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1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 17, 2021

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... Read more »

1 Answer | Asked in Consumer Law, Collections, Legal Malpractice and Small Claims for Washington on
Q: A random lawyer sued me for debt that wasn’t mine and I thought it was a scam but I now owe him. Isn’t this illegal?

My fiancé got handed a random court case with my name on it stating I owed debt to places I’ve never been to or had accounts with so I thought it was a scam, but I just got another set of papers in the mail that state I now owe money to this lawyer for the debt and I don’t understand how this... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2021

A Washington attorney could advise best, but your question remains open for two weeks, and those court papers your fiancé was handed could have relatively short deadlines by which a response is due. There could be a number of reasons for the court case, one being that someone made fraudulent... Read more »

1 Answer | Asked in Collections for Michigan on
Q: Is child support exempt from being taken by a debt collector if they freeze your bank account?

I only had unemployment and child support in my bank account when the debt collector put a hold on my account. Are they are to take the funds?

Brent T. Geers
Brent T. Geers answered on May 14, 2021

I'm not entirely sure, but the burden will be on you to convince a court that those funds are protected from seizure. That is a difficult argument to make when multiple funds are commingled into one account and then seized.

2 Answers | Asked in Divorce, Family Law and Collections for Colorado on
Q: How to get my name off a car I cosigned on.

I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?

Sabra M. Janko
Sabra M. Janko answered on May 11, 2021

If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.

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2 Answers | Asked in Collections for North Carolina on
Q: The lien was released via debt cancelation, per the statute of limitations. Are they required to satisfy the judgement?

The judgment expires this October. The bank rep says they have the options of: 1)allowing the judgement to expire 2)extending the judgement for an additional 10 years and/or 3)requiring some type of payment to satisfy the judgement. She says they are not required to satisfy the judgement unless... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 11, 2021

If you made no payments but received a Form 1099C cancellation of debt, your Judgment was not "satisfied" or "resolved" or "paid off". They can still legally collect on it even though on their books they deemed it "uncollectible" and wrote it off of their... Read more »

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1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 10, 2021

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... Read more »

1 Answer | Asked in Child Custody and Collections for Michigan on
Q: If child haven't lived in Michigan for four years yet still charging me cs should I be paying this. Now Rack up I'm scr

Now I'm threaten with jail time.

I'm unemployed unable to collect covid unemployment so I'm screwed

Brent T. Geers
Brent T. Geers answered on May 10, 2021

The child living in Michigan has nothing to do with your child support obligation. You are ordered to pay a certain amount unless modified legally. Once arrearages accrue, they don't go away.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Michigan on
Q: I won a small claims judgment, for 6096.00 in Inkster MI, against a apartment management corp, but unable to collect.

I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?

Brent T. Geers
Brent T. Geers answered on May 10, 2021

You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.

All you can really do is keep trying...
Read more »

1 Answer | Asked in Collections for New York on
Q: How long can a creditor come after me? What is the SOL for a debt judgement? And how many times can it be renewed?

A collector did a credit pull recently, it dropped my score and will be on my report for 2 years. I'm pretty sure my debt was payed by my fathers estate due to a lien on the property that was left to myself and 3 others in my fathers will. My father passed in 2011, that would mean the estate... Read more »

Michael David Siegel
Michael David Siegel answered on May 7, 2021

The whole issue makes no sense. You have no liability for your father's debt. A lien on property follows the property. I do not think this collector was trying to collect this debt, unless you were on the card also. The SOL is six years from the last payment. Based on your post, even if... Read more »

1 Answer | Asked in Collections for Louisiana on
Q: I have been sued for medical loan and was served but not personally. A family member received it. How do I respond?

Medical loan from out of state bank in New York. Do I admit or deny?

Randy Bryan Ligh
Randy Bryan Ligh answered on May 6, 2021

If you fail to respond timely, then the creditor will seek a default judgment against you so please make sure you handle this timely. If you have the resources, I would contact an attorney in your area---collections or general practice---and discuss this matter with them, obtain your options and... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: If I received a Motion for Summary Judgement do I need to show up to that court date?

I’ve been working with a debt settlement company for almost two years and my discover acct is the account that I received a Court Calendar and a Motion for Summary Judgement. I’ve almost been making payments to my debt settlement company for two years as well.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 29, 2021

You won't go to jail if you don't show up, but a judgment will be entered against you for the full amount owed. In order to keep a judgment from being entered against you, you need to file an Affidavit which controverts one of the facts necessary for them to get a judgment. That needs to... Read more »

1 Answer | Asked in Contracts and Collections for California on
Q: I was in a car accident, the physical therapy office sign a lien. Then sent me to collections. Do I have any recourse?
Leon Bayer
Leon Bayer answered on Apr 28, 2021

You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.

1 Answer | Asked in Consumer Law, Small Claims and Collections for Oregon on
Q: Statute of limitations for 10-year debt?

Hello,

I received a collection notice from a debt collector (from old phone company) for a 10-year debt. Are they within the SoL to collect? I wrote and confirmed the balance owed from 2011, but had never received a bill for this balance until last week. I haven't received any other... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2021

Whether it is past the statute of limitations depends on a few things. First, exactly what is trying to be collecting upon? The original debt or a court judgment against you arising out of that debt? IF it ever was reduced to a court Judgment, Judgments in Oregon are good for 10 years and maybe... Read more »

1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How do I submit a file for a failed response of writ of garnishment by the garnishee

The defendants employer (garnishee),Failed to respond within 20 days of the court order

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 24, 2021

I don't know about Florida, but in my state I'd file a motion for default judgment against the garnishee along with a notice of hearing. Last year that worked and I got a ~$25k judgment against the garnishee for failing to answer the interrogatories and to withhold wages.

1 Answer | Asked in Divorce, Family Law, Collections and Domestic Violence for California on
Q: I need a divorce/family law attorney to file a few papers and come tell the courts that my ex-husband is in contempt.

My ex-husband is well off & has stopped paying support against court orders. I believe this is called contempt, and need a divorce/family law attorney to let the courts know & enforce collection. Any help finding one is much appreciated! Thank you. ~

Dale S. Gribow
Dale S. Gribow answered on Apr 23, 2021

what court are you dealing with?.............

if Riverside County I will give you some names................

Dale Gribow Attorney at Law 760 837 7500

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: I left the state of Georgia to come to Texas for a family emergency and now they're telling because I'm behind on my pay

Because I cross the state line and do not let them know they're saying that they're going to put this charge on me of fraudulent use of vehicle

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 23, 2021

It seems like you described a problem but didn't ask a question. Without knowing more, the main thing I can say is that making the payment ASAP is probably going to be the cheapest, easiest, quickest, and most painless way out of the situation.

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: Can you refile in small claims court if you missed your court date?

I filed a case in small claims court and had an emergency the day of court. I called the court later that day and asked if I could refile. I was told yes because it was dismissed without prejudice. I refiled and went to court and the judge told me that he would not hear the case because I did... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 22, 2021

You can ask for reconsideration by another judge or file an appeal.

4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Tristan Brown
Tristan Brown answered on Apr 17, 2021

I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.

From my...
Read more »

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1 Answer | Asked in Collections for Missouri on
Q: What all do you need to do on a discovery as a defendant?

Currently a defendant for civil case for debt collection. I answered the questions. Do I need to have a cover letter for this report? Do I need to sign it or notarize it. The plaintiff did not leave spots for signature or to be notarize

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 16, 2021

Answers to interrogatories should be notarized in Missouri. No cover letter is necessary. You should also file and serve a certificate of service. It's not required that the plaintiff provide the notarization page but you could request one.

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