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Collections Questions & Answers
1 Answer | Asked in Bankruptcy, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: Can I fight judgement interest if I wasn't notified of the judgement?

I received proceedings supplemental in May of this year for $9000 the original judgement was for $6000 dollars. I had no idea about the judgment as I was never served papers and never notified of any judgement against me. Will I be able to fight the interest accrued?

Timothy Denison
Timothy Denison
answered on Jun 30, 2022

If you were not served, yes. Otherwise, likrly not.

1 Answer | Asked in Consumer Law and Collections for Kentucky on
Q: I paid a debt relief company monthly payments for 3 years and none of my debt was paid down. Can I get my money back?

I paid in almost twice my debt and they didn’t settle any of my debt. Payments over $200 month for 3 years. I called the company numerous times and they kept “disconnecting” me so I’d have to call back again and again. I finally called their bank and asked them to send me, in the mail, all... Read more »

Timothy Denison
Timothy Denison
answered on Jun 29, 2022

Most likely yes but you will have to sue the debt relief company.

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.

In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... Read more »

Steven Krieger
Steven Krieger
answered on Jun 28, 2022

You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for California on
Q: A freelance client owes money and won't pay. Can I use equipment I have from their company as collateral?

I performed hourly consulting for a small company. They were developing a drone and paying weekly through upwork. The scope of the project exploded from something simple to developing the whole drone. The initial timeline was three weeks start to finish. Initially my role was limited and clear. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2022

You cannot keep property that belongs to them that they provided to you and which is not your work. If they own the drone, you must return it.

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
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1 Answer | Asked in Civil Litigation and Collections for California on
Q: I won a judgment in small claims court several years ago but the other party will not pay

I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2022

The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »

4 Answers | Asked in Bankruptcy and Collections for Florida on
Q: My mom is being sued by a creditor even though she filed bankruptcy on them almost seven years ago. Can they sue?

The debt is from “Lending Club” but a different company is suing her for that debt. Since she filed bankruptcy in 2016 and it’s been so long since then, can they even legally sue her? Since it’s not even the same company, could they do this? She is being taken to pre-court next week. She... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 22, 2022

Did she get a discharge of her debts or was the case dismissed? Was the debt included in the bankruptcy? Was it a secured debt? If it is a secured debt (mortgage on real estate, car loan), the company can move forward with an action to recover the property. More facts are needed and she should... Read more »

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1 Answer | Asked in Collections for Maryland on
Q: I rec'd a Writ of Summons to appear in district court of Maryland for a debt collection.

The Date Filed: 11/09/2020; Issue Date: 09/08/2021 almost a year later. Is this considered a serious delay that would help my case?

Mark Oakley
Mark Oakley
answered on Jun 22, 2022

Not likely. Delay alone is not a defense. You would have to show some inordinate and unreasonable delay that resulted in actual prejudice to your ability to defend the case as a result of the delay. This can happen in cases where a case is delayed for so log that an essential witness has died,... Read more »

1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »

1 Answer | Asked in Contracts and Collections for Pennsylvania on
Q: Can I revoke Limited Power of Atty with Asset recovery company? They stopped answering questions once I signed.

The tax borough told me they could hold the funds up to three years. I went to them in February 2022 with a notarized letter requesting my funds. They told me they needed it in order to release my funds. The tax borough said check back in a year! I received a letter from this Asset recovery firm... Read more »

David Kennedy Bifulco
David Kennedy Bifulco
answered on Jun 16, 2022

Sounds like you may have been scammed. If I understand correctly this Asset Recovery company had you agree to have the check sent to them so they could cash it and take their fee. You should speak with an attorney and have the agreements and paperwork reviewed. You may be fine, but it also may... Read more »

2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 16, 2022

If your credit accounts are current, of course you can approach the credit card issuers with a request for a lower interest rate, but your chances of success are dim when the Fed is raising rates steeply toward a tentative goal of 5.5% by year's end (that's the prime rate, and most credit... Read more »

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1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me

David Kennedy Bifulco
David Kennedy Bifulco
answered on Jun 16, 2022

Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.

1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on
Q: Can I remove a debt collection charge if I can provide proof that I am not responsible for the debt?

I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 15, 2022

You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.

Assuming that the landlord reports a debt of $35 plus late fee...
Read more »

2 Answers | Asked in Civil Litigation, Family Law and Collections for Florida on
Q: Hello A judge granted me judgement in small claims court. Now I need to collect. What would be the next step

How would I go about getting a writ of garinment

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

This is a specialized area of the law. Look for a consultation with a local lawyer that does collections. As I am sure that you have figured out, having a piece of paper that says that you are owed money is not the same as money in your pocket.

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Virginia on
Q: Can the other women sue for $10k she gave my husband during their affair?

No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?

Steven Krieger
Steven Krieger
answered on Jun 13, 2022

It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... Read more »

4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

Michael Jay Berger
PREMIUM
Michael Jay Berger
answered on Jun 7, 2022

If you no longer live in America, filing bankruptcy in California is not an option for you.

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 7, 2022

It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »

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