Ask a Question

Get free answers to your Collections legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Collections Questions & Answers
2 Answers | Asked in Bankruptcy, Collections and Consumer Law for Texas on
Q: Can university collect debt if not listed in bankruptcy?

In Texas, a student I know filed for Chapter 7 bankruptcy in May, and the case was closed as a discharged non-asset in September. During this period, the student withdrew early from classes, resulting in a portion of the Title IV funds being returned, leading to a debt of $4,321 owed to the... View More

Broocks "Mack" Wilson
PREMIUM
Broocks "Mack" Wilson
answered on Apr 11, 2025

Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.

The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility...
View More

View More Answers

2 Answers | Asked in Probate and Collections for Kansas on
Q: Am I responsible for deceased parents' credit card bills with no assets or estate?

My parents both passed away and they had credit card debt, but there are no assets, estate, or will. I am not a joint account holder on any of their credit card accounts, and I have not received any requests from creditors yet. They lived in Kansas at the time of their passing. Do I have any... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

You have no obligation to pay your parents’ credit card bills. Resist their attempts to convince you otherwise. If credit card companies want to be paid they must open a probate case then present their claims and then get paid out of estate assets. But first they will research whether there are... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Collections and Real Estate Law for Pennsylvania on
Q: Am I responsible for entire judgment if co-tenant is missing?

I rented a house in Pittsburgh, PA, with a friend and we were both taken to court by our landlord, who won a judgment for $5,600 against us for damages. Although we are both named on the court papers, the landlord's lawyer claims I am responsible for the entire amount, possibly because my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 9, 2025

You and your co-judgment debtor are each responsible for 100% of the judgment amount. if the other guy can't be found, refuses to pay, etc., its all on you. Landlord's attorney is 100% correct.

View More Answers

2 Answers | Asked in Collections for Missouri on
Q: Am I liable for a loan written off in 2020 now being sued by collection in 2025?

In 2018, my wife and I took out an unsecured loan. We lost our home in 2019, and unfortunately, my wife passed away in 2021. The loan company wrote off the debt in 2020 when I defaulted due to loss of income. Recently, in 2025, a collection company is suing me for this debt. Am I liable? I have... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 7, 2025

If Missouri law governs and the last payment was within 10 years, then the lawsuit is likely within the statute of limitations depending on which cause of action has been pleaded. The charge-off doesn't save you.

Mo. Rev. Stat. 516.110. What action shall be commenced within ten...
View More

View More Answers

2 Answers | Asked in Collections and Real Estate Law for Georgia on
Q: How to collect a default judgment in GA against a real estate broker?

I received a default judgment on March 28, 2025, for $6,500 against a real estate broker who sold my house to me. I haven't taken steps to collect the money yet. The broker is still operating in Georgia. What actions can I take to start collecting the judgment?

Kent Bailey
Kent Bailey
answered on Apr 2, 2025

A default Judgment operates the same as any other order entered by the court. There are a number of methods available depending on the order itself. To secure the judgment it would be prudent to secure a Fi.Fa. in the county ordered. From there you can negotiate directly with the Defendant, file... View More

View More Answers

2 Answers | Asked in Collections and Civil Litigation for Missouri on
Q: Can a credit card company place a lien on my car for debt if they sue me?

I recently purchased a car outright for about $8,000, and I have an outstanding credit card debt of approximately $2,000 that is a year or two old. I've received advertising letters from lawyers and someone attempted to serve me papers, suggesting that the credit card company filed a lawsuit... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 1, 2025

If you are sued in the associate division and a judgment is entered against you, the plaintiff may "transcribe" the judgment to make it a real estate lien. It's not a vehicle lien but the plaintiff my seek an execution to have the sheriff seize and sell the vehicle. Hire a local... View More

View More Answers

2 Answers | Asked in Collections and Contracts for Ohio on
Q: Ohio judgment lien statute of limitations for credit card debt?

