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Collections Questions & Answers

1 Answer | Asked in Consumer Law and Collections for Missouri on

Q: Well my next question on that is there is another hearing schedule so what could this hearing be about?

I don’t work and can’t work and showed proof to the lawyers via email like they asked so if I can’t work and they won’t serve my ex husband what happened at that point

Ronald J. Eisenberg answered on May 24, 2019

Without seeing the docket entry, there's no way for me to answer that question other than to guess that maybe they only got one fo the two of you served and the next hearing is on a motion to review but as to the other one of you.

Whether you do or don't have money to to pay the judgment is...
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1 Answer | Asked in Consumer Law and Collections for Missouri on

Q: I have a question about a judgement my ex husband and I got

What does this mean? REVIVAL OF JUDGMENT CALLED, HEARD AND SUSTAINED. THEREFORE, THIS COURT HEREBY REVIVES THE ORIGINAL JUDGMENT HEREIN WITH COSTS TO BE PAID BY DEFENDANT. FOR ADDITIONAL TEN YEARS, AS PROVIDED BY LAW

Ronald J. Eisenberg answered on May 24, 2019

Missouri state court judgments expire 10 years after the latter of entry of judgment or a payment on the record towards the judgment, such as a garnishment payment received.

The docket entry you quoted suggests that the plaintiff file a motion for revival of judgment, had a hearing, and got...
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1 Answer | Asked in Collections for Tennessee on

Q: If I am being accused of owing money I do not owe, should I ask for a copy of sworn account or would that hurt my case?

I was told to ask the accusing company for one but I don't know if that will help me or hurt my case since I am innocent

Anthony M. Avery answered on May 23, 2019

You can demand a Sworn Account by the Plaintiff, and can even file your own, old style, Sworn Denial. But this will probably cause a continuance. Later you will have to defend yourself. If there is over $ 500 involved, it is probably worth having an attorney, as execution of a potential judgment... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Anthony M. Avery answered on May 22, 2019

You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »

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1 Answer | Asked in Consumer Law and Collections for Indiana on

Q: can my credit card company call and tell my husband my credit card balance and try to get payment with out my permissio

my husband is not on my credit card account and I never gave them permission to speak to him but they did anyways without my permission and they never even asked him the severity questions all the said was what is your name and then told him about my account and balance.

Bruce Alexander Minnick answered on May 20, 2019

Credit card companies are not supposed to do this; however, there is very little you can do about it, other than to pay off the credit card they are calling about. You can also report them to the federal agency that regulates credit card companies.

2 Answers | Asked in Criminal Law, Traffic Tickets, Collections and Probate for Texas on

Q: How can I get my failuer to maintain financial responsibility citation dismissed

Also my criminal mischief charge dismissed

Grant St Julian III answered on May 13, 2019

Yes, any citation or criminal charge CAN get dismissed. What will happen in your particular case depends on the particular facts of your situation. Call a local lawyer. Good luck.

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2 Answers | Asked in Contracts and Collections for Tennessee on

Q: I received a post card from the Blount county Court Ten. Stating legal process has been issued by the court and forward

And served.

It states this is not a arrest warrant.

My docket # is CV25386 Can you tell me what kind of case this could be?

Anthony M. Avery answered on May 13, 2019

Obviously a civil case. But you need to call the Court Clerk and ask. It may be Sessions, Circuit or Chancery Courts. It is probably from General Sessions Court. If you do not respond, possibly a Default Judgment will go down against you, so call today.

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2 Answers | Asked in Banking, Bankruptcy, Criminal Law and Collections on

Q: What if i had someone 2 days ago serve my husband with papers? Can it be for his truck hes leasing?

Also i know hes way backed up with bills and recently just got his other car repossed

Timothy Denison answered on May 10, 2019

Could be for anything he’s not paying.

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1 Answer | Asked in Collections and Small Claims for Oregon on

Q: When notifying a client of a bad check, does a Certified Mail letter serve as proof, even if failed delivery attempt?

I need advice on collecting on a bad check. A client of my pet care business wrote me a bounced check for $420. I have alerted her via email (no replies), phone (disconnected numbers), and Certified Mail (failed delivery attempt). I understand that I likely need to take this to Small Claims Court,... Read more »

Joanne Reisman answered on May 9, 2019

Do you have the original check back in your possession? I used to just take the check back to the bank it was written on (her bank) and ask the bank if they had sufficient funds so I could cash the check. Sometimes I would get lucky and the bank would pay me. You could try to cash it around the... Read more »

2 Answers | Asked in Bankruptcy and Collections for Illinois on

Q: debt collection

ok i have old balance since 2012 debt with protofollio recovery,i got garnished where lawyer fees and 75$ garnishment fee included so its exceded 15% of my pay check,yet after 7 month of garnishment i got fired,then after a year this protofolio recovery wants to start again with the same balance... Read more »

Bruce Alexander Minnick answered on May 9, 2019

This question (or rather, these questions) are to complex and convoluted for anyone to make sense out of. I suggest you get someone to help you compose a legible explanation in chronological order, eliminating unnecessary commentary and then post it as a new question(s).

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1 Answer | Asked in Collections and Consumer Law for Texas on

Q: Once a civil judgement has been entered, can the creditor send you to a collection agency and ask for more money?

