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Collections Questions & Answers
2 Answers | Asked in Collections for Florida on
Q: what can a collections lawyer do with a eviction case from 2016.. Can they take me to jail?

They told me they could put a hold on my person. I explained to her that due to bad health and being unemployed that I couldn't pay the fee that started out at $2184.84 then they said the lowest they could go was to $700. When I asked for documentation regarding this she said they didn't have to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 14, 2019

Ignore them, they are lowly collection people, they cannot arrest you, they can try to file a lawsuit and get a judgment and if you do not have anything or make very little, they cant even collect that at all, they are trying to fear-monger you into paying or agreeing to do something that you do... Read more »

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2 Answers | Asked in Bankruptcy, Divorce and Collections for Texas on
Q: Can an X-Spouse discharge a debt in Ch. 7 if the Divorce Decree states a specific debt can not be discharged in Bkrptcy?

URGENT: I’m in divorce final mediation... The respondent has made an offer to settle equity in property & has agreed to not include a specific debt in a Ch. 7 bankruptcy that he plans to file. Is it bankruptcy fraud if he agreed in final divorce decree to not discharge one specific debt listed... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

This is a mixture of State and Federal law. Bankruptcy law states you must list all debt in your name and a creditor doesn't care who it got assigned to in a divorce decree; all they care about is who took out the obligation to pay the debt in the first place - that is who they will seek to hold... Read more »

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1 Answer | Asked in Collections for Virginia on
Q: What does it mean to have an account charged off? If this happens on an account does it mean you continue to pay?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

When a creditor charges an account off, it does not mean the debt goes away. A creditor will typically turn it over to a collections agency and they will begin pursuing payments from you. The important thing to remember is just because an account is charged off does not mean the debt goes away.... Read more »

1 Answer | Asked in Collections for New York on
Q: If you pay at least something each month on a loan, can they still garnish your wages
Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Yes, unless you have an agreement to the contrary. Why would you pay anything without such an agreement?

1 Answer | Asked in Collections for Florida on
Q: Can a collection agency report an old debt as new?

I had a collection fall off my credit score and here recently the same collection was reported under a new debt collection agency. They're reporting old past due amounts as if they are new. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

No. Unless you somehow renewed this old debt (by trying to make payments recently) you will need to contact the credit bureau and file a challenge to this old debt.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I was served papers by a debt collector to appear in court. Do I need a lawyer and why?

I gave a credit card company the run around when it was time for payments due to the fact that I was currently going from job to job and wasn’t in any position to pay. My account was sold to a debt collector. Now I have papers to appear in court.

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

A decent lawyer should examine the Statute of Limitations, any Defenses, Compromises or at least work out a Slow Pay Order. If nothing else he should inform you of Exemptions. Garnishments will follow the Judgment now and in the future.

1 Answer | Asked in Collections for Florida on
Q: I’m counterclaiming someone suing me - should I Or do I have to put a dollar amount I’m Suing for on counterclaim
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 7, 2019

Yes; but if you are in a small claims court the dollar amount should not be too high because the county court judge will lose jurisdiction--and you will end up paying larger filing fees.

1 Answer | Asked in Car Accidents, Collections and Small Claims for Massachusetts on
Q: Received a "over-pay notice" for insurance check cashed

Good morning,

I was in a vehicle crash in July, 2019. I was not at fault so my damage was paid for by the person at fault. My insurance though sent me a check for damage as well, So i cashed it after they sent me a letter saying it does NOT have to be used for my vehicle. I am now receiving... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 5, 2019

It sounds like your insurance carrier, either in the course of its investigation or in an audit, discovered the double payment - both from themselves and from the other driver. Either on your own or through a Massachusetts attorney, you could ask the carrier if they would be willing to consider... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

2 Answers | Asked in Contracts and Collections for Florida on
Q: What is notice of withdrawal of notice of voluntary dismissal
Linda Liang
Linda Liang answered on Nov 4, 2019

Are you being sued by someone? It seems a party has filed notice to withdraw the complaint and changed their minds thereafter.

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1 Answer | Asked in Collections for Florida on
Q: If my credit card is charge off can they keep adding to my balance
Barry W. Kaufman
Barry W. Kaufman answered on Nov 1, 2019

1. Who is they?

2. Generally, after the CC is charged off, the balance is frozen. However, interest may accrue on the charged off balance, depending on your credit card agreement and how your creditor or its outside lawyers interpret the agreement.

3. If the creditor brings a...
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1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

1 Answer | Asked in Consumer Law, Banking and Collections for Texas on
Q: Can Sprint take money out of my bank account if I closed it and opened a new bank account with the same bank?

Sprint has this clause in their fine print: "You agree that when you provide credit or debit card information at any time during the lease term (including any month-to-month period), you authorize us to charge the card for any and all amounts owed as provided above under “Remedies”

if... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Assuming Sprint is collecting a valid debt, the answer is yes. Why? because The debt is your debt, not a debt owed by your old closed bank account. Caveat: If any creditor including Sprint finds any money of yours in any account at the same bank--possibly even including joint accounts--they can... Read more »

1 Answer | Asked in Collections for New York on
Q: Can someone garnish your wages without prior notification or court proceedings
Michael David Siegel
Michael David Siegel answered on Nov 1, 2019

The government can do it for certain debts like taxes. But, if you are being garnished there is likely a judgment somewhere that caused it.

2 Answers | Asked in Collections, Landlord - Tenant and Small Claims for Florida on
Q: Can a landlord send a claim to collections without litigation first? Miami, FL

After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted me through... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a written dispute... Read more »

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1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A collection agency sent me a pre legal notice in reference to an unpaid unsecured debt. If they sue,

Is my home, owned with my husband, a potential asset in a judgement? The agency is Midland Management and I reside in Ohio

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You might have an FDCPA claim against them, so don't be so quick to allow a judgment to happen. These things can often be fought, and fought effectively.

As for the judgment, yes. It is possible they could file a lien on your house.

1 Answer | Asked in Consumer Law and Collections for Wisconsin on
Q: Have a wage garnishment. The amount of judgmenta was 5,749.27. Have paid 11,297.98 to date.

Recieved a letter saying it has been closed and no further payments are to be made. Just received another letter that they are garnishing my wages for 3,620.04...is this legal?

Nathan DeLadurantey
Nathan DeLadurantey answered on Oct 29, 2019

Gather up those letters and get them to a consumer lawyer for a free consultation. They should offer you a free consultation to review the documents and determine if you've been garnished too much money.

1 Answer | Asked in Criminal Law and Collections for Louisiana on
Q: Someone put a fake check into my account. have a photo copy. it’s clearly not my signature. What’s next??
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 24, 2019

Go to the bank and report it immediately because someone has your account information.

4 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: I closed my business.can't pay back my business loan and I personally guaranteed If i get sued and not appear at court?
Michael David Siegel
Michael David Siegel answered on Oct 23, 2019

You will get sued and you should appear and try to settle it.

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1 Answer | Asked in Car Accidents, Criminal Law and Collections for Pennsylvania on
Q: My car was stolen and found by the police. The officer got the car impounded w/o notifying me. Recovery options w/o fee?

I was not notified when my car was towed away. The cop who found my stolen car got it towed and did not notify me. It has been a month i had to find the tow company myself 36 days later they are charging me 1100 dollars in fees.

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

This is a major problem. Contact your legislator, AAA, others --the law has to be changed. The question is what the towing company is charging. I don't have a clear, clean answer for this. However, if the person was found and is charged with the crime you may have access via the crime victims... Read more »

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