple forms to remove fraudulent charges.  Despite other potential options, bankruptcy is often used as a cost effective way to resolve identity theft.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

 

Filed Under: Bankruptcy, Blog, Marriage & Divorce

Does the statute of limitations cancel your debts without bankruptcy?

January 25, 2017 by primuswebadmin

The statute of limitations creates a deadline for a lawsuit to be filed in court.  The reasoning is twofold: (1) people should be free to shred or destroy documents after a defined period of time without fear they will be taken to court and (2) witnesses forget events and details as time passes.  Once the deadline passes, any lawsuit filed can be dismissed by the court and in some cases the party that initiated the lawsuit can be fined.  The law creates deadlines for the filing of most civil and criminal actions.  The deadline for non-governmental debt collection (credit cards, collection agencies, payday loans, medical bills and more) in California is four years.  That means if you have not made a payment on a credit card or collection account in more than four years, the claim is unenforceable in court.  Once a claim becomes unenforceable in court the creditor will not be able to garnish wages, take money from your bank account, or put a lien on your house.  If a creditor does file a lawsuit prior to the expiration of the statute of limitations, then you’ll need to take prompt action.  Failure to respond to a lawsuit will almost certainly result in a judgment against you.  A judgment creditor has many options and can pursue one or more of them simultaneously.  A judgment creditor can garnish wages and/or levy a bank account and/or put a lien on your house and/or summon you to court to discuss your assets.  Worse yet, a judgment will be enforceable for 10 years and can be renewed for an additional 10 years.  Credit reporting is a different but related issue.

Credit reporting has a different set of rules.  Most derogatory marks appear on a credit report for 7 years but many debts become unenforceable after 4 years if no payments were made.  This means a credit report is a helpful tool but it does not accurately reflect enforceable debts against you.  I commonly see people with a credit report showing numerous unpaid debts who assume they need a bankruptcy; my first question is, “When was the last time you made a payment on these debts?”  Bankruptcy voids most debts but is generally unnecessary if the debt is unenforceable as a result of the statute of limitations.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

References: California Code of Civil Procedure §337, California Civil Code §1788.56 and the Fair Credit Reporting Act 15 U.S.C. 1681

 

Filed Under: Bankruptcy, Blog

  • « Previous Page
  • 1
  • …
  • 3
  • 4
  • 5

From the Blog

Finally, consumers catch a break! California’s Delete Request and Opt-out Platform is live

March 4, 2026

Unemployment and Social Security overpayments are forgiven in bankruptcy

February 20, 2026

Chapter 7 Bankruptcy – Necessities of Life or Exemptions – Updated for 2025

September 12, 2025

If my wages get garnished, how much can they take?

May 29, 2025

Will I lose my job if I file for bankruptcy?

April 23, 2025

Blog Categories

  • Bankruptcy (40)
  • Blog (87)
  • Common Questions (7)
  • Credit (17)
  • Featured (6)
  • Marriage & Divorce (7)
  • Student loans (3)
  • Taxes (3)
Lawyer Michael Primus | Top Attorney Chapter 7

Bankruptcy, Not The End But A New Beginning.
We are a debt relief agency.
We help people file for bankruptcy.
We provide Flexible Payment Options.

Get Started with a Free 30-Min Consultation

Office Locations

Walnut Creek
2950 Buskirk Avenue
Suite 300
Walnut Creek, CA 94597

925-934-0500

Get Directions

Google Reviews

Yelp Reviews

Antioch
511 West 3rd Street

Antioch, CA 94509

925-706-9200

Get Directions

Google Reviews

Yelp Reviews

Hercules
500 Alfred Nobel Drive
Suite 135
Hercules, CA 94547

510-741-1800

Get Directions

Google Reviews

Yelp Reviews

  • Privacy Policy
  • Sitemap

Copyright © 1992–2026 · Handcrafted by Iron Leaf Media

Determining if bankruptcy is right for you requires specific guidance from an attorney because each situation is different.
The information here is general in nature and is not a substitute for an in office consultation with a lawyer.