Get free answers to your Collections legal questions from lawyers in your area.
I was served with a summons to appear in Missouri's St. Louis County Associate Circuit Court on June 30, 2025, for defaulting on an online loan which was sold or transferred. Am I able to contact the plaintiff to make arrangements before going to court?
answered on May 9, 2025
You are free to contact the attorney and to try to work out a settlement. If enough money is at issue and you are concerned about your credit, I suggest you hire an attorney to represent you. If you show up at court on your own, you'll likely enter into a consent judgment, which is a... View More 
I have a judgment from Ford Motor Company from 2018 for approximately $13,000, and it has a lien on my house. Nothing has been paid towards the balance, and I haven't communicated with Ford about settling. Being on a fixed income, I want to know if it's possible to negotiate and settle... View More
answered on Apr 24, 2025
Negotiations happen all of the time. Beware that significant post judgment interest has accrued.
In 2018, my wife and I took out an unsecured loan. We lost our home in 2019, and unfortunately, my wife passed away in 2021. The loan company wrote off the debt in 2020 when I defaulted due to loss of income. Recently, in 2025, a collection company is suing me for this debt. Am I liable? I have... View More
answered on Apr 7, 2025
If Missouri law governs and the last payment was within 10 years, then the lawsuit is likely within the statute of limitations depending on which cause of action has been pleaded. The charge-off doesn't save you.
Mo. Rev. Stat. 516.110. What action shall be commenced within ten... View More
I'm involved in a debt collection lawsuit concerning an eviction from my rental. The sheriff's paperwork indicated that I owed a specific amount, including $400 in lawyer fees, which I paid off. However, the office managing the case later informed me that my balance increased by an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
In Missouri, if you are involved in a debt collection lawsuit for eviction, the amount owed should generally be clear and documented. If you paid the specified fees, but later the balance increased without receiving proper notice or documentation, that could be a violation of your rights. The law... View More
I recently purchased a car outright for about $8,000, and I have an outstanding credit card debt of approximately $2,000 that is a year or two old. I've received advertising letters from lawyers and someone attempted to serve me papers, suggesting that the credit card company filed a lawsuit... View More
answered on Apr 1, 2025
If you are sued in the associate division and a judgment is entered against you, the plaintiff may "transcribe" the judgment to make it a real estate lien. It's not a vehicle lien but the plaintiff my seek an execution to have the sheriff seize and sell the vehicle. Hire a local... View More
I filed my bills with a debt consolidation company, Litigation Practice Group, but they filed for bankruptcy in 2024 and didn't pay my bills despite me paying them in full. I have proof the money was withdrawn from my account. I have a contract with them. Now the creditors are calling and... View More
answered on Mar 10, 2025
You are responsible for them. You may want to file a fraud claim against the debtor for fraud for not paying your bills.
I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More
answered on Mar 4, 2025
I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.
The issues for the court to determine are (1) was the motion to revive the judgment FILED... View More
I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More
answered on Feb 14, 2025
If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
