Collections Questions & Answers

Q: can a joint spousal checking account in PA be frozen if only one person owes the debt?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Jul 17, 2018
Cary B. Hall's answer
It really shouldn't be. Property owned by a husband and wife is a special kind of ownership in Pennsylvania known as a tenancy-by-the-entireties. This includes money held in a joint checking account in the names of both husband and wife. A creditor of just one spouse cannot seize property owned by both spouses held in tenancies-by-the entireties. So the answer is no -- that joint checking account shouldn't be frozen. And if it is, you would have this defense to release any attachment of...
View Details »

Q: My car was repo'd almost 9 years ago. The company just started garnishing my wages. Is that allowed this long past?

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Oklahoma on
Answered on Jul 15, 2018
View Details »

Q: How should I handle the following military matter?

1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on
Answered on Jul 10, 2018
Angelina Bradley's answer
There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.
View Details »

Q: In AZ & received summons for a debt from 02/2012 for $3000. I want to deny the debt. Is it best to hire a lawyer?

1 Answer | Asked in Collections for Arizona on
Answered on Jul 10, 2018
Ronald J. Eisenberg's answer
You'll increase your chances of a decent resolution if you hire an attorney. You'll have to decide, however, whether it makes financial sense to pay an attorney by the hour to defend against a $3000 claim. My guess is that after you call a couple of attorneys and they tell you that they charge $200+ per hour that you will decide to defend the case pro se. There are a lot of resources available online, but without having gone to law school and practices law, you will be at a disadvantage....
View Details »

Q: Can a hoispital collect a bill they say I owe from 19 years ago

2 Answers | Asked in Collections for Virginia on
Answered on Jul 10, 2018
Ronald J. Eisenberg's answer
Each state has its own statute of limitations. Google your state's name, "breach of contract," and "statute of limitations." My guess is that the claim is time-barred. Certain actions, like a payment toward the debt, might restart the statutory period.
View Details »

Q: I filed WID; she's been served & is now demanding info; ret. date in Aug; do I have to respond or "see you in court"?

1 Answer | Asked in Collections for Virginia on
Answered on Jul 9, 2018
L. Ilaine Upton's answer
I am assuming she requested a Bill of Particulars. If that is the situation, yes, you do need to respond according to the rules of court. If the requests are informal, please consider whether your failure to cooperate will be seen by the court as prolonging the dispute. If the dispute can be resolved informally, this is something that the court will prefer.
View Details »

Q: I'm being sued by a 3rd party collection agency over an online loan. I sent a request for discovery

1 Answer | Asked in Collections for Missouri on
Answered on Jul 5, 2018
Ronald J. Eisenberg's answer
File a motion to compel and set it for hearing.
View Details »

Q: So I woke up this morning to my bank account being 5000.00 negative. This if from 2006 my codefendant is deceased

2 Answers | Asked in Collections for Florida on
Answered on Jul 3, 2018
Barry W. Kaufman's answer
Sounds like your bank was served with a writ of garnishment. If that's the case, you will receive in a few days a copy of the motion for the writ of garnishment, and the writ, and a notice to you about any exemptions to the garnishment that you might have, as well as a form to ask for a hearing. You don't get advance notice of a garnishment. It is immaterial that your codefendant has been deceased since 2006.
View Details »

Q: Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to

1 Answer | Asked in Collections for Florida on
Answered on Jul 2, 2018
Alex McClure's answer
They cant take your social security. See a consumer protection attorney if you wish. Document all calls from the collector (date, time, name, what was discussed) and save all letters and other correspondence.

