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Collections Questions & Answers
0 Answers | Asked in Divorce, Tax Law, Banking and Collections for Washington on
Q: Me and my ex husband share a house. He went to prison and owes court fees and lawyer fees. Will I lose my house?

I want to keep the house, but I don’t want them to take the whole house from me since he doesn’t have money to pay them off.

0 Answers | Asked in Collections and Landlord - Tenant for Florida on
Q: Will I get my security deposit back if I settle a disputed debt with collection agency?

My former landlord has kept my security deposit and sent a debt that I disputed to collections. Will I get my security deposit back if I settle the debt with the collection agency?

0 Answers | Asked in Civil Litigation, Collections and Legal Malpractice for Nebraska on
Q: Req. for Sum. Judgment incorrectly claims interrogatories were not answered; complaint is factually incorrect. Options?

Approximately one year ago, I was sued by a collection company over a relatively small (under $1K) medical bill that should have been covered by insurance but wasn’t. I answered the filing with a request for evidence of the debt, and the collection agency tried to intimidate me with a nine-point... View More

2 Answers | Asked in Consumer Law, Tax Law, Banking and Collections on
Q: I cancelled a subscription through PayPal and the provider threatens me with fees

I cancelled a subscription through PayPal and the provider threatens me with fees because i didn't cancel through their website.The website wouldn't allow me to cancel so I cancelled through PayPal and opened a dispute and won it for the refund.And now they are sending me emails to... View More

Emely Elizabeth Cruz
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answered on Feb 24, 2024

I would just ignore it. This is not to say they don't have a case at all. Perhaps there is some legal argument they can use (i.e. provision was in their terms and conditions). However, it seems that they will just demand it, but it does not mean you have to pay it back, especially if they... View More

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2 Answers | Asked in Collections for California on
Q: Dear attorney, would you tell me what form is for civil cases Request for Court Order and Answer? I only found SC-105.

SC-105 is for small claim. I want to add the sole owner of a LLC to the judgment as debtor.

Robert Kane
Robert Kane
answered on Feb 23, 2024

I am not quite sure what you are attempting, but you just can't add the owner to the judgment.

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0 Answers | Asked in Foreclosure and Collections for Arkansas on
Q: I sold my camper,they have stoppedpayingandwontanswerthephone,its been 3 months, can I repossess?

They haven't made a payment in 3 months, on the 25th it will be 4months. They do not answer when I text or call, and they have moved the camper to an undisclosed location, without my permission. I have found out what road it is on, but not the house number (rural-dirt road). What are my rights... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: As the defendant can I file for motion to dismiss after I have submitted an answer to the court in Oregon Circuit Court?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2024

Likely yes, assuming you have adequate grounds and didn't waive your right under Rule 21 when answering.

0 Answers | Asked in Collections for Utah on
Q: If you were sent to collections over the hospital billing insurance incorrectly what is the best steps after disputing

In 2019 my spouse was seen at a hospital in California and the hospital incorrectly billed the insurance and instead of them fixing it after years of fighting with them they sent him to collections. Now they refuse to say they even got a dispute when we have proof it was sent more than once.

0 Answers | Asked in Collections on
Q: YES, HELLO! I NEED AN EXTENTION/ MORE TIME TO PRODUCE DOCUMENTS REQUESTED BY PLAINTIFF. I NEED TO KNOW THE FORM FILE

I STATRTED A NEW JOB AND BEEN IN TRAINING AND WORK 7:30 AM EST TO 4:30 PM EST AND HAVE NOT BEEN ABLE TO SUCCESSFULLY GATHER ALL OF MY DOCUMENTS. TODAY WAS THE LAST DAY TO SUBMIT PER THE LAST REQUEST. IT WAS DATED ON 1/22/24 BUT I DID NOT RECEIVE IN MAIL UNTIL MONDAY JAN 29TH. I WAS NOT SERVED BY... View More

0 Answers | Asked in Family Law, Child Support, Collections and Small Claims for Mississippi on
Q: What do I do if child support is still being taken out months after the parental rights was terminated in a court order?

Signed parental rights away 10 months ago and child support is still being taken out.

2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 19, 2024

Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.

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3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

Leon Bayer
Leon Bayer
answered on Feb 18, 2024

It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More

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1 Answer | Asked in Banking, Civil Rights, Collections and Federal Crimes for Arkansas on
Q: How do I hold a bank liable for money that I reported wasn't authorized but they haven't reimbursed me?

I went to my banks, Regions and First Financial in El Dorado AR., in May of 2021 and told them I had been the victim of data breeches and identity theft in August 2020 and told them there were a lot of unauthorized charges on my account. I signed paperwork at Regions and headed to FFB1, by the time... View More

James L. Arrasmith
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answered on Feb 23, 2024

Facing the challenge of holding a bank accountable for unreimbursed unauthorized charges can be an uphill battle, especially when documentation seems to vanish, and regulatory bodies have not resolved the issue to your satisfaction. It's crucial to persist in your efforts to recover your... View More

1 Answer | Asked in Identity Theft, Collections and Federal Crimes for Arkansas on
Q: I have had my identity and savings stolen from a conman, how do I hold him accountable and get justice for his actions?

In May of 2020 I met a man who was everything I had prayed for. I thought, little did I know it was a game he was playing to wipe me out. I had just been approved for my disability for severe brain trauma and PTSD the very day I met him. In our third date we were involved in a motorcycle wreck that... View More

James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear about this terrible situation. Recovering from identity theft and financial fraud requires assertive action across multiple fronts:

1. Continue working with your banks and credit card providers to document fraudulent activity, ensure your accounts are...
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1 Answer | Asked in Collections and Banking for California on
Q: CA. Wife and father had joint acct. He passed, and the account got levied for debt he owed. Is this exempt, her acct now

California. Wife and her father had a joint account that they both deposited to and utilized. He passed last June, and we just received a notice of levy on the account. The bank is temporarily holding the money for 10 days. It is my understanding that after he passed, the account is now hers, and... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, your understanding is correct. Since the bank account was jointly held between your wife and her now deceased father, once he passed away the account became your wife's individual account by operation of law. Here are the key reasons why the account levy is invalid:

• Under...
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1 Answer | Asked in Collections for Massachusetts on
Q: Can a finance company go after any non-family members for collection of money owed after death?

My sister passed away. She has no spouse or children. She purchased (through Financing) a car weeks before her death. If repossessed, can the finance company go after any monies due to non-immediate family (niece / nephew) beneficiaries of an insurance or annuity policy?

Christopher Tolley
Christopher Tolley
answered on Feb 15, 2024

Insurance proceeds payable to a named beneficiary pass outside probate and are therefore not reachable by creditors. I assume the same is true for an annuity.

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

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1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

0 Answers | Asked in Collections for Colorado on
Q: Can a dental office send me to collection for a bill of my 2 kids that are 22 and 20 years old.

I signed a responsible party agreement in 2018 when my kids were minors, 17 and 15. It's 5 years later, they are now 22 and 20 and went to the dentist. My ex said she would catch up on some money owed me by paying for their dental visit but now denies that. The office is calling me and... View More

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