Lawyers, Answer Questions  & Get Points Log In
Collections Questions & Answers
0 Answers | Asked in Consumer Law and Collections for New Jersey on
Q: I need help with an old judgement that was dismissed at one point and I was never notified that it wasn't

A judgement against me had been dismissed in 2011 but in 2014 it was brought before a judge again and I was never notified and only found out a few months ago because my bank accounts were frozen. The original judgement for $3100 is now over $6000 and I am trying to find out if there is anything I... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

View More Answers

0 Answers | Asked in Collections for Florida on
Q: I had 2 court dates at the same court house I went cause I knew of 1 but I didn't know about the other

I missed the repossession and the dog bite suite was thrown out.. I asked the clerks if I had court that day and they said No...

1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

0 Answers | Asked in Collections for Virginia on
Q: Isn’t there a statute of limitations for medical bills?

University of Virginia took my state tax refund because they said I have unpaid medical bills from 2005-2016. If I sign into my account it says that I have a zero balance due though.

1 Answer | Asked in Appeals / Appellate Law and Collections for California on
Q: What initial steps should I take to begin the appeals process and dispute the debt?

In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More

1 Answer | Asked in Contracts and Collections for California on
Q: Will my timeshare go away after 7 years in collections? I can't afford to pay or settle
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, debts, including those related to timeshares, typically have a statute of limitations. This period defines how long a creditor or collector has to initiate legal proceedings to collect a debt. For most written contracts, including timeshares, this period is usually four years.... View More

3 Answers | Asked in Collections for Tennessee on
Q: My bank account was just levied for a 18 year old debt I was unaware of. I’m in Tennessee. How do I fight this?

I was never served papers letting me know of this judgement.

Joel Gary Selik
Joel Gary Selik
answered on Mar 29, 2024

Review the court file. See how they claim you were served. Look into a motion to set aside the judgment.

Also, see if renewal was required and if it was done properly.

View More Answers

0 Answers | Asked in Collections for Pennsylvania on
Q: I believe the time limit is beyond past but 12/22/2021 was my disposition date. is there anything i’m able to do?

My car was repossessed 9/29/2020. the court papers were filed it says online 3/21/2021. then notice issued 3/22 etc. it was continues on 4/21. issue was unclaimed by me 4/28. then kept being continued by judge 10/17. i was not given papers directly. someone else took it upon themself to accept... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

Must I appear in court . I expect a default decision against me .

I don't believe that a credit card company can make me pay them.

Am I correct .

Do you have any additional advice ?

Thank You so very much for your help .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More

2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
View More

View More Answers

2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.

Should I appear in court ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More

View More Answers

2 Answers | Asked in Collections for Missouri on
Q: I have a $5,000 court judgment against a company in Howell County Mo. How do I collect?

Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 24, 2024

The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More

View More Answers

2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: I have a judgment for an unlawful detainer action. The defendant has a collection at this time from Chase Bank.

I know I have 10 years to collect. Should I go through the motions when there is very little to collect or wait as I am second in line to Chase who is attaching her wages.

Leon Bayer
Leon Bayer
answered on Mar 21, 2024

The Chase garnishment will last for only 90 days, but it can be renewed. You should file yours now anyway, so that you will be the next in line when Chase's ends. Otherwise, Chase stays ahead of you if you never get to the front of the line.

View More Answers

2 Answers | Asked in Tax Law, Collections and Municipal Law for Connecticut on
Q: I just received a letter from a collection agency for a tax bill from 2009/2010, that I have never been notified of

I had an accountant that was in charge of things, who is now in federal prison and has cost me 22,000 over this time and now I’m looking at another 9,300. Can I do anything? I live in this town and am in there to pay ALL of my taxes a couple of times a year. Not once was I ever told about this

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 21, 2024

OK, well, either you owe the tax bill because the accountant didn't pay it, or he paid it and the government is wrong. The one thing that is clear is that you cannot rely on "my accountant handled it" to avoid paying a valid tax bill. I think the best course of action is to retain an... View More

View More Answers

0 Answers | Asked in Collections for Virginia on
Q: Can I seek financial compensation if a debt collector reported a false collections notice on my wife and I credit report

A debt collector has reported a collections notice on my wife and I's credit report in regard to an apartment fee. The fee was paid almost a year before collections activity started, and even though I told the representatives of the debt collector that their information is outdated, they... View More

0 Answers | Asked in Collections for New Jersey on
Q: Can a law firm send documents to my parents and not me, and still hold me liable for collection court dates?

So I had a collection which got a lawfirm to send all the certified mail to my parents house, which my father who is a Jr. signed for and bypassed USPS getting a signature from him having the same first and last name as me. I received none of the court date requests so obviously I couldn't... View More

1 Answer | Asked in Estate Planning and Collections for Florida on
Q: Florida residents IRA protection

Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Apr 2, 2024

The location of the institution has no bearing on its protection, what is important is your state of residence. Not many institutions are located or headquartered in Florida.

1 Answer | Asked in Contracts, Banking and Collections for Tennessee on
Q: Defaulted on an auto loan, they want to repossess, I have title in hand with no lien holder listed, can they take it?

Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More

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.