In Ohio, does the statute of limitations for a judgment lien begin on the judgment date (4/4/2019) or on the filing date (10/22/2020), considering it was filed in two different courts in the same county? The judgment is related to credit card debt incurred by my ex-wife without my knowledge,... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 1, 2025

The original judgment becomes dormant after five (5) years, or five (5) years from the certificate of judgment or other attempt to collect. R.C. 2329.07. The judgment itself does not create a lien until a certificate of judgment is filed. If a judgment lien exists, then the limitations period is... View More

View More Answers

2 Answers | Asked in Collections, Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Utah on
Q: Is it legal for a repossession company to tow with someone inside the vehicle in Utah?

In Ogden, Utah, a repossession company towed my vehicle for a couple of feet while I was still inside it, and police officers were present but did not intervene. They mentioned that they couldn't do anything after the fact and attempted to get me out of the car, but I refused. Is it legal for... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2025

A couple of feet? The reason that people cannot ride in a towed vehicle, trailer, etc., is because of the possible catastrophic consequences of an accident involving the towed item. You were in no danger whatsoever, and indeed it was your fault for interfering with the repossession agent in the... View More

View More Answers

2 Answers | Asked in Collections, Landlord - Tenant and Real Estate Law for Georgia on
Q: Do I have to pay a debt when landlord refused payment and collection agency is involved?

I have a collection from a previous landlord claiming I owe $6,653. The landlord initially stated I did not have a lease and refused payment. I have documentation supporting my claim. Now, a collection agency is trying to collect the debt. Do I have to pay this?

Dominique Young
Dominique Young
answered on Mar 26, 2025

The landlord may have refused payment due to sending the claim to the collection agency prior to you attempt to make the payment. Reach out to an attorney to assist you in your debtor defense matter. If your statements are corroborated by facts, you need to formally dispute the debt with the... View More

View More Answers

2 Answers | Asked in Collections, Civil Litigation and Consumer Law for Oklahoma on
Q: Why is my paycheck being garnished for a repossessed truck after 7 years?

In 2018, I co-signed for a truck, which was repossessed later that year or early 2019. I was unaware of the repossession, having lost contact with the primary borrower. Seven years later, my paycheck started getting garnished without any prior notice. My credit report shows the account twice: once... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2025

Don't rely on your credit report, but apparently your lender either obtained a judgment against you and then sold the account to Consumer Portfolio; or sold the account to Consumer and it obtained a judgment; but either way it appears Consumer has sold it to Jefferson Capital.

I...
View More

View More Answers

2 Answers | Asked in Civil Litigation and Collections for Alaska on
Q: Can I file a motion to dismiss a garnishment based on exceeded statute of limitations in Alaska?

In Alaska, I understand the statute of limitations on open-ended accounts is three years. I have a credit card judgment that garnished my Permanent Fund after the statute had run last year. Recently, the court also attached my bank accounts, leading to an overdraft. The judgment was initially... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 20, 2025

The 3 year statute of limitation (assuming that you are correct about the time) is the statute upon which to bring suit. The statute of limitation to execute upon a money judgment is much longer in every state, generally 10 to 20 years. Sounds to me like the garnishment action was brought within... View More

View More Answers

2 Answers | Asked in Collections and Contracts for Louisiana on
Q: How can I recover a $5,000 loan from a borrower who hasn't repaid?

I loaned someone $5,000, which is less than what they actually owe me. I have text messages from the borrower confirming they will repay me. They've indicated they will pay me back this week. However, I had to send $150 for the transfer, and I still haven’t received the repayment. Could you... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 18, 2025

Short version is that in general, if you believe someone owes you money and the borrower does not voluntary re-pay, then you will have to sue him in civil court. Now, the specifics and terms of the transaction will determine the strenght of your case---I highly recommend that you contact a... View More

View More Answers

2 Answers | Asked in Collections, Contracts and Civil Litigation for Arizona on
Q: Ex-husband owes me $48,051, promised repayment but is out of country till mid 2025. Legal options?

