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1 Answer | Asked in Collections and Banking for Pennsylvania on
Q: I'm being sued by Capital One. It is my account solely. All my accounts and assets are in my name and my wifes name.

Is there anything that can be seized based on unsecured debt law in Pennsylvania? Everything I'm reading is saying there isn't much that can taken to repay the debt since it is solely mine.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 9, 2025

If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You...
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1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: Being sued for debt but summons was delivered to the wrong address and not signed by me - what should my next step be?

I discovered recently that a lawsuit was filed against me due to my Discover debt. I had no knowledge that it was assigned to an attorney's office. I was on the Mecklenburg court site to verify something regarding a different situation and I seen the lawsuit information. The summons was served... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 4, 2025

You will need to file a motion to set aside the entry of default due to faulty service under Rule 60. If it was served by mail, an affidavit from you will be required with proof of your correct address. You will likely need a lawyer to help you because there are no "forms" for this Motion... View More

1 Answer | Asked in Collections for Colorado on
Q: I got a spam email saying that I have a debt collection, in the email they threatened an arrest warrant and a court date

But there was no formal documentation of it in the sent email, it looks real but I've never seen something like that without the documentation download with it what should I do

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2025

A Colorado attorney could advise best, but your question remains open for two weeks. It could be spam - collection actions are not generally associated with arrest warrants. They are usually civil matters. However, attorneys here could feel uncomfortable in telling you to dismiss it or treat it... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Collections for Nebraska on
Q: What do I write in my request for transcript of pleading/documents

What’s happened is I got served from a creditor so I put in an an answer and denial, that my credit has reached the statute of limitations in Nebraska my last payment was may of 2018. I received and letter with a trial date for the month of April 2025 but the plaintiff still managed to get a... View More

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

There isn't a form for this, at least not one approved by the Courts. What you draft depends on the specifics of your case and what you are requesting.

Reviewing the Nebraska Court Rules of Appellate Practice may be a good place to start....
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1 Answer | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More

2 Answers | Asked in Contracts, Employment Law, Business Law and Collections for California on
Q: Does California's FWPA apply to equipment rentals?

I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More

Pavel Kolmogorov
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Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

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2 Answers | Asked in Family Law and Collections for Montana on
Q: I got served something in mail and I’m not sure if I need a lawyer or not

I got served this morning with paperwork from justice court pertaining to DFS and my child’s medical bills that I was told were going to be completely covered by DFS back in 2019 when my case was first opened.

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2025

If you were served with a summons and complaint, or similar legal papers, that would generally mean you have a short window of time in which to respond. In most places nationwide, it ranges from around 20 to 30 days, depending on method of service. As my colleague correctly advises, it would be... View More

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1 Answer | Asked in Contracts, Real Estate Law and Collections for Maryland on
Q: Need Assistance Negotiating Repayment Terms for Condo Fees

I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More

4 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My husband has just started getting his wages garnished. Do we have any options

His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

Robert Keyes
Robert Keyes
answered on Jan 8, 2025

Probably. But it depends on a lot of information that a bankruptcy attorney would need to know. Some example questions:

What notice did you receive of the lawsuit from which he is being garnished?

If nothing then you can file paper to get before the judge and explain why you did not...
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4 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My husband has just started getting his wages garnished. Do we have any options

His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

Ralph Reisinger
Ralph Reisinger
answered on Jan 8, 2025

You have two options. You can file a motion for time payments with the Court, this may allow you to lower the amount you pay on a monthly basis and it will stop the garnishment. Or you can file a Bankruptcy. If you qualify for a Chapter 7, it should not cost you thousands of dollars. You should... View More

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4 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My husband has just started getting his wages garnished. Do we have any options

His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

Edward Gudeman
Edward Gudeman
answered on Jan 8, 2025

In order for your husband's wages to be garnished, the creditor has already obtained a judgment against him. If you cannot negotiate a payment plan for the amount of the judgment, the alternative is to file a Chapter 7 or Chapter 13 bankruptcy.

Filing a bankruptcy may eliminate the...
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1 Answer | Asked in Collections for Oregon on
Q: Is it legal to be garnished if the judgment against me was 07/21/2014?
Gregory L Abbott
Gregory L Abbott
answered on Jan 1, 2025

Before you can be garnished, there has to be a Judgement against you by a court of law. Then the Judgement Creditor can garnish or otherwise try to collect on the Judgement for 10 years, usually with 9% annual simple interest accruing on the unpaid amounts until paid in full. A Judgement can be... View More

2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: Sued someone for personal damages more than $5000 and they never returned informational sheet

How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More

1 Answer | Asked in Collections for Michigan on
Q: Can I have my wages Garnished if I never received a court date for a lawsuit against me?

Credit Acceptance sued me for a loan that they doubled. I never got a court date for the law suit or anything after for any other court dates for wage and tax garnishments. They are taking HALF of my paycheck every week.

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 3, 2024

If you were not served with the summons and complaint, you may have a basis for setting aside the judgment and stopping the garnishment. Also, a wage garnishment is limited to 25% of your net take-home pay. However, you need to file something with the court to raise these issues, and most people... View More

1 Answer | Asked in Collections for Connecticut on
Q: Is it legal for another collection agency to have my information when I paid the debt they are contacting me for?

I had an account with a hospital go to a debt collection agency, I paid them the money and received a confirmation number and also called to confirm the account was listed in their system as paid off. I then received a call from another debt collection agency looking for payment for the same... View More

James (Jake) Dunigan
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James (Jake) Dunigan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024

It's probably not legal and you may have rights and a remedy against the second collector. There are several federal statutes in place to prevent this exact kind of action including the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. An attorney would need to know more... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Attorneys who practice in Puerto Rico could advise best, but your question remains open for over two weeks. Did the agreement for the course you offered include any clauses about where disputes or collections would be handled? That could be the first thing to look into. One option is to approach... View More

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2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Addendum - I just noticed that the manner in which I wrote my response may not have seemed fully clear. By "local," I should have made it clear that I meant local to Puerto Rico. Good luck

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2 Answers | Asked in Collections and Consumer Law for New York on
Q: How can I dispute a collection agency or get a reduced price for a college tuition debt

I graduated two years ago from Lock Haven Pennsylvania but I was unable to pay the last semester of my tuition and it got send to an agency what can I do to get this amount reduced or completely cut, or how can I get the college to release my actual transcript

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2024

It could depend on the agency. Some are more aggressive than others. You could try to negotiate a lower figure if you are newly out of school and struggling. They MAY or MAY NOT be receptive to your attempts. No one here can say what their position will be. They could say no. If you DO succeed in... View More

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