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Collections Questions & Answers
1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for New York on
Q: Why would a court allow a notice of motion and the court schedule a date. if the Statue of Limitations has lapsed in NY?

Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

If you don’t appear, a default judgment will be entered against you, regardless of the merits of the case. The judgment creditor could then proceed to levy your bank accounts and seek a turnover of the funds to the NYC Marshall to satisfy the judgment. The statute of limitations for rent arrears... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... Read more »

David H. Relkin
David H. Relkin
answered on Nov 28, 2022

Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... Read more »

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.

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1 Answer | Asked in Contracts and Collections for Nevada on
Q: What do I do if I the website and phone lines for the finance company that owns my car are down and I can't make a pymnt

I owe on my car and the website has been "under maintenance" and their call center is always closed during open hours, not allowing me to make a payment

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

There is always FedEx and the USMail.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Ohio on
Q: I'm being sued by a creditor I filed an answer with the court myself now I have a pretrial date coming very soon.

I can't afford an attorney and my legal aid consultation appointment is after the pretrial, that's the only date they had available. What defense can I use to stop them from garnishing my paycheck? I feel as though this company lied to the court in their filing they claim that they have a... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

Nobody can help you without reading the pleadings and examining the file. Maybe you can buy 30 minutes of an attorney's time before the pre-trial.

1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

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Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... Read more »

1 Answer | Asked in Health Care Law and Collections for Illinois on
Q: Can a medical facility give me a 48 hour notice five months after a service that they are going to withdrawal over $200?
Tim Akpinar
Tim Akpinar
answered on Nov 19, 2022

An Illinois attorney could advise best, but your question remains open for five weeks. It could depend on their previous notices and payment terms. Some questions here go unanswered - You could repost under "Collections Law." A local attorney who handles medical billing recovery should be... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Collections and Land Use & Zoning for Missouri on
Q: Okay we bought a pool through Blue world pools pretty much got scammed lien on home how can we get out of this ?

We live in Missouri and we want to know how can we get the lien off of our property the blue world pool is removable they can come get it we just want out of all of it they're ripping us off

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

You will need to retain an attorney to determine whether you can get out of your contract.

1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Why is the Pushmataha Court allowing a debt collector to sue me for a debt over 7 years old with no further contact?

Last contact with debtor was a letter dated 2015 asking for debt forgiveness.

I've responded to the Motion for judgement and motioned for case dismissal, with copy of letter to creditor with Affidavit. Motion to dismiss was that the debt is 7 yrs old and well passed the statute of... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2022

Your veteran status has no bearing on anything. A motion to dismiss is inappropriate as a response to a motion for judgment. If you did not answer the allegations of the complaint, the plaintiff obtained a default. If you did, your answer may not have raised, in the eyes of the plaintiff, any... Read more »

2 Answers | Asked in Criminal Law and Collections for California on
Q: I bought a car paid in full with personal check. Friend was to pay me back but no payments made. How can I retrieve car.

I moved from San Diego, CA to Odessa, Tx. After a year or so I made return trip to San Diego CA. I spoke to party I had made verbal agreement to make payments to pay me for car. I informed party I wanted car back for none payment. The party refused I would like my property returned. And take... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2022

you need to contact a local lawyer for assistance.

if you didn't have a written agreement it might be more difficult.

consider small claims to collect up to $10k..............but after a judgment, you will have to collect.

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1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I haven't been in Washington state for over five years. Can I be served via mail or publication in that state?
Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

Yes. If they satisfy the court you cannot be found, the court can order service via publication.

1 Answer | Asked in Collections for California on
Q: I was served & papers were dumped on my front door with info showing. Is this a legal way to be served?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Were you standing in the doorway refusing to take the papers when they were "dumped on your front door"? Don't answer here, but speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 15, 2022

You may still be able to get to the property, but you'll need to review the matter with a lawyer.

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2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Gregory L Abbott
Gregory L Abbott
answered on Nov 15, 2022

Depending upon many factors, including when he transferred his assets and the terms of the Trust, you may be able to collect. Review everything in detail with a local collections attorney or possibly your divorce attorney if that is where the Judgment originated.

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2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

Most likely, yes. Looks like you are judgment proof so they can’t get anything. Just be sure you keep it that way and you should be fine.

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2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 13, 2022

If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »

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1 Answer | Asked in Bankruptcy and Collections for Maine on
Q: Can a debt collector leave a detailed voicemail on someone else’s phone, who is not a family member or spouse?

The debt collector said “this message is for *my name* if this isn’t *my name* please disconnect.” However, you can see the full message with visual voicemail and who would actually stop listening to a voicemail left on their phone. Then they stated their name, that they are attempting to... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. They cannot.

2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 11, 2022

Yes it's possible. She hasn't made all her payments; she's missed 3. If you want to make certain that nothing happens to mom, make the payments on her behalf.

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2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 11, 2022

Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by

allowing a security interest to be placed on the property or by delivering the property to a...
Read more »

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