Get free answers to your Collections legal questions from lawyers in your area.
Portfolio Recovery is attempting to take my income, but their attorney mentioned it is exempt because it is my only source of living. We have already been to court regarding this matter. How should I proceed to ensure my income remains protected?
I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck. After presenting my documentation in a hearing, the judge ordered the return of $14,122 in Social Security protected funds... View More 
I have a default judgment of $180,000 issued by the Dallas County courthouse. I've tried to find an attorney to start collecting on this judgment. While I've located the defendant, who I believe is selling cars for personal gain on Facebook, I haven't taken any legal actions against... View More
answered on Mar 10, 2025
You probably can't. While there are attorneys whose practice includes collecting judgments, like other people, those attorneys will expect to be compensated for their time on either an hourly fee or a contingency fee. Legal aid clinics who assist indigent litigants generally do not undertake... View More
I have an Intoxalock device in my vehicle, and the company has sent my account to a collection agency without prior contact. I previously called Intoxalock, and they informed me about the collections. They haven't provided specific reasons for this action, and I haven't received any... View More
I received a letter from a law firm called Purdue Brandon Fielder Collins & Mott, LLP, titled "Notice of Collection." It states they have been hired by the Sutton County Justice of the Peace to collect a delinquent debt from 2010 for a speeding violation (over 10% above the speed... View More
I live in Texas, and in 2016, a default judgment of $8,500 was issued against me for a credit card debt. I had no contact with the debt collectors until recently when they sent me a notice to declare any exempt funds since they plan to seize my bank account. Why did they wait so long, and can they... View More
In Texas, should an Answer to a bad debt collections case include the following elements: 1) a general denial, 2) affirmative defenses for defective workmanship by a general contractor, such as breaching the contract, 3) breach of contract due to implied good workmanship under the contract, 4)... View More
Can I ask a collection agency to validate a debt even though I haven't yet submitted my written answer to the court? The agency first contacted me by mail in December 2023, and I haven't communicated with the original creditor or the agency about this debt yet.
answered on Feb 21, 2025
You can ask for verification at any time, but that will not postpone the deadline for you to file your written answer in court to any lawsuit filed against you.
In August 2022, I received a welcome email from TXU Energy for an account I didn't open, as I've never lived in the state. I reported this to the company immediately, and they assured me the account would be closed without charges. Recently, I found a collection notice for over $7,000 on... View More
I was sued for a credit debt in Texas. The account went into default in September 2020, as the terms of the credit agreement state that a default occurs when the amount due, as listed on the monthly statement, is not paid. A small payment, which did not satisfy the default, was made in February... View More
The defendant failed to submit verified responses to my Requests for Admissions (RFAs) by the deadline. I already granted them a two-week extension, and they submitted unverified responses on the last day. What are my next steps? Are the RFAs automatically deemed admitted under the Federal Rules of... View More
answered on Feb 3, 2025
First, responses to requests for admission aren't required to be verified.
Second, with respect to discovery matters, you must notify and confer with the opposing attorney before filing a motion.
Third, if you granted a two-week extension and they filed responses on the last... View More
My roommate is taking advantage of me. For context: we are cotenants, we do not have a written roommate agreement in place, only verbal agreements as follows: Rent would be split equally between us with the exception of his pet rent of twenty dollars, groceries, and cleaning of the place would be... View More
answered on Dec 16, 2024
If your landlord is willing, you might consider a "friendly" eviction suit in which your landlord evicts you and your roommate from the premises and then relets the premises to you alone assuming that you have the financial ability to pay the rent and utilities alone.
I defaulted on a credit card for a big named brand store. I owed $1777. I couldn’t make the payments because I was having difficulty affording my daily living costs. I am at a better job and I want to repay the furniture store what I owe but the loan on my credit report says closed? Should I... View More
answered on Oct 18, 2024
What you should or should not do is a moral question.
You can contact the creditor and offer to pay the account in full if it will change its report to the major credit bureaus to reflect that the account is closed and paid in full. That likely would improve your credit score if you were... View More
my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments
the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K
even after I went and explain the situation to the board regarding the... View More
answered on Sep 30, 2024
The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More
Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More
answered on Sep 7, 2024
The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More
My veteran step dad recently died so mom doesnt receive $ they used to and is struggling just to survive. What can she do to get rid of these past debts and receive additional aid in the future
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answered on Aug 2, 2024
I'm sorry to hear about your mother's situation. Given the immediate court appearance, she should attend and explain her financial difficulties to the judge. She can ask for a continuance to seek legal advice and possibly work out a payment plan that she can manage.
In the longer... View More
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answered on Jul 18, 2024
A legacy trust, while a useful estate planning tool, does not inherently clear past debts and collections. The primary purpose of a legacy trust is to manage and distribute your assets according to your wishes, often providing for beneficiaries and potentially offering some protection from future... View More
An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal
answered on Jul 5, 2024
Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.
Banks and financial institutions often ask their own customers to agree that, if the customer... View More
A judgement was obtained by Discover Card on ~ $6100 in credit card debt on Sep. 12th 2018 but I was not even aware of this until now when I received this document that states I have 30 days to reply. I own my own home that is in poor condition, and a 1999 Chevy Truck that is not currently running.... View More
answered on Jul 1, 2024
If you disregard a post-judgment interrogatory, most likely the judgment creditor will file a motion to compel. A judge will most likely order you to answer the interrogatory and award the judgment creditor additional attorney fees.
If you disobey the judge's order, the judgment... View More
I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.
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answered on Jun 9, 2024
It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More
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