I have asked lincare twice to stop sending me things and there is a note on my account for them to stop but they keep sending and billing me and insurance for stuff. I have a cpap machine that I paid off but are still charging both me and insurance for. My insurance said they filed a complaint on... Read more »
Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »
answered on Jun 21, 2022
The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL
I thought the original creditor dismissed this account as a hardship. I was surprised when a debt collector tried to collect on it, and now a different debt collector has bought the account and is suing to collect.
answered on Apr 8, 2022
If the case is in the associate division then your mere appearance at court constitutes a general denial of the allegations. If you wish to assert affirmative defenses, you must plead them in writing.
They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?
answered on Mar 18, 2022
It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... Read more »
Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.
Currently a defendant for civil case for debt collection. I answered the questions. Do I need to have a cover letter for this report? Do I need to sign it or notarize it. The plaintiff did not leave spots for signature or to be notarize
answered on Apr 16, 2021
Answers to interrogatories should be notarized in Missouri. No cover letter is necessary. You should also file and serve a certificate of service. It's not required that the plaintiff provide the notarization page but you could request one.
I had a heart attack and was sent to another hospital with a cardiologist on staff. I cant recall being asked at ER for medical card and a person in billing said i was listed as self pay, even though i had the same insurance in 2012 visit. The hospital said I should have sent change of address... Read more »
answered on Apr 12, 2021
If enough money is at stake and you can afford an attorney, I recommend you hire one to defend the case or to try to negotiate a settlement.
Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
Direct: (636) 733-6647
Fax: (636) 537-2599
I've tried to get my money or my shoes, he won't give me anything. Cashapp can't do anything because you have to dispute the transaction no more than 60 days after it's been completed. Do I have a case here? Can I sue him in small claims court to get my money back. Him and his... Read more »
answered on Mar 12, 2021
You “have a case” if you sue and a case number is assigned. You state that you sent him money but don’t indicate if it was a gift or a loan. Unless it was a loan, then you’ll likely lose. Hopefully you at least have emails or text messages clearly showing that it was a loan.
In... Read more »
I am making payments to a collection agency for the same medical bill I am threatened to be sued for. Months before I received this letter from the law firm.
answered on Feb 6, 2021
I would think you can indeed be sued by the party to whom you owe money. If you had agreed to a payment plan and have been honoring it 100% then I’d find it odd that your medical provider would pay an attorney either hourly or on a contingency basis to sue you. Have an attorney familiar with... Read more »
I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have... Read more »
answered on Nov 20, 2020
The legal theory under which you could be held liable is the "doctrine of necessaries."
Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire.... Read more »
answered on Nov 18, 2020
Your options are to pay the sum, not to pay it, to defense the lawsuit pro se, to hire an attorney to defend the lawsuit, to file bankruptcy, or to try to negotiate a settlement with the plaintiff, doing so either on your own or by hiring an attorney.
Which option makes most sense will... Read more »
On July 5th, an attorney send me a letter trying to collect a debt I don’t remember. I sent a response on July 13th and haven’t heard anything back on Sept 22nd. Should I do anything else or assume they’re not filing a lawsuit?
Edit: there aren’t any cases filed against me on... Read more »
answered on Sep 22, 2020
Check Casenet to see if a case in Missouri has been filed. Don’t assume anything. https://www.courts.mo.gov/casenet/cases/searchCases.do
answered on Sep 15, 2020
You either litigate the case or you settle it. Many such cases get settled for a discounted sum with a payment plan. Most, however, result in default judgments and the the creditors try to garnish bank accounts and issue wage garnishments.
The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... Read more »
answered on Aug 21, 2020
You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.
What actions within five years.
516.120. Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those... Read more »
Just dont want to agree to payments and then find out that by accepting an initial small payment that im accepting that as a resolution
answered on Aug 13, 2020
If enough money is at issue you'd be well served to hire an attorney to prepare a written document the clearly specifies the agreeed upon repayment terms and protects your interests.
In general, if it costs you less to achieve a payment plan and it gets paid, as opposed to the costs... Read more »
answered on Jul 14, 2020
If you have been served yes. If you fail to appear the plaintiff may request a body attachment. In other words, you could get locked up.
We are in Missouri. Law firm has our address and we even called them to settle the debt. They refused to settle, saying they will only accept full amount owed. They've requested a summons twice now, but we've never been served. The deadline just ran out on the second summons. I'm not... Read more »
answered on Jun 12, 2020
If the plaintiff doesn’t claim to have achieved service, then it cannot take a default against him if he doesn’t appear. If he appears without having been served then he waives service.
She just bought it 3 or 4 months ago,and still makes house payments.
answered on May 22, 2020
If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.
(Con’t)...are my options in fighting this as I dont want it to go to collections
answered on Apr 28, 2020
Your options include
1. Paying your landlord or not opposing deduction of the money from your security deposit
2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting
3. Filing suit to seek the refund of your security... Read more »
My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... Read more »
answered on Apr 21, 2020
Two things.
1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment... Read more »
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.
