Lawyers, Answer Questions  & Get Points Log In
Collections Questions & Answers
3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

View More Answers

2 Answers | Asked in Collections for California on
Q: I have a judgement against me from capital one and it shows that it's vacated . What can I do

09/28/2020 8:30 AM DEPT. S16 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED

03/27/2020 8:30 AM DEPT. S16 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED

03/02/2020 WRIT FEE OF $40.00 PAID Not Applicable

03/02/2020 WRIT OF EXECUTION ISSUED TO SAN... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

The entries you quoted above do not show that the Judgement was vacated. They show that a writ of execution may have been issued to the County. Need more information.

Justia disclaimers below, incorporated herein.

View More Answers

2 Answers | Asked in Contracts and Collections for Utah on
Q: What steps do I need to take to sue someone in a different state

Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California

Wesley Winsor
Wesley Winsor answered on Jun 26, 2020

You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she... Read more »

View More Answers

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: I negotiated a garnishment from the usual 25%, which added up to $264 every two weeks, to $100 every two weeks.

How long from the judge signing the order does the collection company have to implement the order?

Timothy Denison
Timothy Denison answered on Jun 25, 2020

3-4 weeks.

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Hello David. My question would be should the garnishment been taken out of my short term disability ?

If not how could I go about getting that money back?

Joseph Michael Romano Esq
Joseph Michael Romano Esq answered on Jun 23, 2020

There is no exemption in Ohio to protect short term disability payments (received from an insurance company, I presume) from being attached. The only way you can get it back would be to file a bankruptcy (presuming you are having financial difficulties (consult a bankruptcy attorney) and getting... Read more »

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: My job paid me once Unum Ins was sent the doctors info. So when I got my check I saw there was a deduction.

I pay out of my check each week for the short term disability and or income replacement premium. So when my company sent the money the garnishment was already taken out in the sum of 900.00 I hope this helps. I know some states look at employer short disability as income. Not sure where Ohio fall... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 23, 2020

So What is your question?

2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: I was on short term disability from job and got paid from insurance plan through work. Can that be garnished. In Ohio

I have been getting money taken out of my check for the a garnishment while I was working but thought Short term disability was exempt? It was for a old judgment.

Timothy Denison
Timothy Denison answered on Jun 22, 2020

The short term disability should be exempt!!!

View More Answers

1 Answer | Asked in Collections and Contracts for Puerto Rico on
Q: Can a law suite and judgement in Puerto Rico for collection of rent for an abandoned apartment be extended to the States

I have a building in Puerto Rico where a tenant recently stopped paying rent and went back to the states. There are 6 months left on the lease and I am trying to decide whether it's worth pursuing in court.

If I am able to get a lawsuit judgment in PR courts can I then extend that... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 19, 2020

A judgment from Puerto Rico would be treated as a judgment from any of the 50 states. The judgment creditor would need to follow the procedure required under the laws of the state where property ( or assets such as bank accounts, etc.) has been found, so that the P.R. judgment can be executed in... Read more »

1 Answer | Asked in Copyright, Collections, Patents (Intellectual Property) and Trademark for Pennsylvania on
Q: I want to use the tune to ColePorter's song "Anything Goes" with new lyrics on Youtube. Do I need copyright permission?
John Brian Hudak
John Brian Hudak answered on Jun 17, 2020

Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... Read more »

1 Answer | Asked in Collections and Small Claims for California on
Q: Does the plaintiff have to provide copies of receipts, emails, etc to the defendant prior to the court date?

This is a small claim court case related to a training we provided to an entity's personnel. They agreed via email to the terms and conditions. We provided the training and have proof of the service being provided. The other party never paid and never disputed. They just didn't pay even... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 17, 2020

Short Answer, NO. Small claims is meant to be an expedited trial situation for cases of a smaller value (used to be $2500, now up to $10,000). There is no "discovery" in Small claims, but other forms of compelling the production of witnesses and evidence, such as the subpoena power of... Read more »

1 Answer | Asked in Collections for Missouri on
Q: Husband has not been served for a credit card debt. Does he have to attend court if he was never served?

We are in Missouri. Law firm has our address and we even called them to settle the debt. They refused to settle, saying they will only accept full amount owed. They've requested a summons twice now, but we've never been served. The deadline just ran out on the second summons. I'm not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 12, 2020

If the plaintiff doesn’t claim to have achieved service, then it cannot take a default against him if he doesn’t appear. If he appears without having been served then he waives service.

1 Answer | Asked in Collections for New Jersey on
Q: am i still responsible for my wife's medical bills after she passes

I didn't sign as guaranteer

Stuart Nachbar
Stuart Nachbar answered on Jun 12, 2020

It really depends if you signed as a guarantor of the bills, or did you not sign anything. Ask them for proof that you signed as a guarantor before you make anymore payments. Also remember that being a power of attorney does not automatically make you liable.

2 Answers | Asked in Consumer Law and Collections for Tennessee on
Q: I have a creditor that call all day everyday. For months now . Do I have a case
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you... Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: I need to file bankruptcy. I hear that if I fall under a certain income that I can get free or at least financial Help??

I live in Winnfield, LA 71483, need an bankruptcy Attorney in the Alexandria, Louisiana area that can maybe help me with this. Could you maybe help steer me in the right direction??

Timothy Denison
Timothy Denison answered on Jun 7, 2020

Check with your local bar association or legal aid society. They maintain lists of lawyers who handle cases for reduced fees or pro bono (free).

View More Answers

1 Answer | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license can be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

you asked this twice. Check the answer I and others gave. This looks like an identical post.

2 Answers | Asked in Collections, Traffic Tickets, Car Accidents and Insurance Defense for Oregon on
Q: I was in a fender bender where I rear ended someone, now I’m being sent to collections and they say my license will be

Suspended if I don’t make a Minimum payment if 1000 down and 100 a month. When I got in the accident I had just bought a car the night before from a personal buyer and had not had a chance to put insurance on it in the less the lab 24 hours after having it. I bought the car on 4/20/20 at 7pm, and... Read more »

Virgil Royer
Virgil Royer answered on Jun 5, 2020

First, the collection agency is collecting a debt. They are not the Department of Motor Vehicles (DMV) and have no power to suspend your driving privilege. Second, you mentioned "grace" period. Did your insurance company deny coverage for this accident even though you just bought the car?... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Collections and Small Claims for North Carolina on
Q: A Judgement was filed against me for credit card debt how do I need to respond?

It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... Read more »

Paige Kurtz
Paige Kurtz answered on Jun 2, 2020

It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might... Read more »

2 Answers | Asked in Collections for Ohio on
Q: The above captioned case is dismissed without conjunction at plaintiffs cost for want of prosecution as to both.

What does that mean? I’m the defendant.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 1, 2020

Plaintiff didn't take any action and so the case is dismissed.

View More Answers

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: In VA does a creditor simply fill out a form to extend a judgement or must it go to court? Will the debtor be notified?

Will I be notified and given a chance to go to court for the renewal (extension) or just notified afterward (or not)?

Will the coronavirus and court closures affect the statute of limitations? I'm almost certain it expired at the end of April.

If so, details will be appreciated.

F. Paul Maloof
F. Paul Maloof answered on May 30, 2020

If the judgment was recorded in a circuit court in Virginia, as the 20 year period for the first period of the judgment approaches, you must file with the same circuit court a Motion to Renew the Judgment. If the Motion is granted, it will extend the judgment for anther 10 years. The debtor's... Read more »

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.