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1 Answer | Asked in Collections for Louisiana on
Q: What can I do if i have a default judgment against me and i had no type of knowledge of this judgement against.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2024

You need to immediately discuss this with a lawyer in your area. Depending on when the judgment was signed you may have some appellate rights. If the time period has passed for you to exercise those appeallate rights then you have an option or two but it depends on what happened which would best... View More

3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2024

When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.

In that scenario, collections, even small-scale, of amounts which may be owed to the...
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2 Answers | Asked in Public Benefits and Collections for Missouri on
Q: Over the phone I was contacted by a Lawyers Group to offer me a Debt Hardship Program and all my debt would be in litiga

Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2024

What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More

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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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1 Answer | Asked in Collections for Utah on
Q: I’m trying to pay off a debt to a shady collections agency.

I’m trying to pay off the full amount of the debt for 1,703 the debt collecter sent me to their lawyer because I am being sued by them. She said that if I didn’t pay in full by today or Friday that she would charge me an extra fee of $350. I asked if I could get a written agreement saying I... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

This has all the earmarks of a collection scam.

First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and...
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1 Answer | Asked in Banking, Collections and Consumer Law for Idaho on
Q: My car was repo. Because the auto company said I missed a differ payment but my payment wasn't due until March 9 2024

I traded my van in for down payment if I still owed at the time why would they let me take the car and in 1 week they repo it they never sent me notice or anything

James L. Arrasmith
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answered on Mar 20, 2024

If your car was repossessed and you believe it was done unfairly or prematurely, it's crucial to review your loan or lease agreement closely. These documents should detail the terms of your payments and the conditions under which repossession can occur. If your payment was not due until March... View More

1 Answer | Asked in Collections for Florida on
Q: Case File #: ACEUSA-AF03/016240595Balance Due: $980.76Dear Debtor,We are going to file a lawsuit in next 72 hours

at United States District Court 99 E Bro ward Blvd # 108, Fort Lauder dale, FL 33301, United States against your Name and SSN. After giving several notifications we did not received any response from your side. We will consider that you are ignoring this matter and you want to dispute. We are in a... View More

James L. Arrasmith
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answered on Mar 11, 2024

This message appears to be a scam. Here are a few red flags that suggest this is not a legitimate communication:

1. Threatening language: Legitimate debt collectors and legal representatives generally do not threaten immediate legal action without prior communication and an opportunity to...
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1 Answer | Asked in Collections for Utah on
Q: I am being sued by a debt collection what do I do ?

Collection agency hasn’t served me but I know I am being sued. I’ve received papers from lawyers saying they will defend me from them. They only sent me papers of the debt I owe and it is mine for about $1,700 and they said I had until the 24th to respond but they filed a lawsuit. They are very... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 10, 2024

If you settle with them, pay the debt in whole or a reduced compromise amount, get the agreement in writing before payment. Have the agreement provide they must file a dismissal with prejudice.

As to the lawsuit, if not settled prior to the response time you must file your answer with...
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1 Answer | Asked in Real Estate Law, Collections and Probate for Tennessee on
Q: I want my contributions reimbursed. What is the proper legal jargon to file under?

The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?

Anthony M. Avery
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answered on Mar 11, 2024

Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.

2 Answers | Asked in Collections for Kansas on
Q: limited action case from '07. in'14 it says case inactive. this week '24 they garnished my check. is this legal?

shawnee county kansas case number 2007LM020351

its a 2007 case. in 2014 in says case is inactive, then this week in 2024 they garnished my check. is this legal? what can i do about it?

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 8, 2024

This can be confusing, I'll agree. What likely happened is that the creditor obtained judgment against you. When the judgment is entered the lawsuit is over. Judgments are generally valid for a long time, in many states its 20 years. Usually, a garnishment is a post-judgment action - the... View More

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1 Answer | Asked in Consumer Law, Small Claims and Collections for Rhode Island on
Q: received a voicemail saying I was being sued and to call a number.when I call it’s from a loan from 2020

It was from a company called zaca I had a loan for 900

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you're being sued, that generally involves receiving legal papers such as a summons and complaint. If you're the subject of a collection action, that could involve being notified by phone. You'd... View More

1 Answer | Asked in Collections and Contracts for Arizona on
Q: Can a collection agency proceed with a default hearing after a payment arrangement was agreed to and payments were made?

In January, I was served by a collection agency. I contacted them and agreed to a payment arrangement. I’ve made a payment in January and in February, both on time, and noticed that the agency proceeded to file for a default judgment after I’ve made on time payments and agreed to a payment... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 7, 2024

Yes unless there was a specific agreement not to do so. You can file a motion to set aside the judgment.

3 Answers | Asked in Collections for California on
Q: Is there a statute of limitations for promissory notes and personal guarantees for California residents?

I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008

Richard L. Grant
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Richard L. Grant
answered on Mar 6, 2024

Generally, Promissory Note with Personal Guarantee in writing has s Statute of limitations OF 4 YEARS FROM DATE OF Breach/Default of the Note. Usually, the Breach is the date when the note was defaulted, the date when a payment was not made or some term in the note was not performed.

Very...
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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

1 Answer | Asked in Child Support, Criminal Law and Collections for Tennessee on
Q: The TN Child Support Services is taking me to court to file a criminal contempt and for a judgment. What do i do next?

My business that was barely making ends meet; as of Nov2023 I decided to close the business and get a CD Driving job. I obtained my CDL Learners Permit in Nov2023 and discovered in December that I need to let my hair grow long enough to submit a Federal DOT Drug Screen; I had planned to submit... View More

Anthony M. Avery
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answered on Mar 4, 2024

You might want to hire a competent Bankruptcy attorney to file file a Chapter 13 Plan to pay the arrearages over five years. It can save your CDL (which is in jeopardy) and pay off the debt in 60 months.

1 Answer | Asked in Collections and Small Claims for Colorado on
Q: Do I have to pay collections agency legal fees and interest if I paid the debt to the creditor directly?

I received a summons that wasn’t yet submitted to the court, reached out to the collections agency and they wanted $3k for $1800 so I called the creditor and paid them directly and the agency filed the summons 7 days after i paid! Am I still liable if they didn’t do their due diligence for... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2024

You may have a defense to the case as an “Accord and Satisfaction.”

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Banking and Collections for Massachusetts on
Q: Can a creditor for a deceased person take money from a joint bank account

I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?

James L. Arrasmith
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answered on Mar 2, 2024

* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:

* Joint bank accounts typically have a right of survivorship. This means that when one owner...
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2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Likely yes. This is called cross-collateralization. In many secured loans, the collateral is pledged not only for the purchase money loan to buy the collateral (in your case, a car) but also for any other loan made by the lender.

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1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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