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Collections Questions & Answers

1 Answer | Asked in Criminal Law and Collections for Mississippi on

Q: Is pleading guilty a conviction in the state of Mississippi?

I was arrested for resisting the service of process. I plead guilty and paid a 500 dollars fine plus court cost.

Arthur Calderon answered on Sep 14, 2019

Pleading guilty is the same as taking it to trial and being found guilty. That being said, the conviction itself is what you were sentenced to (jail time, fines, etc.).

1 Answer | Asked in Consumer Law and Collections for Oklahoma on

Q: I completed a total remodel of a rent house now owner refuses to pay me, how can I collect my money

Doak Willis answered on Sep 12, 2019

If you were the contractor, you can file a mechanics and materialmans lien on the property as long as it is not too long after you last worked on the property or supplied materials. Then if they don't pay, you can foreclose the lien.

4 Answers | Asked in Collections for Michigan on

Q: I have a judgement against me by consent allegedly entered by my defense attorney, I don't have an attorney

I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... Read more »

Mark Bredow answered on Sep 9, 2019

Yes. If you did not agree it can be set aside. You'll need to file a motion with the court that granted the judgment and mail a copy to the creditor's attorney and the "defense attorney"

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1 Answer | Asked in Collections for Tennessee on

Q: can A pension of disabled person be garnished or attached by Collection company

Anthony M. Avery answered on Sep 9, 2019

Very often a judgment creditor can garnish a retirement plan, to the extent it is not exempt. Hire a competent attorney to file a Notice of Exempt Property at the Court which rendered the Judgment. You must do this quickly.

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for West Virginia on

Q: What happens if I don’t pay the emergency service fee

Gary Kollin answered on Sep 6, 2019

You can have it reported to collections and you can be sued

3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on

Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

Charles M. Baron answered on Sep 5, 2019

You DO need to file an exemption, despite a wrong SSN being listed. You are not required to have an attorney, but it's best that you have one, and you may be able to get a pro bono attorney by contacting your local agency that provides free legal services for the poor. You appear to be in Ocala,... Read more »

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1 Answer | Asked in Collections for Tennessee on

Q: Did I just restart my statue of limitations, by agreeing to a settlement verbally? Can they take me to court now?

I just spoke with a debt collector on the phone about a 10 or so year old debt. I was at work so when she offered to take a settlement of about about $240 on a $400 dollar debt I said sure, "i'll call tomorrow and take care of it at the settlement amount", but I really just wanted to politely get... Read more »

Anthony M. Avery answered on Sep 4, 2019

They may argue that at Court. But if you knew there was a 10yr SOL, why did you even talk to them? I would not worry about getting sued now anymore than before, as it is not a resumption of payments on the note or contract. A Suit will probably involve attorney fees and costs though.

1 Answer | Asked in Consumer Law, Bankruptcy, Contracts and Collections on

Q: Client holding payment? demanding 10 to 15 % amount as credit note for the supplied materials?

we went with a annual rate contract which is valid till 31.03.2020... its been going good with the client for the past 8 months... now since the automotive industry is going down, my client sales went down... my client has to payment a approximate amount of Rs 6 lakhs, our credit term with the... Read more »

Timothy Denison answered on Sep 4, 2019

You will have to sue them for breach of contract.

1 Answer | Asked in Collections for Illinois on

Q: What kind a lawyer do I look for in collecting unpaid rent? Collection?

Tim Akpinar answered on Sep 2, 2019

You're correct; they should be able to handle it. If there are unresolved and disputed issues as to the merits of the collection claim, a landlord-tenant attorney would have more insight than other types of attorneys who handle solely general collection matters. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law and Collections for Illinois on

Q: Hi, I'm a 23 year old male who entered the US with a J-1 Visa and is overstaying. My girlfriend is a US Citizen.

We live in Illinois, and my question is how do we begin the process of obtaining a work permit and a green card.

Also I have an account in collection will that affect anything?

Thank you so much in advance!

Stephen Arnold Black answered on Aug 30, 2019

A J1 visa holder can get married to a US citizen, but there are special rules attached to the J visa, as to whether you can adjust status to get your green card, after marrying your girlfriend. It is best to discuss your options with counsel in a phone consultation.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on

Q: Help!

