A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your losses and costs as damages.
Rafael Gil III's answer If the collections account is past the statute of limitations, it's non collectible. Next time they call tell them that pursuant to the Fair Debt Collections Practices Act, they cannot continue to contact you. This is the buzz word.....you say that and POOF!! They will stop calling you....hope that helps!
Rafael Gil III's answer I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.
Rafael Gil III's answer Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land. Exceptions would be materialman's liens, etc.....
Rafael Gil III's answer No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied it!!! ;)
Rafael Gil III's answer This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would recommend that you contact a bankruptcy attorney in your local area and see what he says. he will have to sit down with you take a look at the facts surrounding your divorce. If you are on social...
Mr. James Parrish Coleman's answer Your social security benefits can't be garnished for a commercial debt. They can be garnished for student loans, alimony and child support. Your retirement -- that is not social security -- can be garnished.
Peter N. Munsing's answer Towing is a racket. Find out what they are charging you for. See if your motorcycle insurance will pay it. Send the bill to the guy who ran the red's insurance. They don't pay, contact a member of the Ala Assn for Justice--they give free consults. Look for one who handles "bad faith insurance claims"
However right now to stop the meter running, see about paying off the thieves (don't call them names--for reasons I won't bore you with they have the upper hand) just because it will get...
Mr. James Parrish Coleman's answer Yes. A person may not be held in contempt of court for not paying when he has no ability to pay. You have to show that he has the ability to pay, but simply will not pay.
Peter N. Munsing's answer Did you or did you not?Ask for the paperwork. You'd remember if you went to the office of those people. There are now regulations on that so check with the consumer division of the banking department. Your chances in court depend on what the paperwork shows, or doesn't, what rate of interest they claim, etc. I would suggest when you have all your facts contact a consumer attorney via www.naca.net
Robert Jason De Groot's answer Is there a contract between the parties? You would have to read the contract. Was this from a buy here/pay here place? How was the car financed? They probably cannot threaten to bring criminal charges against you, perhaps without violating the law themselves. Just go see a local attorney about this for the specific advice that you need. Did you realize that you did not ask a question?
Christopher Kern's answer You can not be jailed for failure to pay a debt. The only exception is failing to pay a fine or contempt citation ordered by a judge. Technically, this is not failure to pay a debt, but disobeying a court order.
Christopher Kern's answer No, this is an obligation only of the deceased person. Note, however, that if the deceased had assets, the creditor may have the right to claim payment of the debt against the assets before the assets are distributed to heirs. You should get further advice in this regard.
Mr. James Parrish Coleman's answer The loan company can take any property in which they have a perfected security interest. They can also take any property which is subject to be seized after they sue you and take judgment against you. The fact that you are unemployed is not a defense to a lawsuit in which you are sued for not paying back your loans.
Joseph A. Ingram's answer I presume that you may be a subcontractor and do not have a contract. That is still ok because you can tsity and show pictures of the work performed. If the party has money or assets, i would file a lawsuit. the question is how much money is at issue?
If you would like to pursue it, call me at 205-335-2640 Ingram Law LLC.
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