Get free answers to your Collections legal questions from lawyers in your area.
answered on Feb 10, 2017
That sounds excessive. Do they not have your personal contact information?
See: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text, especially sec. 805 & 806.
More details are necessary to provide a professional... View More
answered on Feb 8, 2017
Were you a co-signor on the loan? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
I was awarded sanctions (attorney fees) from the federal bk court, after someone sued me (in state court). By suing me and maintaining the suit, they violated the injunction against the collection of discharged debt. Now I am trying to collect these sanctions and *surprise* they are not paying.... View More
answered on Feb 7, 2017
If the defendant is not obeying the court order, you can file a motion for contempt in the same court that issued the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
After some time, my card expired and when they ran it, the payment was refused and they sent it immediately to collections. Can they do that?
answered on Feb 6, 2017
Did they provide you any notice of the payment that was due? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I owe about $15000 on a Visa card(loan account) the monthly payments were $450/month;last year I had a severe loss of income (I work as a freelancer) so called the bank and asked if I could pay less per month until my situation would change;the bank manager agreed to $150/month instead of $450. I... View More
answered on Feb 5, 2017
You might have a defense if the bank is reneging its agreement to accept lower payments from you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
answered on Feb 5, 2017
A lawyer may not be required but preferred. But if you're a corporation, then a lawyer would be required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
We are in California.
The bill is from a stay at a nursing home in 2013. They didn't send us the bill until late 2014. We have not paid the bill, as they are charging us for equipment that my dad did not use. We feel that what they are doing is completely illegal but do not know what... View More
answered on Feb 5, 2017
Debts incurred during marriage are considered community debts, generally. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
What if i missed a court date in a civil case filled by a collection agency And now theres a judgement of $5000 against me..but i couldn't go because i was in prison for another case..Can i ask for a new court case?
answered on Feb 5, 2017
If you file a timely appeal, you may be able to vacate the judgment for these reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
approved house flipping business that lost everything when the housing market went south six seven years ago while we were married. her bond company obtained a judgement against her that she cannot satisfy. She has dementia now, and no assets. We are still married. my question is this....am I also... View More
answered on Feb 5, 2017
Based on your details, I see no strong basis to justify your responsibility for her debts or alleged misdeeds as they apparently are based on separate property assets and duties unrelated to your marriage. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More
Do I check item 1"a" Article 3 or item 1"b" Article 5 on form EJ-185, Notice of Lien-(attachment-enforcement of judgment) Thank you.
answered on Feb 2, 2017
Have a lawyer handle the collections matter for you. Otherwise access self-help resources online at courts.ca.gov or at your local law library. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
Im being sued by my credit card company for a judgement how long from filing 12/28/16 for judgement to be given
answered on Jan 23, 2017
More facts are needed here. Have a lawyer review your case files. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More
I understand that in order to add a new defendant to a judgment:
" requires that the new party be the alter ego of the old party and (2) that the new party had controlled the litigation, thereby having had the opportunity to litigate, in order to satisfy due process concerns."... View More
answered on Jan 18, 2017
Adding a defendant to a lawsuit differs from trying to use a default judgment against an unnamed party to the underlying lawsuit. Due Process must be upheld. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More
Can state board of equalization do a wage garnishment and levy bank acc at same time. I financially struggle monthly. I have no assets. The tax debt is from 2005 and is from a old business i owned but financially lost in 2005. My rent is $1000 mon. You can see i live below poverty.
answered on Jan 15, 2017
You can contact the Board to discuss your hardships and ask them to take it into consideration. Bankruptcy may be another possible option. Speak to a bankruptcy attorney. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any... View More
today January 13, 2017. This is the first time in over 20 years that I have ever seen anything is this legal after 20 years?
Amount 157,803.63
answered on Jan 14, 2017
Perhaps they were making reasonable efforts to serve you. There may be issues with trying to collect on this judgment though, e.g., statute of limitations, laches, etc.. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More
I have a US District Court money judgement, payable to me, that I am trying to collect. Can I bring the collection effort from the US District Court (located in CA), to the local State Superior Court (also in CA) for purposes of collections - for judgement debtor examination,writs, etc? I read... View More
answered on Jan 12, 2017
One can typically file a new collection action in state court and file the federal court judgment as proof of right to collect, but it depends on the specific facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More
Is it my responsibility to pay this back? I used my Hertz company corporate account at the time of my rental and I was gainfully employed with this company at the time. I was assigned by my previous employer to rent this vehicle for a business trip and my personal credit card was not used at the... View More
answered on Jan 11, 2017
You'd have to look at the paperwork. Start by keeping dealings to the formal hard copy. That slows things down, makes you think. Depending on the amount of the bill you may want to consult a consumer attorney. Www.naca.net
It says there's 30 days to respond but obviously that has passed since they just served me yesterday. What am I supposed to do now with this?
answered on Jan 6, 2017
A defendant typically has 30 days to respond to the complaint from the time they're served with the summons, as the summons should say on page 1. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More
The court documents have $2864 entered as judgment, I have offered $2800, but that was rejected. The collector wants $3200 and are going to garnish my wages, I want to settle before this happens.
answered on Jan 2, 2017
It's voluntary for the creditor to accept a settlement offer, so there is no way to per se force somebody to settle. Negotiations is part science and part art. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More
3rd party medical care company says they can arrange for medical care of seamen at a discount to hospital rates if we use them to arrange for medical care of the clients we handle, in this case seamen (crew members on container vessels who need medical care during their port stay). 3rd party... View More
answered on Dec 21, 2016
You'll have to gather proof of all related contracts, payments, and bills. An attorney should cleanly communicate such information to the collection agency for resolution. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More
I received notice via 3rd party (not subpoena) that a suit had been filed against me in the LA County Superior Court. I have no idea what the lawsuit is about, but the Case Type is listed as OTHER PERSONAL INJURY (Limited Jurisdiction). What type of suit would this be?
answered on Dec 3, 2016
You should read the Complaint which should be available at the Court Clerk's Office; and you should be timely served with a copy of it by the opposing party. Limited Jurisdiction refers to the ceiling on the amount of damages. See for example:... View More
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