My electric bill has been unusually high, so I called them. They informed me I had a 3rd party supplier on my bill I was unaware of. I called said 3rd party and they informed me that I had added them to my account last summer. Going through the details it came across that my sister had given them... Read more »

Adam Savett answered on Aug 30, 2019

I would suggest you file a complaint with the Pennsylvania Public Utility Commission.

Here is a link to resources on the process and directions on how to file a complaint:

http://www.puc.state.pa.us/filing_resources/filing_complaints.aspx

Note that the PUC specifically...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on

Q: How do I pay my deceased mom's debts?

My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.

Brandon M Haubert answered on Aug 28, 2019

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and...
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1 Answer | Asked in Child Support and Collections for Georgia on

Q: Can child support be collected from 2 sources of income in Georgia?

My ex husband is in the national guard reserves. He quit one job and started a new one. He did not report it. Somehow Ga started taking child support out of his monthly drill check but it's not even half of what he is supposed to pay. I reported his new job on my case once I found out where he... Read more »

Regina Irene Edwards answered on Aug 27, 2019

Yes, the other job can be garnished. It probably will go faster if you hired a private attorney to handle the Income Withholding Order.

1 Answer | Asked in Consumer Law, Criminal Law, Collections and Gov & Administrative Law for Oklahoma on

Q: I purchased a car from private seller she gave me bill of sale i have not had momey to transfer ownership

I got pulled over in weaverville nc and they towed the car i went to try and get my clothing out of car and thats when i found out the owner had passed away can i aleast get my clothes out of the vehicle

Keegan Kelley Harroz answered on Aug 26, 2019

In Oklahoma, the car title must be in your name before any property can be released to you.

1 Answer | Asked in Workers' Compensation and Collections for California on

Q: Awarded a year of back pay from my job 2018 with everything included ( OT, holidays , sick leave)Now no answers.

I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .

Neil Pedersen answered on Aug 23, 2019

Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... Read more »

1 Answer | Asked in Collections and Traffic Tickets for Maryland on

Q: I am being approached by a collection agency that appears to buy old moving violation tickets in DC and Maryland

I noticed the calls are coming a little more frequent and the last call I got the rep started being more aggressive in her eluding to taking further steps of action if I don't pay these so-called outstanding tickets? The approach I took with them is I am not paying tickets dating back 6 years plus.... Read more »

Mark Oakley answered on Aug 23, 2019

Generally speaking, fines and penalties do not have statutes of limitations. In the case of moving violations, nonpayment results in suspension of your driving privileges in the jurisdiction where the unpaid ticket was issued, and then upon notification to the state that issued your license (if... Read more »

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on

Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price answered on Aug 22, 2019

In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.

1 Answer | Asked in Legal Malpractice, Criminal Law, Appeals / Appellate Law and Collections for Tennessee on

Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke

And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it I couldnt... Read more »

Cayley Turrin answered on Aug 19, 2019

Im not too sure what the question is.

2 Answers | Asked in Tax Law and Collections for California on

Q: I cancelled an inactive LLC but still have back-tax/penalty notices coming in. What can happen/what is my best recourse?

The notices were going to a location where I do not live (went to my ex-partner's parents house), and I just got my hands on the notices that say we owe thousands. This LLC was only active for a few years, as a production-company shooting a series, and unfortunately, the entity wasn't cancelled in... Read more »

David S. Greenberg answered on Aug 14, 2019

It is quite possible that you will be insulated from personal liability for the tax obligations of the LLC.

If you would like to discuss this in detail, please call my office to schedule a free initial consultation.

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on

Q: My boyfriend got a letter in the mail from ford that they have a motion to release fund, what does this mean?

He has been being garnished for about 5 months now and we just got a letter in the mail saying the court has granted the plaintiffs (ford) the motion to release funds.

Bruce Alexander Minnick answered on Aug 13, 2019

It means that Ford asked the court to release the money collected from your boyfriend's garnishment and that the request has been granted. Say goodbye to the money.

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