Get free answers to your Collections legal questions from lawyers in your area.
I signed a coaching contract to have someone come in and help me with my business. I put down $1800 in 2/16 and the plan was to start 4/16 and make two more payments of $1800. I kept getting sick and couldn't work enough to cover this and had lots of stress and anxiety. I just found out my... View More
answered on Aug 16, 2016
The terms of cancelling contained in the agreement are important. The terms about performing under the contract are also important. One would need to read those to see how they affect your case. However, you still may have the defense of frustration of purpose, meaning that an unforeseen event... View More
It was a rental car under my moms name, was told I was put on the contract but never was. They served my old boss and left the papers on my desk, until I found them one day.
answered on Aug 12, 2016
Hello. You need to defend against the lawsuit. If you were served with the lawsuit, then you have only a short amount of time to file a response with the court. You need to file a response to the lawsuit so you can defend yourself against the allegations and liability.
answered on Aug 3, 2016
Meet with the attorney.If you can't then there is a fee dispute resolution committee of most bar associations. Contact the County bar association for your county.
I challenged the billing within 45 days, but ER claims they were justified in additional charges, albeit never authorized by me.
answered on Aug 9, 2016
Yes, you can fight the costs, especially if you legally did not authorize them. At the very least, they should supply you with an accounting of the fees.
answered on Mar 12, 2017
The owner can report this as a crime of theft. 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... View More
I was laid off in 2012. I continued to pay all debts until approx Jan 2016 when I ran out of money (including liquidating all retirement savings). I have been on disability since June 8, 2015. I was granted Social Security benefits - my only source of income - in July 2016. I have no car, no real... View More
answered on Aug 9, 2016
It is better to get out ahead of them. While SSI & SSDI direct deposits are exempt, that will not necessarily prevent a judgment creditor from trying to collect against them and forcing you to explain why they are exempt.
answered on Aug 9, 2016
You do not need an attorney to file your answer, but it helps. You can visit legal self help at the courthouse for assistance in preparing your answer in "pro per." The answer can be as simple as a form, but you need to make sure you complete it correctly, serve a copy on the plaintiff,... View More
We only didn't pay for the last month of rent. I moved out a couple weeks before they did. and moved to another state. They did serve eviction papers, but they did not move out. The other people got served court papers, I did not. I just received a letter from lawyer stating that the court... View More
answered on Jun 10, 2016
If you vacated the property prior to the eviction and notified the landlord, you should not have been included in the eviction (unlawful detainer) judgement. However, as a co-lessee you are severally and jointly liable for any money judgement for unpaid rent. However, you do have a right to recover... View More
They went out of business and their accreditation wasn't good what can I do?
answered on Aug 11, 2016
Yes. If it is a federal loan, the Federal Department of Education is establishing a process for you to submit a claim for forgiveness on the grounds that school misrepresented itself to you or otherwise defrauded you into taking the loan. The department of education website has more information... View More
answered on Apr 23, 2016
I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
Was sued by a lawyer of a debt collector in November 2015 for a debt of approximately $2900. Was served by a third party in January 2016. To date, I have not responded to suit, as I was locked in depression and mental health issues at the time. Now that I am in a somewhat healthier space (by way of... View More
answered on Aug 11, 2016
Hello. If you were sued in Los Angeles County, you can check the status of the lawsuit on the court's website. On the site, hover the cursor over "online services" on the menu, then scroll down and click on "case summary." From there, you can use the case number to search... View More
answered on Aug 11, 2016
Hello. Did you know about the lawsuit, or did you only learn about it once they started garnishing your wages? The plaintiff is required to give you proper notice of the lawsuit so that you can defend yourself. If they did not do that, and you have proof, then you possibly can undo their victory... View More
My wife was added onto her mother's US Bank checking account. The intent was for my wife to be an authorized signer while my mother-in-law had surgery. Six months after my wife was added, my mother-in-law opened a line of credit and used it to pay medical expenses. My wife was not informed... View More
answered on Aug 11, 2016
This is something you can fight. You will need to review the terms and conditions your wife agreed to when she was added to the account. You also will need to review the terms and conditions of the agreement for the line of credit. Do not just accept the bank's oral representations to you.... View More
Can I use the American Judicial system to help me even if I am Non citizen and live in a foreign country.
answered on Aug 11, 2016
Yes, you can sue the American citizen in the state where he lives. You will need to work with an attorney in the state where you plan to file suit.
My car payment was 10 days late, when my car was repossessed. The company later got a judgment against me, but I was never served papers and never given the opportunity to defend myself.
answered on Aug 11, 2016
Yes, there is something you can do. But you have to act quickly. The creditor must properly serve you with the lawsuit before it can get a judgment. If you never were served with the papers, and you did not learn of the lawsuit in time to defend, then you can try to vacate the judgement.... View More
answered on Apr 6, 2016
It depends on a number of factors as to whether you can get your money back. As an attorney the first thing I would want to know is whether this person is filing a Chapter 7 or a Chapter 13 bankruptcy.
If filing a Chapter 7 Bankruptcy, and the Debtor has assets or makes to much money to... View More
I am a judgment debtor in Anaheim, CA. I am trying to satisfy a judgment for a unlawful detainer from a few years ago. The judgment creditor no longer has the same attorney that handled the case. The judgment creditor is in the process of trying to contact their current attorney, and as I am the... View More
answered on Aug 11, 2016
If you are representing yourself, then you can contact their attorney directly; there is no need to go through the judgment-creditor if you are representing yourself. If you pay the judgment in full, the judgment-creditor must file the acknowledgement of satisfaction of judgment with the court... View More
my employer is based out of state but i reside and work in ca. can they still enforce a wage garnishment
answered on Aug 11, 2016
Yes, if your company maintains a presence in California (such as Human Resources or Payroll Dept.) or issues payment here using a California payroll processing company, then they can garnish your wages. You can try to settle the judgment, or if there is a problem with the judgment, you can attack... View More
The Respondent receives SS disability. Please explain. If Respondent dies, his new wife and new children will have to pay what he owed? Is there any law, that allows Court to sanction, condition of future income?
answered on Mar 6, 2016
Yes, the court can sanction you conditioned on your future income. It is inherent in the court's power to sanction parties.
If you die, your wife and children are not responsible for your debts, your estate is responsible for those debts. In a probate of your estate, the creditors of... View More
Husband had mortgage with wells fargo. I had an account with them and a credit card. Husband could not afford to make mortgage payment so wells fargo charged me on my credit card for it. This all led to a chain of events with us finally loosing our house and being sent to collection for this.
answered on Aug 11, 2016
Unless you authorized them in your credit card or mortgage agreement to process that payment, then no. Bank contracts sometimes have clauses in them that say you authorize them to make certain payments on your behalf if certain conditions are met. This may be what happened. But you need to make... View More
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