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Paperwork was left in my mailbox, and left at reception desk at my employers hr office. Not only that the address is the same as mine but the name on the paperwork is xx and my name is xx. Doesn’t HR have to answer some kind of questions b4 following through?
answered on Nov 10, 2024
The garnishee (employer) must answer the interrogatories. I see no reason while your employer would want to spend money challenging the propriety of service. You are free to file a motion to quash the garnishment and schedule a motion hearing but my hunch is that you’ll lose. Even if the... View More 
I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?
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answered on Sep 27, 2024
The best place to cash the check is at the bank it was drawn on, but you'll will generally need two pieces of identification to do so.
Want to cash a personal check written out to me but I currently have a lien on my assets. I have nothing but a bank account and a job! Will my check cashing be intercepted? Even if it’s not being cashed at my bank?
answered on Sep 26, 2024
If a garnishment has been served and is has not expired, it would not be safe to cash a check.
A close friend is of mine owes money from a loan in college and a couple of months ago a collection agency notified them that they will move to court to garnish wages unless said friend would agree to make payments. Of course my friend agreed to do so and everything was fine for the first month to... View More
answered on Sep 5, 2024
Your friend ought to hire an attorney to review the docket sheet and contact the plaintiff’s attorney. There’s no general right to a payment plan but without reviewing the docket and correspondences with the collection agency it is hard to give an informed response.
i mailed it to the lawyers and i filed it with the court house, however I missed the court date and a decision was made against me. can i appeal that also there is an arbitration clause on my original debt
answered on Sep 7, 2024
Hire an attorney familiar with motions to set aside default judgments. You’ll need to show “good cause” and a “meritorious defense.” Pro se litigants regularly fail to file compliant motions. Hire an attorney if you can afford one. After the judgment set aside you may move to dismiss... View More
Thus attorney signed his name and gave this unsigned legal document to my job for an car dept 17 years ago.
answered on Apr 9, 2024
Hire an attorney to take a look at the garnishment and court docket. Garnishments get issued through the court on request from a judgment creditor. I’ve never heard of an attorney trying to serve a fake garnishment on an employer. If that is true, you have legal remedies to assess.
I was served to appear in court, however I believe Missouri has a limit on fair attorney fees at 15%. The attorney is charging 50% for filing the suit. Is this a FDCPA violation?
answered on Apr 30, 2024
You may be referring to Section 408.092, which limits attorney’s fees for enforcing credit agreements. There’s not a general 15% cap. Ultimately, if tiki lose the court will determine the amount of reasonable attorney’s fees.
Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .
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answered on Mar 28, 2024
If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More
Must I appear in court . I expect a default decision against me .
I don't believe that a credit card company can make me pay them.
Am I correct .
Do you have any additional advice ?
Thank You so very much for your help .
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answered on Mar 28, 2024
If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More
I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?
answered on Mar 27, 2024
When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.
Once a judgment is entered, bank accounts... View More
I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.
Should I appear in court ?
answered on Mar 27, 2024
You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More
Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More
answered on Mar 24, 2024
The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More
Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More
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answered on Mar 16, 2024
Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More
Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More
answered on Mar 12, 2024
What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More
I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?
answered on Feb 15, 2024
Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.
Services were rendered March 2022. I received what I believed was my last bill in August 2022 and paid it in full.
The office stated over the phone that they never sent me a final bill (I owed $19.73) and now they say I owe them $1,680. Now I am being summoned to a court hearing.
answered on Dec 6, 2023
Don't ignore the case or a default judgment will be entered against you. Either hire and attorney or show up at court. The plaintiff carries the burden of proving its case.
I know I'm being sued by a collections agency because I received a letter for a lawyer wanting to represent me in court in the mail. I don't have the money for a lawyer right now, and still have not been formally served. Will they proceed with the case without me being served or will the... View More
answered on Nov 29, 2023
The plaintiff needs to serve you in order for the court to acquire jurisdiction over you and enter a money judgment. If the first summons isn’t served, the plaintiff may request subsequent ones. Figure out a plan to deal with the case. You’ll probably be served eventually.
I was sent a summons that I never received because I did not live at the address on file. The AC suit is for $1200 but I already called the collections agency to set up payments. What do I do?
answered on Oct 12, 2023
Consult with an attorney if you can afford to do so. Relevant considerations are the amount sought, whether you owe it, and whether if you don't settle the landlord will sue you.
A garnishment was placed though the courts and about a year ago the case was updated to terminated with the reason listed is "a writ of garnishment was issued against the above named judgment debtor pursuant to Rule 90. The above named garnishor has failed to file a statement of judgment... View More
answered on Oct 11, 2023
Yes. It’s completely proper for the plaintiff to file a new garnishment so long as the judgment hasn’t expired. Missouri judgments are valid for 10 years unless revived.
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