Only Bankruptcy enjoins debt collection. Debt Consolidation does not prohibit collection, but only gets the creditors to voluntarily agree to hold off. But if they sue, it is not a defense. Hire a competent attorney to represent you, as obviously you are trying to deal with this yourself.
I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?
Did the creditor win a judgement against anyone with that name at my address or against specifically the person who made the contract. Can I be considered liable for the debt? Do I need to countersue this creditor for the mistake?
You must hire an attorney. Setting aside such a Judgment will be difficult and will require some very precise pleadings. You will have to go to Court and prove you are not the proper Judgment Debtor. Time is running against you.
I have a certified copy of the Missouri judgment. What form do I fill and where do I submit it? Circuit Court personnel will not provide this information, only how much it costs to register the judgement.
Hire a competent TN attorney to Register the Foreign Judgment, as well as looking into the Judgment Debtor. Collections can be a difficult process at best, and impossible in many circumstances. Just localizing the Judgment does not collect a cent.
I received a call stating that a claim would be filed against me in my county and stating my name, they also said that an order to locate would be filed if I didn't contact this 855 number and that my legal rights would be forfeit.
Do you owe someone money? It may or may not be bogus, even if not a proper collection dunning call. Obviously you do not lose legal rights by not calling them back. But if you are served with a suit, inaction will result in a default judgment. Do not know what an order to locate is.
You may have options and defenses. How old is the debt? It may be out of the statute of limitation period. Have you requested a verification from the creditor? Why do you think you do not owe it? You should have your issue reviewed by an attorney to see what options you may have.
It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.
I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »
Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by...Read more »
My court date is soon and I’m anxious over whether I’ll be given the option to pay the debt or if action like wage garnishment will be taken. I think I’ve saved enough to pay whatever court fees I’ll have and enough for the debt itself.
You might check to see if there is an Estate to file a Claim against. Otherwise, you might call the DA and see if there are any remaining paid in funds to receive. Finally you may check to see if the Defendant had assets which would justify a suit for Damages, if within the SOL.
My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »
Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,...Read more »
Can I offer to pay it in full before providing an answer? Will that dismiss the case? I’m so confused about what to do and obviously cannot afford a lawyer. I am wanting to pay in full and avoid garnished wages.
Assuming you were sued in General Sessions, no Answer is needed usually. Hire a competent attorney for a small fee to contact the collections attorney and attempt cash settlement. It is possible the creditor could even stop or improve any credit reports about that debt, and your lawyer needs...Read more »
Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »
If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.
I have a Judgement, just placed a lein on the debtors property. I have a copy of the warranty deed signed over to only the debtor in December of last year. Also I have the TN realestate assessment data with value and descriptions of buildings on that property.
You can request the Clerk issue the Levy, but it will probably cost some money. Your Lien is good 10 years from judgment date, unless extended. The Judgment (certified copy) should be filed in Register's Office where the property lies, so it will then be a Judgment Lien. The Debtor may...Read more »
Yes a Default Judgment is possible against any defendant that does not show. You can cross examine about exactly who is liable on the debt, what payments have been made, etc. The critical legal issue is what you and him own together though, especially real property, for post judgment execution...Read more »
I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?
Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.
I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a...Read more »
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