Get free answers to your Collections legal questions from lawyers in your area.
today January 13, 2017. This is the first time in over 20 years that I have ever seen anything is this legal after 20 years?
Amount 157,803.63
answered on Jan 14, 2017
Perhaps they were making reasonable efforts to serve you. There may be issues with trying to collect on this judgment though, e.g., statute of limitations, laches, etc.. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More
I have a US District Court money judgement, payable to me, that I am trying to collect. Can I bring the collection effort from the US District Court (located in CA), to the local State Superior Court (also in CA) for purposes of collections - for judgement debtor examination,writs, etc? I read... View More
answered on Jan 12, 2017
One can typically file a new collection action in state court and file the federal court judgment as proof of right to collect, but it depends on the specific facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More
Is it my responsibility to pay this back? I used my Hertz company corporate account at the time of my rental and I was gainfully employed with this company at the time. I was assigned by my previous employer to rent this vehicle for a business trip and my personal credit card was not used at the... View More
answered on Jan 11, 2017
You'd have to look at the paperwork. Start by keeping dealings to the formal hard copy. That slows things down, makes you think. Depending on the amount of the bill you may want to consult a consumer attorney. Www.naca.net
It says there's 30 days to respond but obviously that has passed since they just served me yesterday. What am I supposed to do now with this?
answered on Jan 6, 2017
A defendant typically has 30 days to respond to the complaint from the time they're served with the summons, as the summons should say on page 1. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More
The court documents have $2864 entered as judgment, I have offered $2800, but that was rejected. The collector wants $3200 and are going to garnish my wages, I want to settle before this happens.
answered on Jan 2, 2017
It's voluntary for the creditor to accept a settlement offer, so there is no way to per se force somebody to settle. Negotiations is part science and part art. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More
I understand that in order to add a new defendant to a judgment:
" requires that the new party be the alter ego of the old party and (2) that the new party had controlled the litigation, thereby having had the opportunity to litigate, in order to satisfy due process concerns."... View More
answered on Jan 18, 2017
Adding a defendant to a lawsuit differs from trying to use a default judgment against an unnamed party to the underlying lawsuit. Due Process must be upheld. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More
3rd party medical care company says they can arrange for medical care of seamen at a discount to hospital rates if we use them to arrange for medical care of the clients we handle, in this case seamen (crew members on container vessels who need medical care during their port stay). 3rd party... View More
answered on Dec 21, 2016
You'll have to gather proof of all related contracts, payments, and bills. An attorney should cleanly communicate such information to the collection agency for resolution. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More
What if i missed a court date in a civil case filled by a collection agency And now theres a judgement of $5000 against me..but i couldn't go because i was in prison for another case..Can i ask for a new court case?
answered on Feb 5, 2017
If you file a timely appeal, you may be able to vacate the judgment for these reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
I received notice via 3rd party (not subpoena) that a suit had been filed against me in the LA County Superior Court. I have no idea what the lawsuit is about, but the Case Type is listed as OTHER PERSONAL INJURY (Limited Jurisdiction). What type of suit would this be?
answered on Dec 3, 2016
You should read the Complaint which should be available at the Court Clerk's Office; and you should be timely served with a copy of it by the opposing party. Limited Jurisdiction refers to the ceiling on the amount of damages. See for example:... View More
We are in California.
The bill is from a stay at a nursing home in 2013. They didn't send us the bill until late 2014. We have not paid the bill, as they are charging us for equipment that my dad did not use. We feel that what they are doing is completely illegal but do not know what... View More
answered on Feb 5, 2017
Debts incurred during marriage are considered community debts, generally. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
answered on Feb 5, 2017
A lawyer may not be required but preferred. But if you're a corporation, then a lawyer would be required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
I owe about $15000 on a Visa card(loan account) the monthly payments were $450/month;last year I had a severe loss of income (I work as a freelancer) so called the bank and asked if I could pay less per month until my situation would change;the bank manager agreed to $150/month instead of $450. I... View More
answered on Feb 5, 2017
You might have a defense if the bank is reneging its agreement to accept lower payments from you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
After some time, my card expired and when they ran it, the payment was refused and they sent it immediately to collections. Can they do that?
answered on Feb 6, 2017
Did they provide you any notice of the payment that was due? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I was awarded sanctions (attorney fees) from the federal bk court, after someone sued me (in state court). By suing me and maintaining the suit, they violated the injunction against the collection of discharged debt. Now I am trying to collect these sanctions and *surprise* they are not paying.... View More
answered on Feb 7, 2017
If the defendant is not obeying the court order, you can file a motion for contempt in the same court that issued the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
answered on Feb 8, 2017
Were you a co-signor on the loan? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
answered on Oct 4, 2016
You won't go to jail. However, if you have been served, you likely have been sued. You need to defend yourself in that suit or you could lose and have a civil judgment for $5K entered against you. You could then have your wages garnished, assets seized, etc in order to pay off the $5K.
I plan to return to Malaysia on holiday next month. I am curious if banks can flag my passport when I try to re-enter in order to collect the amount owed. It has been over 2 years since I left.
Thank you.
answered on Sep 10, 2016
How does this question involve California law? If the money you owe is in Malaysia, it seems like you need to direct this question to someone who is familiar with Malaysian law and what banks there are and are not allowed to do.
answered on Feb 16, 2017
See: https://dockets.justia.com/search?query=Vanderbilt+Mortgage+and+Finance+Inc
Also check the dockets of your local county court and the CA Supreme Court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
My car was repo'd; I knew I was behind and did contact TFS, to get a payment plan and they said no; they weren't very helpful. The last time I called TFS on August 12, I said that I hadn't been paid yet. I was due to be paid on the 19th & I told them, I was actively looking for... View More
answered on Feb 16, 2017
You may be able to reach out to them to negotiate a payment plan. Are they suing you to collect? Or is there a collections agency seeking payment? If there's an agency, you may try to negotiate a payment with them for full settlement of the debt. It's best to have a lawyer handle that so... View More
answered on Aug 28, 2016
You would sue "John Doe, Administrator of the Estate of Jane Doe."
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.