Substituted service performed one day before statute of limitations expired - mailed packet was postmarked the day of statute of limitations, received in mail 7 days after. Can I contact them directly to settle or should I bank on passing of statue of limitations? Thanks :)
You have asked a very good question. The statute of limitations is concerned only with the date that the complaint was filed. The date of service has nothing to do with the timeliness of the lawsuit filing. Thus serving you after the statute has run does not provide any basis to knock out the... Read more »
No. But you have to take certain steps like filing a right of exemption and notify the collectors attorney that the funds are social security only.
My x husband didn't pay me what the judge had ordered him to pay in our divorce
You don't need to renew your judgment. What you need is to enforce it. You need to find an attorney who does collections or judgment enforcement proceedings/procedures.
Suggest you hire an attorney to conduct the exam and see that the records of the debtor are subpoenaed.
I have a debt that went to collections from 2014 in ca. I am passed California statue of limitations. However in 2015 I moved to New Jersey where that statue of limitations is 6 years vs 4. I am being sued here in New Jersey but the debt is from California. Is that legal?
I believe the debt is still subject to the California statute.
I suggest you call the creditor attorney immediately and point this out. If you do not get immediate satisfaction then bring a consumer law attorney onto your team immediately.
I'm worried that after paying the reduced offer, a different agency will harass me for the balance. would that be legal in CA? What do I do to protect myself? If necessary, how can I investigate the legitimacy of the offer further?
if you settled with a collection company to pay less than the debt owed, make sure that settlement is in writing. also note that the balance not paid could be taxable to you so make sure to consult with the person preparing your tax returns.
I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!
It’s now been 3 or so years and I... Read more »
You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.
This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »
You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.
I would like to dispose of my car (scrap/donate or sell) and I am unsure if that's legal without a title. The loan was closed by Wells Fargo in July of 2016 and sold to debt collectors. It appears that debt collectors can still try to recoup the money, but legally cannot sue me for the... Read more »
I do understand the problem. But without clear title you wont be able to do either of those things. You might look into leaving the car parked on the street, and call the city to tow away an abandoned car.
can these be attached
The best answer a lawyer can give you for the time being, (without the opportunity to discuss the case at length with you and to see relevant document), is going to have to be, "I hope so."
If you sue, you may be able to obtain attachment orders against the various assets by... Read more »
I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »
In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.
Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?... Read more »
You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.
My ex-husband is well off & has stopped paying support against court orders. I believe this is called contempt, and need a divorce/family law attorney to let the courts know & enforce collection. Any help finding one is much appreciated! Thank you. ~
what court are you dealing with?.............
if Riverside County I will give you some names................
Dale Gribow Attorney at Law 760 837 7500
Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »
I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.
From my... Read more »
my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »
Your question cannot be answered with only the information you have provided. Your will need to get a more in depth analysis with both an estate planning attorney and an accountant. And perhaps a bankruptcy attorney. Any money spent now will reap huge rewards down the road. Hopefully you are using... Read more »
My fiance took out a car loan and when we went to pick up the truck, after already trading in our other vehicle, they changed the terms and asked for an additional $4k. I wrote a check from my personal checking account for the additional monies, but when we reviewed the paperwork, it was not in the... Read more »
if you are asking whether a debt that is not yours can be reported on your credit, the answer is no.... but given the facts you listed it sounds a bit more complicated and you will need to call and speak to a lawyer to better evaluate your situation.
a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?
Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »
This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.
It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage... Read more »
You need to speak with civil attorney. This is not yet a criminal case.
Good luck!
They want me to pay only by one vanilla prepaid card and I don't have this debt and I even checked my credit report and my bank too
That's a scam. First, you cannot be arrested by a collection agency. Second, legitimate debtors don't want to be paid with prepaid cards. Third, it is illegal to threaten to arrest someone in connection with a debt collection effort.
I don't have any debt from this collection and they want me to pay only by one vanilla prepaid card. I also checked my credit report and my bank and no record of this debt
please contact a lawyer today and save all the documents you have received. these are violations of law and you will be entitled to damages.
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