Also what if the defendant tries to settle out of court but plaintiff refuses.
answered on Oct 14, 2022
Depends on what you mean by "slander" and "harass", both of which have legal standards and definitions that may differ from what you interpret those words to mean.
There is no obligation to settle out of court. Courts exist for when people disagree.
answered on Aug 5, 2022
Ordinarily, the person collecting should file a satisfaction of judgment with the court; the judgment itself is not removed from the court record.
On March 1 2022 Judge Finch dismissed this claim. for the past 5 months this ruling is under legal review by PUA while their collections department is now threatening wage garnishment. I have tried without success to get this matter resolved. Collections refuses to stop harassing me. Shouldn't... Read more »
answered on Jul 20, 2022
Probably. Assuming the dismissal was with prejudice and you are no longer responsible for the alleged debt. I suggest you contact a debt defense lawyer to review your legal options.
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 »
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 »
I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... Read more »
answered on Jun 6, 2022
Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.
You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an... Read more »
My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... Read more »
answered on Apr 13, 2022
I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... Read more »
Our adult son has a medical bill that was put on hold until a discount was discussed. He is self-pay. He never received a call from the person to negotiate and the bill was sent to collections.
answered on Apr 11, 2022
I assume a debt collector has called you or sent you a dunning letter. If you received a letter, I suggest you dispute that letter in writing. Send a dispute letter by certified mail to the debt collector with as much detail as possible.
Keep in mind the time period before unpaid medical... Read more »
answered on Feb 19, 2022
Probably. It's likely a collection agency that purchased the debt. You may have a statute of limitations claim.
Nothing has occurred yet, but I have gotten myself into a tough situation and am making sure I'm informed on the potential consequences.
answered on Feb 11, 2022
Yes, generally you can pay off the lien. Whether you can make payments will depend on the creditor.
I am a collector of police memorabilia I collect badges license plates patches anything that has to do with police there are a lot of collectors out there and that's what we pretty much do and then we sell or we trade etc
answered on Jan 18, 2022
Legal? Probably no different than collecting any one else's license plate. What purpose would it serve though?
answered on Jan 6, 2022
Assuming it's small court...no attorneys are allowed. You'll have a hearing - maybe with a judge / probably a magistrate or referee, depending on how that particular court is structured. From there, it will look a lot like what you may see on those judge TV shows (without the drama and... Read more »
we had agreed to pay 50% on copays for our son's health care costs. My ex-husband is the insurance carrier. Our son is now 18 and in college. He recently got some dental work done and because the dentist office always had sent the bills in my name, they sent the bill to me. I am now re-married... Read more »
answered on Oct 11, 2021
The dentist office will continue to seek collection from you. I would let the dentist office know that your son is over 18 and that you are no longer responsible for any bills in the future, and that they should collect whatever co-pays or anything from your son directly.
I don't know what it is for and they are about to take money from me for I don't know what. It is from VA and I haven't lived there for six years. It looks like it is about an apartment complex in Hopewell VA but I never had an apartment in Hopewell. What am I supposed to do since I... Read more »
answered on Jul 27, 2021
On the paperwork received, there should be a case number and court identified. Contact that court to find out what's going on. If they are garnishing, that means they already have a judgment against you (a court order that you owe them money) - it's likely a default judgment (entered... Read more »
He was summons today for the remaining balance of the vehicle. It was sold after repossession at an auction. I am responsible for the debt and I want to take care of it. He has a family and I don't want to create a financial hardship on him. Can I respond to the summons asking the court to... Read more »
answered on Jun 1, 2021
He has to respond. He can ask to substitute you, but as you defaulted which is why they are going after him, they may say "naaaah--we want him!"
Now, they may agree to make a payment schedule but before he signs off, is the group coming after him the same people you signed a loan... Read more »
I only had unemployment and child support in my bank account when the debt collector put a hold on my account. Are they are to take the funds?
answered on May 14, 2021
I'm not entirely sure, but the burden will be on you to convince a court that those funds are protected from seizure. That is a difficult argument to make when multiple funds are commingled into one account and then seized.
Now I'm threaten with jail time.
I'm unemployed unable to collect covid unemployment so I'm screwed
answered on May 10, 2021
The child living in Michigan has nothing to do with your child support obligation. You are ordered to pay a certain amount unless modified legally. Once arrearages accrue, they don't go away.
I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?
answered on May 10, 2021
You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.
All you can really do is keep trying... Read more »
Can a defendant file a motion for summary disposition before default has been set aside?
If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?
I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.
answered on Jan 10, 2021
Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."
Good luck. www.ProvenResource.com
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