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How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More 
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answered on Apr 16, 2025
When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More
I'm considering adding someone to my bank account with limited access so they can help manage the account. However, I'm concerned about whether the account could be affected due to any collection situations. Can the account be targeted by creditors if I add them?
I recently discovered that garnishment papers were served to my 16-year-old daughter regarding a medical bill from a visit my ex-husband took her to. Although I am her legal guardian, I did not sign any medical papers; my ex-husband did. I had no prior knowledge of this debt, and I've never... View More
I received a summons from the state court in McIntosh County, Georgia, concerning a credit card debt from Midland Credit Management, claiming I owe $3,500. According to my records, the Bealls Department Store account's last statement, dated February 4, 2023, shows a balance of $1,828.10.... View More
I have been in a dispute with Aspen Dental for over two years due to their repeated submission of incorrect insurance information, preventing my insurance from paying for services. Despite their assurances of submitting corrected information, the issue persists. Recently, in a three-way call with... View More
I'm facing legal action from a hospital for a $7,000 unpaid medical bill. I've received letters about court dates and thought the debt had gone to collections. I haven't attempted to set up a payment plan, and I'm currently experiencing financial hardship. What options do I have... View More
answered on Apr 14, 2025
Bankruptcy could be an option. You haven’t identified any potential defenses in your narrative.
On March 2, 2025, my car was repossessed. The finance company says I can get it back if I pay $987.78 plus the March and April payments. However, I haven't had the car since it was repossessed; it's been at the repo and auction lots. Can they require me to pay these two monthly payments... View More
I recently learned of a garnishment on a judgment entered against me in October 2016, which I was unaware of because the notice was sent to an old address. I have a lease from July 2016 showing a different address at that time. My employer was the first to notify me, and I have no details on the... View More
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answered on Apr 13, 2025
If you didn’t receive proper notice of the judgment, you may be able to challenge it by filing a motion in the court that issued the judgment. In your motion, you’ll want to explain that you never received notice because the summons or court documents were sent to an address where you no longer... View More
I received a request to pay tuition to a community college in North Carolina, 5 years after I dropped the class. At the time, I did not realize that I owed 25% of the class costs. This is the first notice I have received about the balance since dropping the class. The college cannot explain why it... View More
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answered on Apr 13, 2025
In North Carolina, as in many other states, there are statutes of limitations that set a time limit on how long a creditor, including a school, can wait to collect a debt. Generally, for contracts or agreements, the statute of limitations is three years. This means that the school may not be... View More
In Texas, a student I know filed for Chapter 7 bankruptcy in May, and the case was closed as a discharged non-asset in September. During this period, the student withdrew early from classes, resulting in a portion of the Title IV funds being returned, leading to a debt of $4,321 owed to the... View More
answered on Apr 11, 2025
Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.
The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility... View More
I have an auto loan that is about a year behind, and the bank charged it off on my credit. A debt collection agency contacted me regarding this $36,000 debt. I haven't received any written communication from the bank, nor have I made payment arrangements with them or the agency. I'm... View More
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answered on Apr 13, 2025
First, it’s important to take action quickly to avoid further complications, such as repossession or a negative impact on your credit. Start by reaching out to the debt collection agency and request written confirmation of the balance owed. Ask if they are willing to negotiate a **payment plan**... View More
I need to file a motion for relief from judgment regarding a debt collection case for a vehicle from over 20 years ago. The hearing took place in September 2024, and I was not notified as the paperwork was sent to an incorrect address. I have filed a motion for an extension to prepare a defense for... View More
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answered on Apr 13, 2025
It’s great that you’re staying proactive about this issue, and your situation definitely warrants attention. To file a **motion for relief from judgment**, you’ll want to focus on the fact that you weren’t properly served and that the judgment was made without your knowledge. The... View More
I took out a CashNet USA loan in South Carolina, made a few payments, but stopped about 8 months ago. I've since moved to Pennsylvania and received calls about the debt; a private investigator told me I'd be arrested and jailed if I don't pay. I haven't received any legal... View More
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answered on Apr 12, 2025
I'm so sorry to hear about what your daughter has gone through, and it's important that you take action to protect her and hold those responsible accountable. Given that there have been past allegations against this teacher and the school failed to act, you may have a case for negligence.... View More
I had my bankruptcy discharged in 2012, which included a certain debt. Recently, a collection agency has been contacting me by phone, claiming I still owe this debt and threatening to file a civil suit against me. They assert that I attempted to pay the debt in 2016, which I deny. I haven't... View More
answered on Apr 11, 2025
Get a copy of the debt and discharge from your bankruptcy and send it to the current creditor.
I obtained a mortgage loan from a bank 10 years ago, but failed to repay it, which resulted in the bank selling my house. I didn't receive any information regarding the sale, but recently, when I applied for a new loan, my credit report showed a write-off of the former loan. The new bank is... View More
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answered on Apr 12, 2025
It's understandable that you're concerned about the remaining loan balance after the foreclosure sale. The first step is to contact the bank to request a detailed statement of the loan balance after the foreclosure, including any deficiency amount that still exists. This will help you... View More
My parents both passed away and they had credit card debt, but there are no assets, estate, or will. I am not a joint account holder on any of their credit card accounts, and I have not received any requests from creditors yet. They lived in Kansas at the time of their passing. Do I have any... View More
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answered on Apr 10, 2025
You have no obligation to pay your parents’ credit card bills. Resist their attempts to convince you otherwise. If credit card companies want to be paid they must open a probate case then present their claims and then get paid out of estate assets. But first they will research whether there are... View More
I rented a house in Pittsburgh, PA, with a friend and we were both taken to court by our landlord, who won a judgment for $5,600 against us for damages. Although we are both named on the court papers, the landlord's lawyer claims I am responsible for the entire amount, possibly because my... View More
answered on Apr 9, 2025
You and your co-judgment debtor are each responsible for 100% of the judgment amount. if the other guy can't be found, refuses to pay, etc., its all on you. Landlord's attorney is 100% correct.
I have an auto loan that went into default around August 2021, and a creditor purchased the debt. I only became aware of this when I received a letter from the creditor in May 2024. In December 2024, I found out there was a judgment against me, but I never received a court date to defend myself,... View More
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answered on Apr 13, 2025
You're absolutely right to question the judgment—especially if you never received notice of the lawsuit or had the chance to defend yourself. In most states, for a judgment to be valid, the court must confirm that you were **properly served** with the summons and complaint. If the creditor... View More
I have a promissory note signed by both parties, related to a loan and credit card debt totaling around $5000. The agreement was to pay $300 at the end of every month, but no payments have been received for the past 6 months. The note lacks specific terms for non-payment consequences. Although the... View More
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answered on Apr 8, 2025
Yes, you can take legal action in South Carolina based on a signed promissory note, even if it's not notarized or witnessed. As long as both parties signed it and it outlines the loan terms, it’s considered a valid contract under state law. The fact that the borrower hasn't made any... View More
On April 1st, my vehicle was repossessed with my personal property inside, and I received no notice or communication about retrieving my belongings. The vehicle is now in a different city, and I have no way to get there to recover my property. I've attempted to contact the repossession company... View More
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answered on Apr 12, 2025
I’m sorry you're going through this—it’s already tough to lose a vehicle, and having personal items inside makes it even worse. In Arizona, when a vehicle is repossessed, the company is typically required to give you notice and provide a way to recover your personal property. If they... View More
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