Dear Attorney,

One of my creditors just called and said they are going to take the money I owe them out of my checking account and my paycheck if I don’t pay them by Wednesday.

Can they do that?

Jenny, Lake Elsinore

Dear Jenny,

They can, but they have to sue you first and they have to serve you personally with copies of the lawsuit.

You have 30 days to file an Answer to their Complaint. If you don’t file an Answer, they will most likely proceed by getting a Default Judgment.

Until they get that Judgment, your paycheck and your bank account are safe.

Dear Attorney,

I rent a house in Temecula and I keep getting junk mail for my landlord from places that help people in foreclosure.

I haven’t received any notice of a foreclosure, but I suspect my landlord is not making the mortgage payments. How can I tell for sure?

How long can I stay here? Will I be evicted?

Jim, Murrieta

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[ Chatton and Associates ] Jim,

A Notice of Default has to be recorded with the County Recorder to officially start the foreclosure process. You can check with the County Recorder, and I suggest you do so.

You could be evicted if you don’t leave voluntarily, but the lender has to give you 60 days notice to leave in the first place. That will give you ample time to find a new place to live.

Some lenders are doing "cash for keys" programs where they will pay the tenant money to leave earlier.

If you have somewhere else to go, you might want to try to negotiate an arrangement like that.

There’s no set amount, but I’ve heard of people getting paid anywhere from $1,000 to $2,500 per month for leaving the premises early.

Every circumstance is different and any number of arrangements could be made with the lender.

It’s a good idea to talk to them about your options when the foreclosure goes through.