Hope this helps.
View Details »

Q: i have a friend who owes me money. i had her sign a reciept from the atm and on it stating the terms. do i have a case

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Collections for New York on
Answered on Jul 1, 2018
Michael David Siegel's answer
Save the document. If the terms say December that is the due date. There is no default yet. You can sue in small claims for this.
View Details »

Q: My parents receive a tax bill and a lien has been put on their 1/3 interest of timberland.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Collections for California on
Answered on Jul 1, 2018
Thomas A. Grossman's answer
Yours is a complicated question, and a sad situation. There is not much you can do about the mobile home, since it was sold and the Park is closed. As to your parents being hit with a 1/3 tax bill and lien, I think they will have to pay the Bill to get the Lien on the land removed. Without knowing all the facts, I cannot give you further advice. As it is, I am only guessing at what needs to be done. I would seek out a lawyer near you for advice. Good Luck.
View Details »

Q: Can money be garnished from my trust fund inheritance check when I cash it? If I owe student loan money?

1 Answer | Asked in Estate Planning, Collections and Elder Law for Oregon on
Answered on Jun 29, 2018
Joanne Reisman's answer
To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment papers on the person who is cashing your check.

The fact that you owe student loans means you have a debt and the debt has special characteristics being that it is a student loan. Whoever is...
View Details »

Q: Please advise what is the best way to approach it.

2 Answers | Asked in Bankruptcy and Collections for California on
Answered on Jun 28, 2018
Timothy Denison's answer
You really need the help of an experienced bankruptcy practitioner. The multiple filings may be problematic and the issues involved with short sale and loan modification can be complicated and frustrating. You should be able to get a consultation and at least get some advise for the right direction if you are determined to do it on your own.
View Details »

Q: Can a person be served without recieving the document by hand...?

2 Answers | Asked in Collections for Mississippi on
Answered on Jun 27, 2018
Arthur Calderon's answer
Yes; however, it depends on the exact circumstances in which the warrant was served.
View Details »

Q: It has been3 years since I have seen my children two of them was from an ordered no contact order is it legal for her

2 Answers | Asked in Child Custody, Child Support, Family Law and Collections for Georgia on
Answered on Jun 26, 2018
P. Justin Thrailkill's answer
You need to file for a modification of visitation if the papers are that vague. Talk to an attorney about your options in modifying visitation.
View Details »

Q: Which state hold judgments after family law case is transferred?

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Collections for Wyoming on
Answered on Jun 26, 2018
Timothy Denison's answer
All eight years interest will accrue pursuant to the judgments issued under New Jersey law.
View Details »

Q: How can I utilize my post judgement interrogatory from a small claims court defendant?

1 Answer | Asked in Civil Litigation and Collections for Kentucky on
Answered on Jun 23, 2018
Timothy Denison's answer
You can go to the clerk of court and have a garnishment or execution issued for property of the defendant which may achieve the goals you’re seeking. Because there are certain property exemptions available to Defendant, you may want to contact a local lawyer to help you with this step.
View Details »

Q: will tennessee extradite a person back to florida if an warrant has been issued a for them unpaid restitution

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Answered on Jun 22, 2018
Anthony Marvin Avery's answer
If Florida applies for Extradition, Tennessee will probably pick him up and hold him as a Fugitive From Justice. Once the Arrest is made, Identity may become an issue , but Bond is either very high or nonexistent. Then Florida must come here to pick him up for Violation of his Sentence Requirements. After a few months and Florida does not come here to get the prisoner, he might be released.
View Details »

Q: Is it legal for a parent to continue to collect child support on a child who is living with the paying parent?

1 Answer | Asked in Child Custody, Child Support, Collections and Family Law for Georgia on
Answered on Jun 20, 2018
Homer P Jordan IV's answer
It sounds like a child support modification may need to be done, but without being able to review the facts of the case in detail it's difficult to give a thorough response. You should consider consulting with an attorney can review the facts and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558
View Details »

Q: I bought a car at a buy here pay here, i can't afford it anymore am I responsible for the loan on a voluntary repo?

2 Answers | Asked in Contracts, Products Liability and Collections for Pennsylvania on
Answered on Jun 20, 2018
Elizabeth Tarasi's answer
Yes. They generally reposes the car, sell it at an auction and get what they can for the car and hold you responsible to pay the difference.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.