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2 Answers | Asked in Collections for California on
Q: if there are outstanding toll charges on a vehicle i want to purchase who is responsable for the toll charges if i buy?

what happens to the toll charges after i buy the vehicle?

Leon Bayer
Leon Bayer
answered on Mar 27, 2023

I would not go anywhere near that car. If you are determined to buy it, then do not pay any money until you have seen proof that the tolls and fines are fully paid.

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1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: If my medical debt was "sold" to a collection agency, that agency never sent me a letter

My medical debt was "sold" to a collection agency (the hospital owns the collection agency). I have never rec'd a bill from this collection agency but all of the sudden we rec'v a letter from a lawyer. Do they not have to notify you by mail of the debt? What do you do in this case?

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2023

They are not required to notify you before having an attorney contact you.

You can contest the debt or negotiate a payment.

1 Answer | Asked in Family Law and Collections for California on
Q: Is a court order that says X owes Y $$$K the same thing as a judgment or do I need to turn Order into a Judgment?

California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be... Read more »

James L. Arrasmith
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answered on Mar 24, 2023

In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Florida on
Q: CAN I LEGALLY BE HELD RESPONSIBILE FOR A RETURNED CHECK DUE TO NSF THAT I CASHED AS A MINOR (17Y/O) BY A DEBT COLLECTOR?

When I was 17 years old A relative provided me with a personal check As a gift. And the check was returned due to either non-sufficient funds or some other banking matter from the check writer/issuer's financial institution. A debt collection agency now multiple years later and attempting to... Read more »

Timothy Denison
Timothy Denison
answered on Mar 23, 2023

No. Any action would have to be against the maker (writer) of the check, not the beneficiary. You have no liability o pay this check.

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1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0

The interest was compunded and they stated it would be about 5400.00 judgement

D. Nathan Davis
D. Nathan Davis
answered on Mar 23, 2023

In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2023

This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a... Read more »

2 Answers | Asked in Bankruptcy, Collections and Social Security for Georgia on
Q: A widow being threatened with collections by an adjuster who nolonger wants to work with the lawyer hired.

A widow, whose sole income is social security, hired a public adjuster who nolonger wants to work with the attorney they hired. The adjuster is now putting pressure on her to pay him $12,000 or more. Can she file chapter 7 bankruptcy? If so, will it stop him from taking any further action against... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 21, 2023

The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... Read more »

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2 Answers | Asked in Consumer Law, Collections and Bankruptcy for New York on
Q: I just received in the mail sheriffs income execution.

I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 21, 2023

Judgments are good for 20 years. Your only option is to try to vacate the judgment, which requires a motion. Cost and likelihood of success depend on which court issued the judgment.

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2 Answers | Asked in Consumer Law, Collections and Bankruptcy for New York on
Q: I just received in the mail sheriffs income execution.

I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... Read more »

Carl Nelson
Carl Nelson
answered on Mar 23, 2023

You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.

Barring a vacatur of judgment, you could contact (personally or through an...
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1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: salemans modified cancelled contract, forged name, then file with collections agency..what options to stop collections

A salesman came to my son's home Nov 29th, demonstrated vacuum cleaner. Purchased, signed contract...had 3 days to cancel contract. Dec 1st he cancelled contract, salesman came picked up vacuum and took all paperwork including his copy of the contract stating he didn't need it anymore.... Read more »

Maria T Patente
Maria T Patente PRO label
answered on Mar 20, 2023

Yes, your son could pursue a private right of action under the Virginia Consumer Protection Act. In these cases, any intentional or willful actions that violate the act enable the Plaintiff to recover treble (triple) the damages and attorney fees. The Virginia Consumer Protection Act creates a... Read more »

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: What should I expect when I go to the county sherrif office for a writ of execution? I have no money to pay the judgmen

Judgement. I live in NC. My house and car are exempt. I have no savings and nothing of value. I have no bank account. I receive paper checks. I am in no position to pay or to agree to a payment plan at this time.im not concerned with interest because i am debating on claiming bankruptcy in the... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 20, 2023

The answer depends upon whether or not you timely filed a Motion To Claim Exempt Property to claim the exemptions in your house and particularly in your car. If you did timely file that Motion, just speak to the Sheriff and explain your situation. Most likely, the Sheriff will just return the Writ... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Small Claims for California on
Q: I won small claims against car wash.

Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:

Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the...
Read more »

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1 Answer | Asked in Collections for Arkansas on
Q: Can a collection company charge attorney fees if you haven't been in court over a debt?
Joel Gary Selik
Joel Gary Selik
answered on Mar 17, 2023

Yes the are allowed to if it is the signed contract, which it usually is.

2 Answers | Asked in Collections and Small Claims for Florida on
Q: I missed a pretrial conference and had a judgment entered against me in small claims court. This is for assumed cc debt

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... Read more »

Barry W. Kaufman
Barry W. Kaufman
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...
Read more »

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2 Answers | Asked in Business Law, Civil Litigation, Collections and Consumer Law for California on
Q: Can I sue a Debt Collection Agency acting as a Lien Enforcement Group that is violating FDCPA daily?

I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.

James L. Arrasmith
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answered on Mar 15, 2023

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in certain abusive, deceptive, or unfair practices when attempting to collect a debt. If you believe that a debt collection agency is violating the FDCPA, you may be able to sue them in court for... Read more »

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2 Answers | Asked in Contracts and Collections for California on
Q: In CA, can an accountant whose trial report was never used, put a lien on settlement $, on case settled before trial?

We settled before the trial, I was the plaintiff. and proceeds won't be available for 6 weeks...The fee for the accountant's expert damages report (that was never used anywhere), is over twice what it would normally cost. He wants to put a lien on the settlement proceeds...can he do... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

In California, an accountant generally cannot put a lien on a settlement unless they have a written agreement with the client that provides for a lien or they obtain a court order granting them the right to do so. This means that if there is no written agreement between you and the accountant that... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Collections for Missouri on
Q: Is there a way to respond to an alias summons? I just got served papers today for a court date that is 10 days away.

The summons is from Gamache & Myers for World acceptance corporation, AC Breach of Contract. Apparently they've been trying to serve me at an old address for like 6 months. It's from a loan that I supposedly took out in 2016, which attached is the unsolicited check I apparently... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2023

Why they waited is irrelevant. Unfortunately, a lot of interest can accrue in 6 years. If you were served then you need to appear in court or hire an attorney to prevent a default judgment. You can submit written discovery to learn the facts and supporting documents, if any.

1 Answer | Asked in Employment Law, Tax Law, Business Law and Collections for New York on
Q: can the dept of labor come after me personally for judgement against non operational s corp in NYC?

I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 12, 2023

You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.

1 Answer | Asked in Collections and Consumer Law for California on
Q: what is the statute of limitation for a collection agency who took on a denied and dismissed UD, and i disputed/correcte

going thru 2 years of a malicious

landlord ex. last he falsly reported me and added 5 others to pay him for eviction aftermath and mayhem. during covid, noone was evicted his ud denied. yet he filed a 39,000 demand to col AGENCY. CAN I SUE COLL AGENCY, I ALREADY TRIED sc COURT HIM.

James L. Arrasmith
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answered on Mar 11, 2023

The statute of limitations for a collection agency to sue you for a debt in California is typically four years from the date the debt became due and payable. However, the specific time limit may depend on the type of debt and the circumstances surrounding the debt.

In your situation, if the...
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1 Answer | Asked in Contracts, Copyright, Collections and Entertainment / Sports on
Q: Can I make a clothing company called silly goose mfg

It would be a drawing of a goose participating in random activities

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 7, 2023

This is a trademark question.

There is a pending "intent to use" application to register SILLY GOOSE for apparel.

You will also find SILLY GOOSE apparel for sale on Amazon, so that seller has priority of use. I would not have high expectations that you would succeed with this mark.

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