Lawyers, Answer Questions  & Get Points Log In
Collections Questions & Answers
1 Answer | Asked in Tax Law and Collections for Texas on
Q: We made 12 calls to the IRS for pymt arrangement and made payments towards tax bills but they still filed a tax lien.

Every time we called for a payment arrangement they said wait 30 days and call us back because they had not processed our returns. In the mean time we paid $350/month towards $29,000 from 2017 audit and 2018 and 2019 taxes. We got a payment arrangement and after that they filed a tax lien. Is... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 1, 2021

The IRS can file a tax lien if your debt is over a certain amount and/or if you are not having the payments direct debited from your account.

1 Answer | Asked in Consumer Law, Contracts and Collections for Florida on
Q: What is the best way to negotiate unsecured debt lawsuit with the original Bank? I cant afford a lawyer

I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2021

Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »

1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Collections for Michigan on
Q: I got a writ of garnishment in the mail and I can not contact the creditor. They but dialed me but ignore my voicemails.

I don't know what it is for and they are about to take money from me for I don't know what. It is from VA and I haven't lived there for six years. It looks like it is about an apartment complex in Hopewell VA but I never had an apartment in Hopewell. What am I supposed to do since I... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

On the paperwork received, there should be a case number and court identified. Contact that court to find out what's going on. If they are garnishing, that means they already have a judgment against you (a court order that you owe them money) - it's likely a default judgment (entered... Read more »

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: Are there any free resources to help file Bankruptcy? I lost a Business due to Covid and I'm unable to pay for filing
Timothy Denison
Timothy Denison answered on Jul 22, 2021

You can petition the court to pay in installments or to waive the filing fee entirely.

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: How to clear up FIFA judgements against a rental property?

I hold title to a single-family rental property. The property has 4 relatively old FIFA judgements against it totaling up to about $12,000 (not including interest accrued since dates of judgements). The judgements were related to credit cards debt of another person (not my spouse) who owned the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

I understand your reluctance to proceed on your own. Accordingly, speak with local counsel who can help you decide on the right course of action for your situation.

1 Answer | Asked in Collections for New Jersey on
Q: who's responsible for towing bill plumber truck got stuck in my driveway was told about the driveway drove off it anyway
Leonard R. Boyer
Leonard R. Boyer answered on Jul 18, 2021

You are certainly not responsible and should not pay it.

1 Answer | Asked in Real Estate Law and Collections for New York on
Q: I have a judgment entered in September 2012 in the amount of $2745 .00 in Niagara County , NY.

Judgement was secured against real property which was sold . Can I seek action against the new owner?

Michael David Siegel
Michael David Siegel answered on Jul 15, 2021

Yes. If what you say is true.

1 Answer | Asked in Collections and Health Care Law for Oklahoma on
Q: In the state of Oklahoma is a wife responsible for her husbands medical bills after death?

There is no property owned nor any other asset to go to probate. He leaves me a single parent of our 4 children, all under the age of 13. He was the only one working. I have been a homemaker for the length of our 14 yr marriage. He did have a life insurance policy for $25000. But no other financial... Read more »

Anna L Self
Anna L Self answered on Jul 13, 2021

Yes, you can be held responsible for the medical debt of your spouse. You can see if you can negotiate a lower amount with the creditors or you can see if bankruptcy would be an option for you to discharge the medical debt. Good luck!

1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Oklahoma on
Q: In the state of Oklahoma can a creditor or a repo man pay somebody to tell them where a car is that's up for repo?
Anna L Self
Anna L Self answered on Jul 13, 2021

I am not aware of any law that would prohibit this so I believe they could.

1 Answer | Asked in Civil Rights and Collections for Oklahoma on
Q: Can I be placed in jail over a medical debt from a collection agency who has an attorney now representing them?

I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back... Read more »

Anna L Self
Anna L Self answered on Jul 13, 2021

You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders

you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on...
Read more »

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Can I bring suit against a former business partner for outstanding & defaulted credit card debt tied to me?

I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 12, 2021

What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... Read more »

1 Answer | Asked in Collections for Louisiana on
Q: I'm getting sued for my Father's debt, that was established when I was a minor. I have a summons to court. Help?

I have responded to the summons, say I can't afford his debt. Now I have to go court to see what decision will be made by his hospital bill

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 7, 2021

More information is needed to answer this question, such as why do you or anyone else believe you are responsible for your father's debt? You should consider hiring a lawyer to defend you----the entity suing is represented and very much willing to take advantage of a non-represented person.

1 Answer | Asked in Business Law and Collections for Ohio on
Q: My friend got a debt collection letter to appear in court.

Can a debt collection agency sue if they don't have my friend SSN and the report doesn't appear on her credit report. i told her to ignore it I think its a scheme tactic but she is worried?

Joel Allen Holt
Joel Allen Holt answered on Jul 7, 2021

The question is a bit vague, but generally speaking, the debt collector (or the party owed the debt) can file a lawsuit if they have proof that the debt is valid, outstanding, and binding on your friend. They don't need a SSN to file the suit and the debt does not have to appear on the credit... Read more »

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A business is charging me for services I never asked for or scheduled with them. What can I do?

A well chlorination company cleaned the well of a house I'm in the process of buying and when I told them a week later that it didn't pass the county's water test they went back out to the house to re-chlorinate without my consent or scheduling anything with me and are charging me... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jun 30, 2021

A few things here. First, was the original service (which I assume you requested) warranted to pass the inspection, or should they have known that was what you needed, if you answer yes to either then the company breached its warranty to you in the initial service. The second service should not... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Collections for Illinois on
Q: If I won monetary judgement and know that the other party will not pay, what is the next step?

I won my case for selling a car with a vehicle sales agreement. The other party did not show. I see lots of things on the docket that I am not sure about. Due Date , satisfied, 851- Judgement, what do these headings mean?

Bryan R. Bagdady
Bryan R. Bagdady answered on Jun 30, 2021

You should reference 735 ILCS 5/2-1401 for post judgment proceedings. Make sure that your order is final and appealable, meaning that it resolves all claims brought against all parties in the action. Assuming that to be the case, you will likely want to file a citation to discover assets, a... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 24, 2021

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

1 Answer | Asked in Collections for Texas on
Q: What can a debt collection agency due? How can I get out of it?

So summer 2020 I signed a lease for a college apt. I decided it was a better financial decision for me not to move in and the apartment company refused to cancel the lease since it was a legal document. However I told them weeks before move in me, nor my co applicant (my mom) could afford it. I... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

The landlord has an obligation to try to find a new tenant, and you're not liable after they do. (It's not clear to me what the $4425 represents.) If you owe the money and can't pay, they can sue you and your mother, and get a judgment against you both for the amount due, plus... Read more »

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Is it to late to file exemption once the garnishment stops

Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes.

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.