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Collections Questions & Answers
1 Answer | Asked in Collections and Landlord - Tenant for California on
Q: debt collection on apartment rent. Am i responsible for my adult daughter's unpaid rent after i moved out of the apt?

i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you....
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1 Answer | Asked in Collections for New York on
Q: I keep getting phone calls from what appears to be a deb collection service. What would be the best course of action?

It started about 3 weeks ago. They call once a day every day except weekends and holidays. I've been noting the phone numbers since it's almost always a different number, but most begin with 800. I looked up the numbers online and it indicates the same company. Further research gives... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

You should not answer these calls. Instead you should note the times and dates of the prior calls, and the numbers (this can usually be downloaded on your phone bill) and have an attorney prepare a cease and desist letter. If collection attempts continue after that, you may have a claim for money... View More

2 Answers | Asked in Collections for New York on
Q: Am I financially responsible for a late charge on a medical bill if the doctor keeps sending it to the wrong address?

I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should... View More

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2 Answers | Asked in Collections for New York on
Q: Am I financially responsible for a late charge on a medical bill if the doctor keeps sending it to the wrong address?

I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2024

A collection attorney could advise best, but you posted last week. It could depend on what "somehow got misspelled" means. If it means you gave clear written instructions with your address properly spelled, then you're in the right. If you and the office are blaming one another for... View More

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1 Answer | Asked in Collections for Florida on
Q: I'm getting letters from lawyers to represent me from midland credit management but haven't cc received no court day is

Is this legitimate or a scare tactic to try get me to pay

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2024

Apparently, the letters are from attorneys seeking to represent you, and such letters are not from Midland. If that's the case, no it wouldn't be a "scare tactic". Until you have been served with a summons, by the way, the case cannot proceed. You can check with the clerk of... View More

1 Answer | Asked in Banking and Collections for Texas on
Q: If your vehicle was repoed do they have the right to seize your bank account? I live in Garrison Texas I have an account

An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.

Banks and financial institutions often ask their own customers to agree that, if the customer...
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1 Answer | Asked in Collections for Texas on
Q: What happens if I disregard a Post-Judgement Interrogatory on a 6 year old judgement?

A judgement was obtained by Discover Card on ~ $6100 in credit card debt on Sep. 12th 2018 but I was not even aware of this until now when I received this document that states I have 30 days to reply. I own my own home that is in poor condition, and a 1999 Chevy Truck that is not currently running.... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

If you disregard a post-judgment interrogatory, most likely the judgment creditor will file a motion to compel. A judge will most likely order you to answer the interrogatory and award the judgment creditor additional attorney fees.

If you disobey the judge's order, the judgment...
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1 Answer | Asked in Contracts, Collections and Civil Litigation for California on
Q: Can attorney for the defendant in a very similar (unlimited civil) case be the agent to receive summon of a new case?

Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.

James L. Arrasmith
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answered on Jun 26, 2024

Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.

In California, proper service of process typically requires:

1. Personal service on the defendant

2....
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1 Answer | Asked in Collections for California on
Q: Can debt be sent to collections without the person who owes it being formally notified of amounts and dates?
James L. Arrasmith
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answered on Jun 25, 2024

In California, debt cannot be sent to collections without first notifying you of the amounts and dates. Creditors are required by law to provide you with a written notice that includes details about your debt before involving a collection agency. This ensures you are fully informed about the debt... View More

2 Answers | Asked in Collections and Family Law for California on
Q: If Judgment includes attorney fees, can legal fees to pursue collection be included in Memorandum of Costs?

CA Family Law Court Order against X included paying attorney fees. Order was turned into a Judgment, now domesticated in another state. Can legal costs pursuing collection be included when the Form MC-012 is filed?

In other words, does statute below cover Family Law Court Orders that... View More

James L. Arrasmith
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answered on Jun 24, 2024

To answer this question, let's break it down step by step:

1. The original Family Law Court Order included attorney fees against X.

2. This order was turned into a Judgment.

3. The Judgment has been domesticated in another state.

4. The question is whether legal...
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1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes...
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2 Answers | Asked in Civil Rights, Collections and Identity Theft for California on
Q: So my case has been settled how do I collect my money if my attorney don't want to pay me still??
James L. Arrasmith
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answered on Jun 22, 2024

To address this situation, here are some steps you can consider:

1. Communicate with your attorney: First, try to have a clear discussion with your attorney about the settlement and payment. Ask for a detailed explanation of why the payment is being withheld.

2. Review your fee...
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1 Answer | Asked in Insurance Bad Faith and Collections for Texas on
Q: There was a garage fire that melted my HELLCAT back in Sept of 2023. He had dropped the coverage to liability 4 days bef

Before the fire. There was still several days left in the month where the premium was paid already. They refused to pay for my car to be repaired and everything . But they have sent the insurance premium to the collection agency and have stated that the policy wasn't cancelled till January.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Your question presents things that need to be sorted out for an attorney to advise meaningfully. Who is "he," the person who dropped your coverage? Why weren't you the one in dialogue with the carrier... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama on
Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are...
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1 Answer | Asked in Civil Rights, Collections and Public Benefits for California on
Q: Ok what if my lawyer says that he didn't represent me that I'm impersonating to stop calling them??
James L. Arrasmith
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answered on Jun 17, 2024

If your lawyer is claiming that they didn't represent you and accuses you of impersonation, you need to take immediate action to clarify the situation. Start by gathering any documentation or evidence you have that shows the lawyer-client relationship, such as emails, signed agreements, or... View More

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: what should I do to get the full amount he owed to me, including the accrued interest?

Since October 2021, an individual has been indebted to me for $30,000, with a 10% monthly interest fee agreed upon by both parties. He failed to make any further payments after the first 2 months. Despite my numerous attempts to remind him of this obligation, he has not taken the necessary steps to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 14, 2024

With some statutory exceptions (e.g., Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). In simple terms, the law gives people who buy goods or services for personal, family, or household purposes a way to privately sue businesses for illegal behavior and even for... View More

1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Insurance Bad Faith and Collections for Michigan on
Q: Can I sue my insurance companies for neglecting to pay and emotional distress?

Due to my medical insurance companies having differing policies on which insurance provider became my primary insurance, I had a series of medical bills go into collections and become a lawsuit due to non-payment. After the court ruled against me, Garnishment was taken from me. Later on, they then... View More

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A Michigan attorney could advise best, but your question remains open for a week. That sounds like it would be a tough case. You could be confronted with the question of what mitigating steps you took to negotiate or defend the matter before it ultimately made its way to garnishment. You could... View More

2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
James L. Arrasmith
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answered on Jun 14, 2024

First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.

Consider transferring assets to family...
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