My landlord file suit and was awarded $999 plus court cost. I was alerted by Credit Karma that a collection report had been made on my credit file from the same creditor but the amount is over $5K. Can they do that? When in court, they never asked nor did they receive this amount. What can I do... Read more »

Gary D. Peak answered on May 6, 2019

The answer starts with that depends. If this is an old judgment the post-judgment interest could have raised teh total owed to over $5000. Or possibly the judgment included attorney's fees beig awarded to the creditor. You should get a copy of the judgment if you don't have one and use an online... Read more »

1 Answer | Asked in Contracts and Collections on

Q: Im A cosigner and it auto loan and the bank has not contacted me whatsoever in 12 months. Now I face major issues

I cosigned on a truck, I have an agreement we signed together plus the loan information. My name in all my information was listed separately from his, somehow over the last 26 months he has been able to change them the address multiple times with my name coming on/off just as many. I have received... Read more »

Bruce Alexander Minnick answered on May 6, 2019

FYI: Unless I miss my educated guess, you co-signed the auto loan for a (former) friend who apparently does not mind making late payments on his truck. Unfortunately, since you are a co-owner and are also liable for the same debt, the bank is beginning to look to you to repay the loan--because they... Read more »

1 Answer | Asked in Contracts, Collections and Gov & Administrative Law for California on

Q: WHAT IS A FEDERAL LIEN WITH DETENTION ? HOW DOES IT WORK? ON A AIRPLANE PRIVATELY OWNED

Bruce Alexander Minnick answered on May 4, 2019

It means the owner of the aircraft cannot fly it without specific pre-approval from the FAA.

1 Answer | Asked in Employment Law and Collections for North Carolina on

Q: A former employer deposit funds in my account in error, am I obligated to repay those funds? What if I am unemployed?

A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... Read more »

Kirk Angel answered on May 2, 2019

The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.

1 Answer | Asked in Collections for Georgia on

Q: I have had the same case dismissed twice without prejudice in the state of Georgia how many time can they refile

Samantha A Holloway answered on Apr 30, 2019

It is difficult to answer this case without specific information. If a case has been dismissed without prejudice, you can typically re-file. However, there are statute of limitations (time period you have to file a lawsuit) which may get your case dismissed on procedural grounds. I would suggest... Read more »

1 Answer | Asked in Personal Injury, Car Accidents, Collections and Identity Theft for Florida on

Q: I'm about to sign papers to accept my lawsuit settlement offer but i had idenity theft issues. Someone filed taxes Under

My name and now i owe the irs as a result of they actions. Will the irs take my lawsuit until this is straightened out or will i get my money?

Bruce Alexander Minnick answered on Apr 30, 2019

This is a very important question. You really need to hire a competent lawyer to advise you. Try using the lawyer you used to get the settlement; he will want his share first.

1 Answer | Asked in Collections for Oregon on

Q: can a joint and several be dismissed?

I was convicted in 2006 for forgery, when convicted the amount awed was joint and several with the other party. I am the only one in the past 13 years that has made any payments and has been garnished over this. Is it possible to get this dismissed to where the other party needs to be liable? Or... Read more »

Gregory L Abbott answered on Apr 24, 2019

You can always try but it is HIGHLY unlikely that you will extinguish your liability before 100% has been paid. It is, after all, the whole point of joint and several liability - both (all) parties owe the entire amount to the creditor, and the creditor is free to collect any or all of it from any... Read more »

2 Answers | Asked in Collections for Pennsylvania on

Q: If I send a cease & desist letter to debt collector, on time barred debt, but do not acknowledge debt, will they sue?

A third party debt collector has obtained an old debt of around $700. This type of debt is beyond the statute of limitations in my state of PA. I am mailing a letter stating such debt is beyond SOL, thus time-barred. Also, I am requesting no further contact. Can/will this collector still (attempt)... Read more »

Bruce Alexander Minnick answered on Apr 24, 2019

Considering the tiny size of the old debt, it is not very likely that a debt collection company will try to enforce it--even in small claims court. Rather than say or do anything that could possibly result in reaffirmation, why not say nothing, wait to see what happens and if they do sue, raise the... Read more »

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1 Answer | Asked in Collections, Contracts and Small Claims on

Q: Hi I need help about a company trying to collect payment for a loan when they have failed on there end

We purchased a tv laptop and printer from Harvey Norman around $10,000 we have paid every month when they send us the bill without fail we have recently got a letter saying that we owe you $6601 but they haven’t bothered to send us a bill for over eight months. We agreed when we purchased it that... Read more »

Bruce Alexander Minnick answered on Apr 23, 2019

Sadly, too many people think that unless they get a timely bill from a creditor, they do not have to pay the agreed monthly payment. Not true.

Even if that fantasy was true, that argument fails in this case because you just got the bill--for $6,601. Bottom line: Unless you do something...
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1 Answer | Asked in Contracts and Collections for Missouri on

Q: If a Judgment is issued in Missouri can a garnishment be made in Kansas?

Bruce Alexander Minnick answered on Apr 18, 2019

Since you asked this question twice, I will give you the same answer as I did before:

"Generally, yes, because of the Full Faith and Credit Clause of the Constitution of the United States--which requires all states in the union honor the judgments of all other states. However, as noted in...
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