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0 Answers | Asked in Collections for Arizona on
Q: Is it legal? The used car dealer says we need to pay additional tax amount on the next day we purchased a car by cash.

We purchased a vehicle 3 days ago at a local used car dealer with cash in full. The next day, they called and said that they forgot to add the city sales tax and we owed them 2.5% of the price of the vehicle. They said the tax we paid covered only the state tax and county tax. We agreed the total... Read more »

0 Answers | Asked in Criminal Law and Collections on
Q: Do I have to return it?
1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »

1 Answer | Asked in Collections for New Jersey on
Q: Does the selling of medical debt to 3rd party collection agencies violate HIPAA? If not, how not?

Doesn’t this give personal medical information to a 3rd party without the consent of the patient?

Leonard R. Boyer
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answered on May 25, 2023

The selling of medical debt to a collection agency or a junk debt buyer has nothing to do with HIPAA. There is nothing in HIPAA about debt collection, so that is why.

1 Answer | Asked in Collections for California on
Q: if a summons was left at my door was I truly served? I live in California.
James L. Arrasmith
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answered on May 26, 2023

In California, being served with a summons typically requires personal delivery to the individual named in the lawsuit. However, substitute service may be valid if the person cannot be personally served and the summons is left with someone of suitable age and discretion at their residence or... Read more »

3 Answers | Asked in Collections for California on
Q: I need to send a subpoena for documents to my bank. How do i do that ?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

On every Superior Court website there is a link to "Forms." You need to go to the Judicial Council forms and get a Subpoena duces Tecum. Every superior Court also has a window for "Self Help" in the clerk's office that can assist you by providing you the forms. but they... Read more »

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1 Answer | Asked in Collections for Nevada on
Q: If a NV Creditor has their Judgment “domesticated” in another state do actions follow the rules & exceptions of NV?
Joel Gary Selik
Joel Gary Selik
answered on May 24, 2023

A judgment domesticated in another state follows the rules of the new state for collection.

0 Answers | Asked in Consumer Law, Family Law, Banking and Collections for Georgia on
Q: Hi, it's been 6 years I defaulted on a title pawn car loan, can my car still be repossessed in state of Georgia?

Does the statue of limitation apply in this matter?

2 Answers | Asked in Collections and Small Claims for California on
Q: statute of limitations on debt transferred to debt collection agency

Hello, I have been served paperwork for a high interest loan that I was unable to pay in the past. The last payment made was on 4/19/2019. Just wanting to see if statute of limitations has passed or if I should go ahead and set up some sort of payment plan. The original creditor is NetCredit and... Read more »

James L. Arrasmith
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answered on May 24, 2023

In California, the statute of limitations for most debts, including written contracts like loans, is typically four years from the date of the last payment or default. However, it's important to note that certain types of debts, such as credit card debt or oral contracts, may have different... Read more »

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1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Knight Adjustment garnished my wages. never served papers. The name is not mine. SS# is. No original debt info offered

Old RC Willey account. $2000 original. Now $21000 They wont return inquiries for help or info.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

Look into filing a motion to set aside the judgment for failure to serve. Review the court file to see how they claim served.

1 Answer | Asked in Collections for Utah on
Q: What irrefutable information must a collection agency have to garnish someone's wages?

My work place has been served garnishment of wages papers. I have been unable to get any original information about the debt from the collection agency. It was not my name on the court paperwork but it was my social security number.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

In order to garnish wages, there must be a valid judgment. Research the court files, mini available online, for cases against you. If you were not served properly with a lawsuit, you might win a motion to set aside judgment.

0 Answers | Asked in Estate Planning and Collections for Alabama on
Q: Dad passed away in MN, had a small check didn't have estate but check says estate. how do we cash this?

In MN an estate has to be $75,000. He doesn't have this and doesn't have an estate. He has one check from a workers comp check that is worth about $13,000. How do we go about getting this cashed. We are also in a different state. Does it need to go through probate or is there a way to get... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
Read more »

2 Answers | Asked in Consumer Law and Collections for Georgia on
Q: Being sued for a debt from a debt collection agency. Probability of them having original contract?

Being sued for a debt from a debt collection agency. What is the probability that the debt collection agency has the original signed contract from whom they bought the debt? Trying to figure out the probability that they can prove that I own the debt.

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2023

Every company has different procedures that make it so the chances they have it are different. Many can access them easily, others cannot.

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1 Answer | Asked in Collections for North Carolina on
Q: Am I obligated to pay for something that a business charged me less for a year ago and is now trying to reclaim the fund

I had received work done on my vehicle from caliber collision under two claims. Geico covered part of the claims and caliber Charge me for the remaining balance. Apparently the lady at the desk made a mistake and didn’t charge me the full amount. Now it is a year later and they are calling me... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 18, 2023

It's impossible to answer this question without reviewing all of the paperwork you signed - repair estimates, invoices, etcetera. Many times with insurance claims, the repair shop includes in the paperwork that you are responsible for anything insurance will not pay for. More facts are needed... Read more »

1 Answer | Asked in Collections for Mississippi on
Q: Received a letter about sons student loans. He has passed away and they are demanding 75000.00 dollars. I don’t have it
John Michael Frick
John Michael Frick
answered on May 18, 2023

Unless you personally guaranteed the loans, just say no.

2 Answers | Asked in Estate Planning, Collections and Probate for California on
Q: 1) Land in the AZ desert worth about $3500. His surviving spouse's income (only Social Security) is about 1/4 of ...

their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?

James L. Arrasmith
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answered on May 18, 2023

In situations involving the distribution of assets and debts after someone's death, it is important to consider the specific laws of the jurisdiction involved, as they can vary. Typically, when a person passes away, their debts are generally paid out of their estate before any remaining assets... Read more »

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2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: Can you sue a Dentist who sent you to collections even though your bill was paid?
Morris Leo Greb
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Morris Leo Greb
answered on May 18, 2023

If the requirements of the Fair Debt Collection Practices Act (15 U.S.C. Sec 1692) were not followed, you have a cause of action.

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