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Iowa Collections Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

James L. Arrasmith
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answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit....
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1 Answer | Asked in Personal Injury, Foreclosure, Arbitration / Mediation Law and Collections for Iowa on
Q: I need a lawyer to deal with a bank who's practices are questionable they're trying to repossess my house

They went and took everything out of my checking account trust me out on the road with no money I've been in contact with him all the way through they want everything in many position where I can't work with them anymore I feel when they willfully and deliberately set out to break me and they did

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2023

An Iowa attorney could advise best, but your question remains open for five weeks. I'm sorry your question went unnoticed. You mention that you need a lawyer - this forum is not set up like an attorney referral service. Attorneys here can't offer their services. You would need to reach... View More

1 Answer | Asked in Traffic Tickets and Collections for Iowa on
Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP

I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do

T. Augustus Claus
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answered on Oct 13, 2023

Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not... View More

2 Answers | Asked in Contracts and Collections for Iowa on
Q: Is a gentleman's handshake legal in Iowa? We sold a truck to a friend and have not received ful payment. what can we do?

My husband sold his truck to a person that worked for us and trusted he would pay us back. No paperwork was signed and we haven't received a "payment" in months. He has done a few hundred dollars worth of work for us but now isn't answering phone calls or texts. Do we have an... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

An Iowa attorney could advise best, but you posted two weeks ago. In general nationwide, verbal contracts can be enforceable. However, some contracts by their nature must be in writing to satisfy requirements under the statute of frauds (such as contracts for goods over a certain amount, real... View More

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1 Answer | Asked in Bankruptcy and Collections for Iowa on
Q: Faltered on auto loan, not my vehicle, company filed lien on me,options?

Girlfriends vehicle what options do I have regarding responsibility or bankruptcy

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 27, 2023

Much of the best answer depends upon whether/what docs you signed regarding the auto loan.

That the auto loan lender "filed a lien" against you strongly suggests that you signed some form of personal guaranty of payment on that loan. If so, and the loan is in default, the lender...
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1 Answer | Asked in Consumer Law and Collections for Iowa on
Q: Can a Collection agency charge interest in Iowa on a medical debt that has no interest in the billing contract?

They have served me papers including interest and fees.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 24, 2023

Maybe. Prejudgment interest can accrue at a statutory rate on the amount owed. An Attorney would have to review the complaint.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Iowa on
Q: I filed chapter 7 last year, final. One creditor refused to be notified over phone, called me many times during

All other creditors took filing and attorney info over the phone (call recorded by me). Bankruptcy had been final for a time when the bank in question FINALLY took the attorney's information OVER THE PHONE! While it was happening I researched the number (would not answer it, as it was... View More

Timothy Denison
Timothy Denison
answered on Aug 6, 2022

You should sue them or at the very least bring contempt proceedings against them for violations the stay.

1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Iowa on
Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).

I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... View More

Michael Hales
Michael Hales
answered on Jun 5, 2019

If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Iowa on
Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?
Timothy Denison
Timothy Denison
answered on Apr 16, 2018

If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.

1 Answer | Asked in Car Accidents, Collections and Small Claims for Iowa on
Q: My husband owes $6,000 due to a fender bender in Washington State. How do I start a payment plan to get that paid back?

They suspended his licence too. Need to get that back

Peter N. Munsing
Peter N. Munsing
answered on Apr 16, 2018

Did he have insurance? If so that should cover it. You need to talk to someone who hanldles suspensions to see what his options are.

1 Answer | Asked in Civil Litigation, Insurance Defense, Collections and Personal Injury for Iowa on
Q: Does Iowa have a code for time it takes the defendant’s insurer to issue the settlement check.
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Aug 31, 2017

There is no set time, although it is normally done within a week. Of course the time depends on the terms of the settlement, the signing of paperwork, modification of the terms stated in the paperwork and the type of settlement. Is it for property damage, car rental, medical expenses, an annuity or... View More

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