I lent my ex-husband a total of $48,051, depositing $15,000 on November 4, 2024, and $33,051 on November 14, 2024, directly into his checking account. He promised via text to repay me before leaving the country in January 2025. Since he left, I have made numerous attempts to contact him through... View More

Peter H. Westby
Peter H. Westby
answered on Mar 17, 2025

Before your ex returns you should hire a private investigator to update your knowledge of his assets and income. Next, hire an attorney to file a collection lawsuit and ready it for service upon your ex when he returns. The suit should be filed shortly before his return. This will not guarantee... View More

View More Answers

2 Answers | Asked in Workers' Compensation, Collections and Civil Litigation for California on
Q: How to collect on a WCAB Finding and Award not paid by employer?

I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 15, 2025

Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.

View More Answers

2 Answers | Asked in Collections and Contracts for Pennsylvania on
Q: Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.

I received an email from a pre-litigation company about a credit card debt with HSBC that was supposedly charged off in 2016. The representative mentioned that the debt was purchased by a law firm and could be pursued for breach of contract under a 10-year statute of limitations. I have lived in... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 14, 2025

A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.

You appear to be correct about the length of PA limitations.

Note that the PA statute of limitations runs from the date of default. That period may be extended,...
View More

View More Answers

1 Answer | Asked in Collections and Consumer Law for Florida on
Q: Should I pay charge-offs for a credit card and personal loan in Florida?

I have charge-offs related to a credit card and a personal loan. Creditors have contacted me, but I have not received any settlement offers. I believe these charge-offs are affecting my credit score, and I previously consulted with a financial advisor, but I was not satisfied with their advice.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 11, 2025

Probably not, those are probably uncollectable debts based on how old they are and whether the statute of limitations has expired on them and whether a lawsuit was or will be filed if they are not past the statute of limitations will matter. If you decide to settle them, you need to negotiate how... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Florida on
Q: Can a debt be settled by signing over a cashier's check?

I'm owed $30,000 by a friend, and she wants to sign over a cashier's check for the same amount to me, which she received from selling land. There is no contract between us regarding the debt. Can this be done legally, and are there any potential issues I should be aware of? No one else is... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

1 Answer | Asked in Collections for Texas on
Q: How to find a free attorney for collecting a $180,000 judgment in Texas?

I have a default judgment of $180,000 issued by the Dallas County courthouse. I've tried to find an attorney to start collecting on this judgment. While I've located the defendant, who I believe is selling cars for personal gain on Facebook, I haven't taken any legal actions against... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

You probably can't. While there are attorneys whose practice includes collecting judgments, like other people, those attorneys will expect to be compensated for their time on either an hourly fee or a contingency fee. Legal aid clinics who assist indigent litigants generally do not undertake... View More

1 Answer | Asked in Collections and Civil Litigation for Louisiana on
Q: Can I appear in court anytime within 10 days after service without risking default?

I received a petition today stating that I owe $6,904.62 plus 8.25% interest, 25% attorney fees, and costs. There's no original judgment date mentioned. Can I appear in civil court anytime within ten calendar days after service without risking a default, or should I go as soon as possible? I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2025

The Petition is the vehicle which starts the process to obtaining a judgment against you. The citation attached with the petition should tell you how many days you have to respond (or Answer) the petition before the petitioner may seek a default judgment against you----based on your post, it... View More

2 Answers | Asked in Collections, Public Benefits and Social Security for Florida on
Q: Can Target's debt collector legally request my medical records in Florida?

I am being contacted by a debt collector for a Target debt, which is not related to any medical expenses, and they have requested my medical records. I have not given any consent for this. I am currently in contact with the debt collector to resolve the issue but cannot afford the payment amount of... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

You asked if they are legally allowed to ask you for medical records. They can ask for anything they feel like - the issue is whether you have to comply. A Target collection agent asking for medical records makes ZERO SENSE, which makes me wonder if someone is trying to scam you - for example,... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.