Collections Questions & Answers

Q: Towing company charging me to get my own property

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on
Answered on Jun 22, 2017

If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The towing company certainly has the right to deny you access to the car until you pay what is owed.
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Q: Am I liable for my wife's credit card debt? We are married and she's is going through some mental distress(bipolar?).

3 Answers | Asked in Bankruptcy, Collections, Consumer Law and Family Law for California on
Answered on Jun 21, 2017

It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned your wife has bi-polar. Is the debt spending illness related? If so, does she need to have her medication adjusted to help curb the spending? Another suggestion is to have your wife join Debtors...
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Q: Are debt collectors obligated to agree to a payment plan if I can't pay my debt in one lump sum?

1 Answer | Asked in Collections for California on
Answered on Jun 21, 2017

No, but you may be able to negotiate a payment plan with the aid of a lawyer you hire. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I signed a student loan for my daughter and now she does not want to pay what is my recourse. What type of lawyer do I n

1 Answer | Asked in Education Law, Collections and Consumer Law for Connecticut on
Answered on Jun 21, 2017

it depends on the type of student loan what type of relief may be available to you. Most bankruptcy attorneys are able to give you helpful advice how to approach this problem.
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Q: In the state of Virginia Can you be forced to sell your home 4 unsecured debts?

1 Answer | Asked in Collections for Virginia on
Answered on Jun 21, 2017

Yes, creditors must first place a lien on your house by having a judgment recorded in the circuit court where your house is located. Then there is something called a creditors suit which they can force the sale of your house although it is a long process that many try to avoid. Most creditors will instead wait until you sell your home and collect their judgment then.
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Q: How long does a judgement lien/levy hang over your head? When can yo

1 Answer | Asked in Collections for Pennsylvania on
Answered on Jun 19, 2017

Generally 6 years then it can be revived. You can declare bankruptcy. Might want to get a conuslt with a consumer lawyer to find out what your options are.
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Q: What actions can a pay day loan company(Allied cash advance) take if you do not pay back a long term installment loan?

1 Answer | Asked in Small Claims, Collections and Consumer Law for California on
Answered on Jun 17, 2017

They can file an action on the debt to get a judgment against you, then take that and start garnishing your wages. If it comes to that, I guarantee you the costs, interest and fees will be exorbitant.

You're better off making a workout deal with the creditor, unless you have so few assets and/or income it becomes feasible to file a bankruptcy proceeding. Consulting with a bankruptcy lawyer can answer a lot of your questions about how to deal with your current situation.
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Q: Can a collection agency keep pursuing me for money. Despite the fact my insurance company told them I don't have to pay?

1 Answer | Asked in Collections for Tennessee on
Answered on Jun 16, 2017

Yes, they can try to collect from you. Collection agencies ( some, not all) have been known to try all kinds of tricks and shady practices in order to get a person to pay- they really are not concerned about whether you legally owe the debt, they are just concerned with what it takes in order to get you to pay. Some people will pay just to make them stop the collection process. I suggest ignoring them completely- if you respond in any way, that confirms to them that you are still alive, living...
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Q: Maine-I filed small claims action 4 breach of contract re: dog breeding, I won, Defendant did not pay judgement $6000 by

1 Answer | Asked in Contracts and Collections for Maine on
Answered on Jun 16, 2017

Sounds like you have done a good job so far. I would say do a disclosure hearing and request all their financials - bank statements, tax returns, debts, and business P&L statements. Then the court can set a payment plan or a deadline for full payment, again enforceable by a contempt action.
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Q: Can Aurora Health Care automatically send bills for deceased patient to collection agency? It's their new policy.

1 Answer | Asked in Collections and Probate for Wisconsin on
Answered on Jun 15, 2017

Are they sending the bill to you? Sounds like you need to locate a Wisconsin consumer law lawyer to review the letter for you. They shouldn't charge you anything to review the letter, explain your rights, and give you some advice.
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Q: Collection against me for my child's bill signed by my spouse

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Answered on Jun 12, 2017

As this could be a.matrimonial matter and collection matter, it depends on who is liable under the insurance, the matrimonial agreement and who is the responsible party. Short answer is yes
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Q: We obtained a Default Judgement. The debtor owes nearly $25,000. Best methods to actually collect?

1 Answer | Asked in Collections for North Carolina on
Answered on Jun 12, 2017

There is no best method to collect but there are many options to try. Real and personal property assets can be seized to satisfy the judgment. Debtors are often willing to make payments. Trying to figure out what can be taken and what will result in payment on the judgment is not easy. The post-judgment process is a bit tricky and can be difficult without an attorney. For this amount of money, I suggest retaining an attorney to help you with this process or at least pay an attorney for a...
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Q: What is the statue of limitation on credit collections after someone dies

1 Answer | Asked in Collections for Tennessee on
Answered on Jun 12, 2017

The statute of limitations does not change. However, if a formal administration of the deceased's estate is opened ( either with a will or no will) that process can drastically shorten the time period for the credit card company to file a claim. This requires giving the credit card company written notice of the death of the customer. I suggest your consult an experienced probate/estate lawyer.
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Q: can bill collectors take a vehicle if its your only trans. if both husb wife on disability?

1 Answer | Asked in Collections for Florida on
Answered on Jun 10, 2017

There is an exemption for an automobile, if that's what you are asking.

"[Florida Statute] 222.25 Other individual property of natural persons exempt from legal process.—The following property is exempt from attachment, garnishment, or other legal process:

(1) A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01.

..."

Your problem is that, if the car is worth more than $1,000, it can be subject to legal...
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Q: Got a letter from the court saying they want to revive a judgment from 19 years ago also asking for wage garnishment.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for New Jersey on
Answered on Jun 9, 2017

Yes, you can. It will require a motion. You need to demonstrate a defense and lack of service.
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Q: Can a lawyer call you on your personal phone and at work to collect a personal debt owed to his friend?

1 Answer | Asked in Business Law, Collections and Personal Injury for Colorado on
Answered on Jun 8, 2017
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Q: I feel like a collector has violated a law for calling me over 20 times in a single day. Do I file a complaint with the

1 Answer | Asked in Collections for Florida on
Answered on Jun 6, 2017

Excessive calling may be a violation of the Fair Debt Collection Practices Act and subject to significant monetary penalties. I would recommend that you keep a journal of the calls and schedule a consultation with an attorney to discuss the details of your case and have them serve a Cease & Desist letter. If they keep contacting you, I would recommend that you file suit against them. It is a Federal lawsuit and if they violated the provisions of the FDCPA, there really are no defenses if...
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Q: If I move to Florida and buy a home after creditor won lawsuit against me. Will my home be exempt.

2 Answers | Asked in Collections, Consumer Law and Real Estate Law for New York on
Answered on Jun 6, 2017
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Q: What should I do?

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for California on
Answered on Jun 6, 2017

In order for your paycheck to be garnished, there must be a court judgement. You should have been served court papers. If you were, but failed to respond, there may be a default judgement against you. There are some ways you may have been legally served, but didn't actually get the papers. First thing, you must find the court case; it may not be too late to have the default vacated. Do not wait.
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Q: mom&sister were killed so to help us my sisters job signe over her last check to me, must it be used to pay her debt 1st

1 Answer | Asked in Estate Planning and Collections for Texas on
Answered on Jun 6, 2017

No. Texas requires that debts be paid first and that they be paid in a certain order. Contact a local probate attorney to make sure you manage your sister's estate properly.
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