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Collections Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

1 Answer | Asked in Collections for Virginia on
Q: I have a credit card debt sold to midland credit management (MCM), set up payment arrangement, still seeking judgement.

As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2024

None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the... View More

3 Answers | Asked in Bankruptcy and Collections for Kentucky on
Q: Can a debt collector who placed a judgement lien on my home, also garnish wages? (In reference to a repo'd vehicle)

Co-habitation or significant other and I share debt. I own my home while my partner did not own property when he filed bankruptcy. I attempted a Chapter 13 but it was dismissed as the courts wanted more than I can pay. I did not want to loose my home. Bankruptcy attorney instructed us to return the... View More

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Sep 23, 2024

A debt collector is not restricted to just attaching your home. He can garnish wages, a bank account, and even attach a car or furniture to be sold to satisfy the debt. All at the same time but he is limited to the amount of the debt. The judgment often allows him to collect interest and... View More

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Do I have to respond to an unsigned Complaint? And all exhibits against me are not signed?

The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More

1 Answer | Asked in Animal / Dog Law and Collections for Idaho on
Q: Can a debt collector take my dog?

I have a phone call scheduled with a lawyer over a debt collection. He said he's going to ask me what property I own. Will they consider taking my dog?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2024

Legally, yes. A dog is property. As a realistic and practical matter, no. First, a dog has to be fed and sheltered. No creditor is going to take a dog only to have to care for it. Second, the purpose of taking property is to be able to sell it to pay some or all of the judgment. Your dog isn't... View More

2 Answers | Asked in Collections for Virginia on
Q: I have a cofessed judgement against a small business owner who owes me over $115 K. The owner is in default. I

I like to know if there is a way to collect from the small business owner.

Steven Krieger
Steven Krieger
answered on Sep 8, 2024

Yes, you can collect, but you first have to confess the judgment to the clerk if you haven't already done that. Then, you can start the involuntary collection efforts like garnishing wages or bank accounts or levying personal property. I'm sure anyone who responds would be happy to help... View More

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1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Florida on
Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.

A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More

1 Answer | Asked in Collections for Missouri on
Q: I live in missouri, i was served a couple weeks ago by a 3rd party debt collector, I filed an answer and mailed it to

i mailed it to the lawyers and i filed it with the court house, however I missed the court date and a decision was made against me. can i appeal that also there is an arbitration clause on my original debt

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Hire an attorney familiar with motions to set aside default judgments. You’ll need to show “good cause” and a “meritorious defense.” Pro se litigants regularly fail to file compliant motions. Hire an attorney if you can afford one. After the judgment set aside you may move to dismiss... View More

1 Answer | Asked in Business Law and Collections for Texas on
Q: I'm being sued by Discover credit card after going through debt consolidation. do I need lawyer ?

Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2024

You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More

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1 Answer | Asked in Car Accidents and Collections for Kansas on
Q: Do I need a lawyer?

I was served papers for a car accident in 2019 that I didn't know anything was still active on. My car was totaled, and paid for by insurance. I was under the impression that I was not at fault. I did not lose anything so I had no reason to look further into it, until now. Court date is Aug... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Kansas attorney could advise best, but your question remains open for a week. Court date - August 28th - that's tomorrow. Sorry, I wish I saw your question sooner. By now, you may have been in touch with other side to request an adjournment, or to discuss settlement, or other??

An...
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1 Answer | Asked in Collections for Michigan on
Q: How to win against a debt collection lawyer for a debt that I have already disputed?

My employer received a garnishment against me. I have already disputed this debt with the credit bureaus and had it removed and spoke with the collection agency and argued it is not my debt. I was on a lease with my mom and her boyfriend, because I was over the age of 16 I had to be listed on the... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

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2 Answers | Asked in Collections, Education Law and Contracts for Louisiana on
Q: Is there any way to get out of paying an unreasonable loan?

I signed a student contract agreement that I didn’t realize stated that I could never cancel the program or withdraw. Additionally, they’re going to make me pay the loan even though the program hasn’t started yet and I will not be completing anything in the program.

Joseph Barron Odom Sr.
Joseph Barron Odom Sr.
answered on Aug 13, 2024

It is very hard - if not impossible - to get out of student loans/student contract agreements.

For example, student loans cannot be discharged even through Bankruptcy proceedings. Further, Louisiana law is clear that in contract disputes, the contract signed by the parties is the law...
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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

Jan F Hoen
Jan F Hoen
answered on Aug 30, 2024

If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a...
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1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: what about credit card debt when you are dead?
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More

2 Answers | Asked in Collections and Insurance Bad Faith for California on
Q: Can an insurance co. threaten to send you to collections and to ding your credit when they made a mistake and overpaid?

I have been going through cancer treatments and have been on long term disability. The insurance co. made a mistake and are now wanting me to pay back $13800.00 + dollars and have threatened me with collections. Can they ding my credit when we did not enter into a credit agreement with them?

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

Insurance companies can pursue overpayments. One option might be to discuss with your state's Department of Insurance in terms of your consumer protections and options, based on amount, nature, and timeline of overpayment. Good luck

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2 Answers | Asked in Tax Law and Collections for North Carolina on
Q: Home is under a Contract for Deed from a trust. Seller's name on deed. Can the IRS use this equity for collections?

Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More

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