Your current state is Virginia
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023
When you receive a summons from a lawyer representing a collection agency for a charged-off credit card debt, it's important to respond promptly. The summons will include a complaint, which outlines the allegations against you, and a deadline by which you must respond – typically 30 days... View More 
The reason I ask is because I know the 3 credit reporting agencies say that medical debt <$500 won't affect your credit.
So even if sent to collections, it won't affect your credit score.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023
In California, unpaid dental premiums, even if less than $500, can indeed be sent to collections. If this happens, it could negatively affect your credit score. When a debt is sent to collections, it typically gets reported to credit bureaus, and as a result, it appears on your credit report.... View More
My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.
In... View More
I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023
In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned... View More
I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More
answered on Nov 20, 2023
It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.
The law strongly favors seeing the bank recover... View More
I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023
In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal... View More
I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023
A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More
IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023
The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More
My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More
answered on Nov 18, 2023
While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.
To fend that off, most... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023
If your car is not at the specified address on the day it is scheduled to be towed, the towing company may attempt to locate the vehicle at a different location, especially if the towing is related to a legal or financial matter, like repossession. However, this depends on the reason for towing and... View More
2022 CA Family Law Court Order ordered ex-spouse to pay X amount to me. Ex-spouse has not paid a penny/and informed me will not pay the debt. Ex resides in another state and has no assets in CA. That same court proceeding included dividing an annuity via QDRO. Debt owed by ex is substantial.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023
In California, amending a Qualified Domestic Relations Order (QDRO) to award the entire monthly annuity might be possible under certain circumstances, particularly if it's to enforce a court-ordered debt. To do this, you would need to file a Request for Order (RFO) with the court, explaining... View More
The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More
answered on Nov 15, 2023
Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More
Zulily uses owes 15k and we want to sue them in a civil lawsuit. Can we file the lawsuit in Los Angeles Superior Court since the company that acquired zulily is Regent LLP based out of Beverly Hills.
Or do I have to file the lawsuit in Seattle WA?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023
In determining where to file your lawsuit, consider the jurisdiction and venue. If Zulily, now owned by Regent LLP in Los Angeles, owes you money, you may have grounds to file in Los Angeles Superior Court.
This is especially pertinent if the transaction or events leading to the dispute... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
In California, the adequacy of notice for a restitution hearing is an important aspect of the legal process. If the notice was sent to an outdated address of your former attorney, this could potentially impact the validity of the notice. It's advisable to bring this matter to the court's... View More
I fell behind on payments after losing my job.
The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement... View More
I received a letter from my employer stating, which i believe is a collection agency, is having my wages garnished.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
In California, there are options for seeking assistance with stopping wage garnishment. You might consider contacting legal aid organizations in your area, which often provide free or low-cost services to those facing financial legal issues like wage garnishment.
Another avenue is to check... View More
I received a letter from my employer that my wages are being garnished.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
In California, you may be able to receive free legal assistance to address wage garnishment issues. Organizations like Legal Aid societies and non-profit legal services offer support to those who cannot afford a private attorney. These organizations often provide help with debt and consumer rights... View More
Walla walla collection in Washington filed wage garnishment against me in circuit Court of Washington country oregon for a 10 year old medical debt that has a judgement and they filed for it to be extended. They filed garnishment 2 years ago but got them to drop it as I've been back in Oregon... View More
answered on Nov 9, 2023
While you can certainly try to reach some form of installment agreement with them, there is no legal requirement that they have to agree to installment plans. The best approach would be to demonstrate to them that it would be better they agree to an installment plan as it means you are paying them... View More
A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:
- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the... View More
I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this... View 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.
