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The individual that signed the promissory note is currently unemployed and is unable to work at this time as he has suffered an injury while on the job. It seems that he does not have any other assets that I can put a lien on at this time.
answered on Dec 12, 2018
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.
The lien would be placed as a means to pay off a promissory note.
answered on Dec 12, 2018
Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.
Bills were from 2 years ago and were sent to a collection agency and now to atty.
I offered to pay in full the amount minus the interest but was told that the collection agency is refusing my offer of 500 less because they want the interest. No judgement has been obtained.
answered on Oct 12, 2018
The attorney can ask for whatever he or she wants in order to settle the case. The incentive for you to comply is to avoid having a judgment on your record. If the attorney is asking for interest it is almost certainly the case that whatever agreement you signed for the medical bills included a... View More 
My husband passed away going on 7 weeks now and In his will he left me the executor of the estate and left it up to me to choose what to do with everything. He was a family physician and I have already taken care of his practice and have sold it. But he left myself and my 2 children with a lot of... View More
answered on Sep 25, 2018
Since you have already met with an attorney you should be asking your attorney these questions. Depending on what type of estate you have opened, your answer may vary.
Got notice of Motion for 41E dismissal today, September 22, and I'm not sure what it means. Can I fight this eviction as I was no longer under a lease or even in the property?
answered on Sep 25, 2018
There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what... View More
Capital one hard and attorney / collection agency and they took out a lawsuit against me and had me served. I submitted a motion for production asking for them to show proof where I signed a contract and other questions. They now have sent a letter to me in the mail showing a balance which is the... View More
answered on Sep 12, 2018
If you are represented by an attorney, and they know you are represented by an attorney, they need to go through your attorney to contact you. Otherwise, how else are they going to contact you.
Based on your commentary, it appears the want to settle with you before the incur court costs.... View More
I requested a letter of validation over the phone. They sent me an email, but it doesn't have a physical address for the collector on it. Things just seem a little off. They are collecting on an old payday/online loan, the lender wasn't licensed to lend in my state, does that void the... View More
answered on Apr 20, 2018
You are right to be wary about debt collectors. There are many unscrupulous and downright fraudulent collectors out there.
Unfortunately there is database of debts out there. If you believe that you legitimately owe this debt and they are the legitimate holders of that debt, by all means... View More
i received a summons from my local court. i am being sued for a personal debt for non-payment. i am on social security disability, and if i understand correctly, my benefits can not be garnished since i have the money deposited directly into my checking account. but, can a judge still force me... View More
answered on Mar 9, 2018
If you are being sued on a debt and you have received a summons you still need to go even if you are on disability, have a limited income or are indigent. You can still be sued even if you are indigent or do not have the means to pay. Do not ignore a court summons. If you are indigent it is most... View More
Dealer never repossessed vehicle, even after I returned the keys and provided the adress to the vehicle. Car shows clean title on vehicle reports but I never received it. They never took me to court over it, nor is it on any of my credit reports. I want to sell the vehicle but don't know what... View More
answered on Oct 24, 2017
This isn't really a personal injury question so take my answer pessimistically. In my opinion you should return the car to the dealership as you've forfeited your ownership of it in exchange for release of either your auto loan or lease obligation. At the very least you need to contact... View More
I received notification from The Debt Masters ( based out of California ). They recently acquired an old debt from Telekom Deutschland; a phone provider I used while stationed in Germany in 2013. To my understanding of German Civil Code BGB Section 195, the SOL has exceeded according to the... View More
answered on Aug 28, 2017
Generally, courts have held statutes of limitations to be laws of the forum, so that statute applied might be from the place in which you are and can legally be sued. It sounds like that's Indiana for you, so you should check with an Indiana lawyer. But, it is reasonably likely that the... View More
I was in an accident involving only myself. My vehicle was then towed. I need to get some of my personal belongings out of the vehicle but the towing company wants to charge me to get my things. Can they do this? I have all the paperwork and the keys to the car.
answered on Jun 22, 2017
If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The... View More
Before I withdrew from school, the college wanted me to stay so they offered to let me do the online adult program. Two weeks before I was to do the online program, they called and said they weren't going to allow me to do it because my advisor didn't want me to. They waited until the... View More
answered on Apr 14, 2017
No, you are the hook for your student loans even if you did not complete your degree. You aren't paying the school at this point you are paying the loan provider. The school already got their money. If payment is an issue you can work with your student loan provider to get onto an income based... View More
answered on Oct 1, 2016
Was it really a Summons? A Summons is issued by a court. It generally means that you have been sued, and it should be attached to a Complaint. Contact an attorney who handles civil cases immediately, as failure to answer a Complaint will result in a Default Judgment. It is also possible that this... View More
I received a notice to appear to answer questions about my nonexempt property subject to proceedings supplement. I am paying a garnishment for one company right now. not sure what can or can not be done and if it is mandatory to go
answered on Sep 24, 2016
It sounds like you may be a defendant in a small claim, upon which a judgment may have been entered, and for which proceedings supplemental to execution are pending. Long story short: yes, you need to go to court. Moreover, get an attorney to help you with this, as you apparently have a judgment... View More
The affidavit of debt states that I made a payment on 2/20/2016 but I did not. Is this cause for the case being dropped?
answered on Sep 23, 2016
Probably not, but it can certainly affect the outcome if the date is relevant and material. NOW, if the debt collector is fraudulently representing to the court that a payment was made in order to get around the statute of limitations, that is very significant! Contact a consumer rights lawyer and... View More
I get paid quarterly and use the money for bills. If they were attaching my paycheck they can only get a percentage. Would that stand in the case of my bank account since I won't get paid again for 3 months?
answered on Sep 15, 2016
A collection agency can't seize your bank account without a judgment and court order. If you are being threatened by a collection agency, you should contact a consumer defense lawyer.
I was sued by an apartment I moved out of 3 years ago. Apparently they had taken me to court and had a judgement entered against me. The court said they served me a notice which I never got. They said I owed them for damages. That debt was sold to a collection agency who is taking me to court based... View More
answered on Sep 13, 2016
You can demand validation of the debt from the collection agency, but since a judgment has been entered against you already, you need to consult with an attorney to contest the judgment itself.
I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More
answered on Sep 21, 2016
Demand validation of the debt. That is your right, and it does not toll the statute of limitations.
I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More
answered on Sep 17, 2016
Yes. Demand verification of the debt. DO NOT make any payments or offer to compromise the debt, because that could reset the clock.
I have a medical bill account with a medical bill collection agency. I set up a payment arrangement 6 months ago. The lady who set the arrangement up with me told me that I can continue to send the payments to the hospital with the new account number and they would apply it to the account. Ive made... View More
answered on Jan 13, 2016
Not sure how this is malpractice, but check with a consumer protection or debtor's rights lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your... View More
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