Get free answers to your Collections legal questions from lawyers in your area.
answered on Dec 21, 2011
1. They will file the case with the Clerk of the Court.
2. You will be served with a copy of the Complaint
3. Depending on the amount, you will either:
a) have 20 days to respond, or
b) have to appear at a Pretrial Conference.
4. If you do not respond or appear... View More
My husband is being sued in small claims court by a collection agency. I recently cashed in my 401k but have not cashed the check yet. If I deposit it in a new account in my name only at a different bank can the collection agency/courts get at it? My name was not on the original credit card that... View More
answered on Dec 21, 2011
If you name is not in the suit and your husband's name is not on the bank account, it should be safe.
answered on Dec 21, 2011
If your Note provides for a "Late Fee" then yes. Otherwise, not. Generally, the interest is considered the late fee.
answered on Dec 21, 2011
Florida has several “Statutes of Limitation”. Those not referring of real estate are summarized as follows:
A Florida judgment expires in 20 years.
Non-Florida judgment and Bonds expires in 5 years.
Negligence, Paternity, Injury and Contracts expires in 4... View More
answered on Jul 23, 2012
You need to give more facts. It might be a worthless check charge.
answered on Dec 8, 2011
You can chose to file where the property is located, i.e. Escambia County, or where the holder of the property is located.
answered on Mar 12, 2012
You can chose to file where the property is located, i.e. Escambia County, or where the holder of the property is located.
answered on Mar 12, 2012
You have not provided any information regarding anything except the Depo, so I do not know about it being too late for other issues. However, as long as it is a few days before the Depo, it is not too late to hire an attorney to assist you with that.
answered on Dec 6, 2011
Chances are you will not receive anything, however I would suggest you file a Proof of Claim, just in case. If there are administered assets you could receive something, based upon how you rank in priority.
He also borrowered a chainsaw that he was using to clean up his parents yard then return it, he didn't return it he cut trees in his yard and now he says it is way in the back of his storage unit and I'll get in when he moves his things out. Its been 3 years and I need it back as I lost... View More
answered on Nov 17, 2011
Unless you have a lien filed with his attorney, there is a slim likelyhood that you will received any proceeds from the settlement. I would suggest you send him a certified letter, with a 30 day deadline. If payment is not received, then file suit.
answered on Jan 18, 2012
They can still attempt to collect it; however, the Statute of Limitations may have tolled, and they are prohibited for filing suit. This does not mean they may not try though. Also, most items stay on your credit report for seven years.
Do I have to go to court, or if the collection company does not file any else does it automatically become dismissed?
answered on Jan 18, 2012
I would suggest you go to court. If opposing counsel does not go to court, the case will be dismissed. However, if the debt is collateralized or the Statute of Limitations has not tolled, you are not released.
answered on Mar 12, 2012
If you are a Head-of-Household (i.e. got kids), you income cannot be garnished. However, that will not stop them from trying. You must claim the exemption.
They are claiming that i owe them $32,000.
answered on Aug 23, 2011
In this case you should not delay and seek assistance to proving/disproving the total amount you owe, if you even owe the debt.
answered on Aug 23, 2011
Probably yes in particular if you try to collect on an individual.
Collecting a judgment can be harder and is full of laws and regulations that actually PROTECT the debtor, especially an individual.
answered on Aug 10, 2011
Representation by an attorney is not required, however an attorney will be more knowledgeable about the law and be able to apply methods that you are not aware of.
answered on Aug 4, 2011
You might be talking about a constructive trust which would operated as a lien on a property and this will be entered by a judge.
You may also talk about a judgment lien which is registered with the State by the Creditor.
Suprised that Bank garnished $31k entirety of chking & 75% of savings..found that ex-wife had judgement from NH. Had no notice of this or judgement. These were funds obtained from 2 years of Unemployment...that ended last year I'm also on food and medical assistance in AZ and... View More
answered on Jul 18, 2011
Though the case is in Fl, it is NH exemptions will affect the levy. The writer should put his question in the NH section.
I have approx 2k lodged with a mangaement company for looking after my home in Florida, he has closed the doors without notice and will not answer calls, as far as we can tell he has not filed for bankrupcy he has just had enough how do i go about getting my money back
answered on Jul 18, 2011
Review your contract. It should list the method for requesting the deposit. If after following the terms you do not receive the refund you may have to litigate the matter.
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.