answered on Apr 27, 2023
The options are
1. Meet with a bankruptcy attorney
2. Defend the lawsuit on the merits
3. Try to negotiate a settlement with a payment plan
My medical debt was "sold" to a collection agency (the hospital owns the collection agency). I have never rec'd a bill from this collection agency but all of the sudden we rec'v a letter from a lawyer. Do they not have to notify you by mail of the debt? What do you do in this case?
answered on Mar 26, 2023
They are not required to notify you before having an attorney contact you.
You can contest the debt or negotiate a payment.
The summons is from Gamache & Myers for World acceptance corporation, AC Breach of Contract. Apparently they've been trying to serve me at an old address for like 6 months. It's from a loan that I supposedly took out in 2016, which attached is the unsolicited check I apparently... View More 
answered on Mar 12, 2023
Why they waited is irrelevant. Unfortunately, a lot of interest can accrue in 6 years. If you were served then you need to appear in court or hire an attorney to prevent a default judgment. You can submit written discovery to learn the facts and supporting documents, if any.
The 1 I'm keeping is secure loan the other 3 are unsecured loans I live in Missouri and on disability benefits What happens if I don't pay the unsecured loans. I don't own a car or real estate nothing except our furniture and personal things and they are already secured by the one... View More
answered on Jan 19, 2023
If you don't pay the unsecured loan you'll likely get sued. If the case results in a judgment against you, the judgment either will automatically become a lien on real estate in your county or the plaintiff may "transcribe" an associate division judgment to make it into a lien.
answered on Jan 16, 2023
A creditor has the right to sue a debtor for an unpaid debt. I believe you want to know what your rights are as a debtor. You have the right to hire an attorney to defend the case or to represent yourself in court. You can also try to negotiate a settlement.
What can they do if I normally make good money on my assignments but I’m in between assignments so I really do not have a job. What are they gonna do with me I can’t settle but I’m scared of court, so what all can I take for me?
answered on Jan 16, 2023
If you don't reach a settlement then the case will go forward. If you lose, the plaintiff will have a judgment against you and can garnish your wages, bank account, etc.
If you don't show up at court a default judgment will be entered against you. If you are served, either show... View More
In 2013, I got a judgement against me for a $900 credit card with an accuring interest and court costs. At the time, I was making $4.00 hr as a server, a single mom of 2 and going to college. I tried telling the attorney I could only pay $25 a month. He insisted on $50. Shortly after the judgement... View More
answered on Dec 31, 2022
Missouri judgments last for 10 years unless revived sooner or there is a payment reflected on the record I’m not sure if your two payments are shown on the record. If so, that automatically resets the clock. A small claims judgment is not a lien on real estate but the title company still... View More
We live in Missouri and we want to know how can we get the lien off of our property the blue world pool is removable they can come get it we just want out of all of it they're ripping us off
answered on Nov 18, 2022
You will need to retain an attorney to determine whether you can get out of your contract.
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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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.
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.
