Get free answers to your Collections legal questions from lawyers in your area.
I attempted to pay a debt via Venmo within the agreed-upon terms, but the creditor rejected the payment, stating it was not necessary. I have documentation of the payment attempt and rejection, which occurred on March 20, 2023. Now, the creditor, who was someone I was close with, is asking for more... View More 
I was contacted by a law firm in California regarding an old credit card debt from New Jersey. They claimed my last payment was in 2016 and are asking for $3,595, with an additional $3,000 in attorney fees if it goes to court. They even contacted my children, who were not involved in this account.... View More
I have uncashed checks from Horizon BCBS that will be deposited into my savings account. I have a court judgment against me for credit card debt but have not been notified by the debt collector about taking these funds. Can the debt collector access or take these funds once they are deposited?
answered on Feb 26, 2025
Greetings, creditors typically are able to freeze the account by serving the proper court order on the bank. You may file an objection to the levy with the court. There are certain exemptions for funds that may not be levied. For example, your social security funds, disability payments, money from... View More
answered on Aug 14, 2024
Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More
So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More
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answered on Jul 18, 2024
When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.... View More
Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"
answered on Jun 15, 2024
This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More
In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More
answered on May 2, 2024
You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?
I am a 3 combat tour vet who is on VA disability and cannot work due to severe PTSD. I gave up my parental rights and child support enforcement in Washington state is attempting to collect on what I owe by dissolving what I own at this point is clothing and what I do use is loaned to me from my... View More
answered on Feb 7, 2024
Contact legal aid or other legal services organizations in your city who can take care of this for you for free.
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
answered on Jan 26, 2024
This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More
We were unaware of him having credit cards nor have any evidence of credit cards until the bills and calls started rolling in. My dad did not have bank accounts in his own name. Whatever was jointly owned has been transferred through the right of survivorship to his wife. How can we pay for this... View More
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answered on Dec 8, 2023
Consult with a NJ attorney. But try to avoid Probate as that will attract the creditors. It is not the Spouse's debt, but sometimes the Spouse can be held liable for necessities. Again, avoid Probate, and see if any exemption statutes protect her.
The attorney that I retained never gave me the written agreement between us for what he should be doing and charging during administration of my mother's estate. I asked him to send me a copy but he never did. When I voiced my dissatisfaction about the services I had acquired. I received a... View More
answered on Nov 7, 2023
The attorney should most certainly provide you a copy. In some States the fee agreement is invalid if you do not get a copy.
Put your request for the fee agreement in writing.
These CC accounts are approx. 2-3 years old and unfortunately, due to business challenges, I am considering closing down the business. I personally guaranteed these business CC. The business has been experiencing financial instability for a while now, and it has become increasingly difficult to... View More
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answered on Aug 29, 2023
If you are in CA, why are you asking for NJ? The State you live in determines where you would file bankruptcy if that is appropriate. Whether you will have to file both a business and personal attorney cannot be determined on these facts. Pick the best attorney you can find and remember one rule:... View More
Currently buying a home and a judgement from 2008 has come up. A new lawyer inherited the case and I believe the business is no longer in service. Would he be getting the lawyer fees?
answered on Aug 28, 2023
There are several solutions to your query. Speak to an attorney experienced in real estate transactions.
I worked for few labs during covid testing. They are not paying me for my services. Amount is around 70k. I need a lawyer to work with me to recover those funds.
In past i have seen that labs hate to deal with lawyers n settle or pay asap. Plus i know few things about those labs work... View More
answered on Aug 8, 2023
It is difficult for attorneys here to respond with an offer of their services. This isn't set up like an attorney referral service - the format basically brief Q & A. One option, in addition to your own searches is the tab above, "Find a Lawyer," or the attorney referral services... View More
I am paying restitution regularly through probation but cannot afford to pay more monthly
answered on Jul 19, 2023
Once a judgment is obtained, not usually before, the Judgment Creditor can subpoena or demand bank statements and other detailed information reflecting income and assets.
My company is SaaS system provider, take care of customer's data, we have some bank customers in the US. but for saving money, we outsource database administrators, system engineers job to our China's branch, these engineers access the SaaS system and data remotely from China, is it legal?
My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.
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answered on Jun 2, 2023
Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More
Doesn’t this give personal medical information to a 3rd party without the consent of the patient?
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answered on May 25, 2023
The selling of medical debt to a collection agency or a junk debt buyer has nothing to do with HIPAA. There is nothing in HIPAA about debt collection, so that is why.
answered on May 18, 2023
If the requirements of the Fair Debt Collection Practices Act (15 U.S.C. Sec 1692) were not followed, you have a cause of action.
I tried to work with them with a debt consolidation firm a few years ago. They were the only CC that would not. I have my personal accounts and my mortgage through them. They continue to take money out of my account and refuse to work with me to set up a payment plan for repayment. I can't... View More
answered on May 3, 2023
In order for the withdrawals to be made there must either be a provision in the loan agreement or a suit was filed for which a judgment was obtained to collect the debt.
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