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I only had unemployment and child support in my bank account when the debt collector put a hold on my account. Are they are to take the funds?
answered on May 14, 2021
I'm not entirely sure, but the burden will be on you to convince a court that those funds are protected from seizure. That is a difficult argument to make when multiple funds are commingled into one account and then seized.
I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?
answered on May 10, 2021
You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.
All you can really do is keep trying... View More 
Now I'm threaten with jail time.
I'm unemployed unable to collect covid unemployment so I'm screwed
answered on May 10, 2021
The child living in Michigan has nothing to do with your child support obligation. You are ordered to pay a certain amount unless modified legally. Once arrearages accrue, they don't go away.
Can a defendant file a motion for summary disposition before default has been set aside?
If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?
I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.
answered on Jan 10, 2021
Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."
Good luck. www.ProvenResource.com
This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... View More
answered on Jan 6, 2021
You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... View More
I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... View More
answered on Jan 4, 2021
You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... View More
I co-signed for a car for a boyfriend in 2000. Repoed in 2002 and know there hasn't been a single pmt made since then. I did receive a letter every few years about collections but ignored it as I couldn't pay it. Last week I get a paper from law firm saying the 4k is now 9k and notice... View More
answered on Dec 21, 2020
A 2004 Judgment may seem old, but creditors are permitted to "renew" a judgment. This is probably what happened in your case but you have to do some research and check the court record. Can they do this so many years later? Yes - probably. You need to get a copy of the "register of... View More
The debt is from a credit card he opened in 2014. He lost his job. Wasn’t able to pay his payments. He got another job minimum-wage basically not much more was not able to make the payments. Received notices of debt collection. He joined Navacore so that he could make payments within his... View More
answered on Aug 7, 2020
When dealing with collection suits, the debt collector generally is going to try to get a judgment which will allow the creditor to collect the judgment from future income and assets. There are ways to settle such suits, either through paying a lump sum of money payable in a relatively shorter... View More
I need to file a request and order to seize property on two small claims court judgements. Am I able to do that thru mail?
answered on May 15, 2020
Yes, you should be able to do so. Complete the appropriate court form and send it in for signature along with the filing fee and return envelope. I would suggest calling the clerk's office there to verify before sending anything.
My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... View More
answered on May 2, 2020
The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract... View More
I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?
Edit:... View More
answered on Mar 29, 2020
No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... View More
Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.
The garnishment was against me not him.
4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I... View More
answered on Mar 9, 2020
If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.
they sent to collection no notice. also they say we owe more then we do.i have every receipt. this does not seem fair. what can we do?
answered on Feb 20, 2020
Your husband should contact the hospital's billing/collections department to get more information. It is unlikely that they will deal with anyone other than him, due to HIPAA and other privacy laws.
He can ask them to provide records to support their version of the amount due. If it... View More
Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00
I received a Garnishment Release, case No. 079564GC. "Garnishment on 4/13/2017 is withdrawn on 10/31/2019. Amts withheld by garnishee on or after 4/13/17 shall be returned to defendant and further witholdings shall be discountinued." But on 11/15/19, a garnishment was served and all... View More
answered on Jan 13, 2020
I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued? I need to know that to advise you how to proceed.
Regarding the exempt proceeds, I suggest you consult with a credit defense lawyer to review the exemption and discuss a potential FDCPA suit.
answered on Jan 8, 2020
If you have received one of these in the mail from a court with signatures on it, it means a default judgment has been entered against you in a lawsuit. Look to see who the plaintiff is in the case caption, and see if it's a person or business you recognize.
If you believe this should... View More
On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... View More
answered on Dec 9, 2019
It could be legal, but maybe not because it sounds like the debt may be past the statute of limitations. The statute of limitations in Michigan for a suit to collect a debt based on a written contract is 6 years. The limitations period begins to run when the debt goes into default, not later when... View More
I have called the lab every month and they sent me 3 collection notices even through I paid without a bill. I called in October when I got the last collection notice in my 16 year old son’s name and the supervisor refused to put the account in my name without my birthday and social security... View More
answered on Dec 6, 2019
Not receiving a bill does not exempt you from owing a debt. I suggest you send them a certified letter requesting the full balance amount, the monthly amount due and a list of all payments made. If you do not believe the balance is correct, you should also deny that you owe that amount. The... View More
They said they can't give legal advise, but don't send a letter because we then will have to go to court. is that true should I still send a letter even though we've already set up a payment program
answered on Dec 5, 2019
They're darn right they can't give you legal advice. By not filing an answer, they want you to default so they can have a judgment against you with no conditions. If you have payment arrangements made, those should be put in a consent judgment at the minimum, so you have an installment... View More
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