I don't recall why I ever stopped making agreed upon payments per the court. 13 years later, a debt collector is attempting to collect this debt. My question: If the judgement was in favor of the original creditor, but not the subsequent debt collector, has the statue of limitations risen from... View More 
answered on Dec 11, 2023
Judgments are valid as specified by statute. Apparently in Massachusetts, its 20 years. Once a judgment is obtained, the judgment can be sold a dozen times and the judgment remains enforceable. You may be confusing the statute of limitation within which to bring suit (6 years apparently) with the... View More
I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that "we have the right to charge a 1.5% finance charge on past due invoices. They... View More
answered on Dec 9, 2023
Your contractual interest is limited by statute. This is "business owner 101". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your "go-to" guy when you... View More
I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a "debt confirmation" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt... View More
answered on Dec 9, 2023
Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation.
The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person... View More
it says I need to pay in full or minimum monthly payment of $250 by December 10th, or will put a lien on my social security number. my question is, How long does that process actually take for them to put a lien on my social security #? I don't want them to take my income taxes. I'm a... View More
answered on Dec 1, 2023
There's no real way to know how long this action would take, because we're talking about government. however, you should assume now that that your tax refund will be taken by the state. If nothing else, pay the first $250.00 because that might delay things a bit. Figure out an alternative... View More
answered on Nov 18, 2023
The third party person who pays for the litigant's attorney has no say in how the case progresses, because the payor is not the client. Neither clients nor payors dictate anything; the case progresses according to the law as applied to the facts of the case. If you think that you are going to... View More
I recently had to part ways with my attorney because he refuses to have evidence admitted and he refused to file a motion to compel evidence from the defendant . As a result I filed a motion to supplement the record and it was denied. At this point, I’m wondering would it be better to file a... View More
answered on Jul 7, 2023
Nothing is evidence until it is admitted into evidence by the court.
Since you are now playing lawyer, you might want to read the rules of procedure and make certain that dismissing your case and refiling is the best course of action.
A new case is a new case. Everything starts... View More
answered on Jul 4, 2023
It depends when your court date is, and whether there is any indication that the plaintiff has filed paperwork telling the court the hearing is canceled and/or the casebis dismissed. If there's no indication the plaintiff has canceled the hearing or dismissed the case,then you should appear at... View More
We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More
answered on Jun 13, 2023
After the property is sold, there will be a surplus or a deficiency. If a surplus, then the order in which payment is made is to the plaintiff, then to any lienholder, then to the owner. That's it. There's no.provision to be repaid, etc.,.etc. I think its section 45.032, Florida Statutes.... View More
I have a few questions about this:
I received the final judgment paperwork, but it is blank, it is not dated nor is it signed by a judge. Is this common, legal, binding?
Additionally, I do not recall this debt. In the summons, I only received a couple of statements with due... View More
answered on Mar 15, 2023
The judgment is probably conformed. In 22 years of practice, I have never seen a judgment not signed or dated.
Once you default, all the " I don't remember the debt" stuff goes out the window.
You will have a hearing on your claim of exemption. You must prove the... View More
I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).
answered on Mar 7, 2023
Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.
Whether he can sue you for some amount as compensation for the contributions he has made, and... View More
I sent a debt verification letter requesting proof that the debt collector purchased the right to collect as well as a signed agreement between the original creditor and I. Instead, all they sent were multiple billing statements.
I’m wondering if I need to confirm in writing that they... View More
answered on Feb 27, 2023
A debt collector does not own the debt. The creditor assigns the delinquent account to the debt collector, and can recall the account at any time. Debt verification has nothing to do with the assignment of the debt.
A debt buyer is a company that purchases delinquent accounts from the... View More
answered on Feb 27, 2023
Debt collectors don't put liens on anything, as they do not own the debt or the account. Generally, when a car payment is not made, the lender repossesses the car and then retains a debt collector to collect on the loan.
This took place in pinelles county Florida. Locks were changed after the court ordered us to vacate the home but prior to being processed by the county sheriff resulting in the final judgement being “cancelled”
answered on Feb 24, 2023
Yes. The FILING of the eviction complaint is what causes issues for renters, not the outcome of the case. The filing creates the record in the clerk records, and that is permanent. The records are public records, so anyone can look up the filing. They may not be able to see the actual documents,... View More
Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?
answered on Feb 22, 2023
I am not licensed in Illinois or Texas, but in general:
1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.
2. The judgment creditor, if it intends to execute on the... View More
Hello! My parents are deceased, and their home is on a reverse mortgage. I received a summons for personal service on a natural person from the mortgage company attorney, who is also a debt collector. I need to respond in writing within 20 days. From what I can tell, they wish to foreclose on the... View More
answered on Feb 15, 2023
If you don't respond, a default will be entered against you. That just means that you are cut off from raising any defenses later. The default paves the way to a judgment, which in this case, means that any legal interest you might have in your parents' home is foreclosed, or... View More
I have four boys one of them is autistic and we have nowhere to go but live in our car
answered on Feb 1, 2023
The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.
While you situation is serious and heartbreaking, the fact that your son is... View More
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
I am sorry for your loss.
The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do... View More
What can I do to change that date?
answered on Jan 10, 2023
If the plaintiff is represented by a law firm/attorney, call them and see if they will agree to a change. If there's no lawyer on the other side, call the judge's assistant and ask whether you can change the date. Your business obligation had better be significant; as between a court date... View More
It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?
answered on Jan 10, 2023
Yes, you can, BUT
1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out... View More
Dropped out of college 2 years ago due to mental health issues, struggled with jobs and finally have one now but i do not make enough. My student loan provider demands payments but i can’t make their almost $1000 monthly payments when i barely make $300-$400 weekly.. even when i get paid weekly i... View More
answered on Jan 9, 2023
You took out the loans, now it's time to pay up. The lender is not interested in your personal problems, nor does it have any idea about your relationship with your parents; the suggestion to borrow money was a suggestion, nothing more. There's no need or purpose to you becoming offended.... View More
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