Get free answers to your Collections legal questions from lawyers in your area.
answered on Jun 22, 2018
If Florida applies for Extradition, Tennessee will probably pick him up and hold him as a Fugitive From Justice. Once the Arrest is made, Identity may become an issue , but Bond is either very high or nonexistent. Then Florida must come here to pick him up for Violation of his Sentence... View More
Is nowhere to be found... what do I do? The date of alleged collections was June 3, 2008.
answered on May 9, 2018
If you don't think you owe it, tell the attorney y the debt is DISPUTED ( use that word) and demand he provide "verification" of the debt from the law firm. There is a Federal law called the "Fair Debt Collection Practices Act" which governs debt collectors. There are... View More
More money now.The people that I dealt with have since been fired.
answered on Apr 23, 2018
I would not pay the collection agency anything else- I would let them take me to court if I had made a deal with the agency and paid the agreed amount.
answered on Apr 20, 2018
your question really doesn't contain enough information to provide an accurate answer. If you truly "settled' the debt, hopefully there are letters, cancelled checks, or receipts or other documents that can prove what the agreement that was made. ALWAYS get it in writing. If is was... View More
Despite our previous reminder, we still have not received any payment or answer from you. Therefore, we regret to inform you that if we do not obtain the payment of $686.52 in full before today we will have no other alternatives but to undertake court actions against you in order to retrieve the... View More
answered on Apr 17, 2018
Debt collection agencies are not allowed to use harassing tactics to collect a defaulted debt pursuant to the Fair Debt Collection Practices Act. Consult local counsel to determine if you have any options.
I received an ad for legal advice and it listed a civil warrant number. I found the information and immediately settled the debt. Will the warrant still be served? Do they serve via mail or in person?
answered on Mar 19, 2018
If the Heirs-At-Law take ownership of the real property, then they take the property subject to the Deed of Trust and/or Judgment Lien. It does not become their personal obligation and they cannot be sued upon it. But if the Debts are not paid, the Creditor can foreclose and/or execute upon the... View More
answered on Mar 13, 2018
No, although the failure to pay is a breach of contract, it is not a criminal offense. Failure to pay will however, result in losing the item being rented- the company is entitled to reposess the item, and if you don't allow that ,or if you interfere with that process, there is a criminal... View More
The deal went south and we have a receipt saying the money is refundable if the deal does not goes through. The amount is 25k. The receipt says money needs to be refunded within 3 months but the seller has no intention to give the money back. What can be done is this matter to recover the money.
answered on Feb 28, 2018
If the seller will not return your money, look at your contract. Look to see if there is a remedy provision for what happens if one side breaches the agreement. It may include language on where a lawsuit can be brought and other terms. There may be a provision for attorney's fees if a party... View More
There are also some damages in the apartment.
My bank account has my paycheck direct deposited. Can i motion to Quash for exceeding the 25% limit allowed for wages garnishment? All of my pay goes into this account and they froze everything. Does the law cross over to apply when bank account is levied?
answered on Feb 5, 2018
You could file a motion to quash a garnishment and/or a slow pay motion to try and get some relief.
I was served yesterday with a summons to appear in court in five days. Long story short.... I was preparing to file bankruptcy, even meeting with a lawyer but I hadn’t gotten around to actually filing because I was still trying to come up with the money to retain the lawyer. At the same time,... View More
answered on Feb 5, 2018
Filing for bankruptcy relief will stop all other court proceedings, at least for a short period of time. Consult the bankruptcy lawyer as soon as possible for more specific advice- there is more than one type of bankruptcy and there is also some expense for that filing- your situation is more... View More
My wife had an affair with a guy from TN. She lives in NC and the first time they had the affair, it took place in NC. Instead of suing him with alienation of affection or criminal conversation here in NC and domesticating the ruling to TN (provided I win), can I just sue him straight in TN since... View More
answered on Feb 1, 2018
The tort of alienation of affection has been abolished in Tennessee. I am not licensed in NC so I can respond concerning the law of that State, but for sure, you can't sue him in Tennessee.
The hositpal sent me an email stating what I owed up front, if I cannot afford that at the time of arrival can they deny me?
answered on Jan 26, 2018
No, not if you are in active labor. The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay.
I habe proof that I do not owe the debt plus I also have an article from the BBB that shows the company in question is under legal action not to file lawsuits because they have been defrauding consumers and taking them to court for money not owed.
answered on Jan 23, 2018
If the collection agency has a lawyer, you should hire one also. There is no other option. You can't learn everything you need to know in this kind of question-answer format. Consult an experienced litigation lawyer as soon as possible, shop around, talk to more than one but then hire the one... View More
if there is a limit, is it from the date it was filed or the date the judgement was issued
answered on Jan 18, 2018
An action to enforce/collect a Tennessee judgment must be filed within ten (10) years from the entry of the judgment- the day the written judgment signed by the Judge is filed in the court clerk's office. However the ten year period can be EXTENDED- the creditor has to file a request seeking... View More
My son's father is suppose to split the taxes he collects off my child. He is seven years behind. What can I do? I have full custody.
answered on Jan 13, 2018
You should consult an attorney about filing a contempt petition. If he is found to be in contempt, he could face jail time. It is amazing how quickly people will pay what they owe to avoid going to jail.
I just went to court and won my case- I sued someone for non payment of furniture ($350 + court costs). They didn’t show up to court and I’m wondering what my options are as far as getting my money. Court said I could garnish wages but I don’t know where he works. However, I do know where his... View More
answered on Jan 9, 2018
Probably not, if you did not sue the wife also then your judgment is against the husband only. A spouse is not automatically responsible of the debts of the other spouse, so it sounds like the wife was not part of the lawsuit. Attempting to garnish her wages would likely not be permitted.... View More
The defendants dog attacked my dog, and the judgement is the vet bills. Its been 4 months since we went to court, and I was awarded the judgement. The defendant has made no effort to pay me the judgement. I know I can file a bank levy, wage garnishment or execution on property that he owns, but... View More
answered on Dec 28, 2017
The rules of civil procedure provide for "discovery" to aid in collection. In other words, you can demand by subpoena to make the debtor appear in court and answer questions about their work and assets. Your question doesn't specify whether your judgment was granted by the circuit or... View More
Example - saying someone owes rent money when the debt in question is really about closing fees related to a damaged appliance or something similar and the debt is sent over as rent.
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