Collections Questions & Answers

Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Answered on Mar 18, 2019
D. Nathan Davis' answer
The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment....

Q: Can a merchant set a minimal payment requirement on a debit card?

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Answered on Mar 11, 2019
Adam Savett's answer
It's probbaly not illegal for the store to try and set a minimum for debit card purchases, but it most likely violates the rules they agree to with Visa or MasterCard. But, swiping the card for more than the purchase amount and then telling the customer after the fact might very well be considered a deceptive practice, and that might violate Florida's consumer protection law.

MasterCard says:

"MasterCard does not permit merchants to set a minimum transaction amount to accept...

Q: What happens if I don't pay some medical bills I can't afford? Can I just ignore them?

1 Answer | Asked in Collections for Michigan on
Answered on Mar 11, 2019
Trent Harris' answer
Medical bills are unsecured debt. If they are not paid, you can be sued and a judgment can be entered against you. A judgment creditor has a number of remedies, including garnishing wages, tax refunds and bank accounts, seizing property, putting liens on real property you own, and requiring you to come to court for creditors examinations under oath. It sounds like the advice you were given was not good advice. If the bill is yours, you will need to find a way to deal with it. I would not ignore...

Q: $2,045.34 in rent paid by my debit card. Only had $1,820.28 available-Leaving a deficit of $225.06. Is this criminal?

1 Answer | Asked in Criminal Law, Banking, Collections and Landlord - Tenant for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.

Q: How do I sue for unpaid wages

1 Answer | Asked in Contracts and Collections for North Carolina on
Answered on Mar 8, 2019
Paige Kurtz's answer
At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.

Q: My exhusband contacted our town government office and had my water/sewage bill switched to his name without me knowing.

1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on
Answered on Mar 8, 2019
Trent Harris' answer
What your ex-husband did doesn't sound right. A person who isn't on a lease for property, or an owner, generally shouldn't be able to change the name on the account. Have you talked to the town about getting it fixed?

Despite the bill being in his name, you may still owe the money if you don't want your water turned off. I would speak to the town office to get the bill fixed, and you may very well have to pay the past-due balance because it was for services you used. If you had to pay...

Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Answered on Mar 3, 2019
D. Nathan Davis' answer
A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.

The sheriff will ask you to pay the judgment, however, you can tell the sheriff that you cannot pay the debt. You have exemptions under South Carolina law that probably protect all of your assets against a collection. Wages cannot be garnished...

Q: I received a letter from an attorney stating I am being sued by a debt collector, but I have not yet been served.

1 Answer | Asked in Civil Litigation and Collections for Michigan on
Answered on Mar 1, 2019
Trent Harris' answer
If the suit was filed properly in state court, it should be filed in the county in which you live. Call the district court and the circuit court for your county, and ask if a lawsuit has been filed against your name. Or, if the county where you live has an online site where you can search court records, you could find out that way. If the suit has been filed in federal court, then it would be for the Eastern or Western District of Michigan federal court, depending on the county you live in....

Q: I have been served papers to appear in court for an outstanding medical bill.

1 Answer | Asked in Bankruptcy and Collections for Georgia on
Answered on Feb 27, 2019
Kevin M Rogers' answer
If you have been "served" a Summons to Appear, you must appear. The only thing you could do at this point is notify the Clerk of the Court and notify them that you have filed bankruptcy and see if this obviates the need to appear. Otherwise, you must appar or risk being held in court.

Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Answered on Feb 25, 2019
Vernon Charles Tucker's answer
If you received a Request for Entry of Default you are in a tough position.

This means service has been effectuated upon you and your responsive pleading was already due by now.

The defendant has now requested a default to be entered against you and this will happen unless you file a responsive pleading BEFORE the default is entered. I don't want to give you false hope so unless the default is rejected you have lost the opportunity to respond. You are now in a default position...

Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Answered on Feb 22, 2019
Trent Harris' answer
No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

Q: Need him to collect the IRS refund for Deceased husband.

1 Answer | Asked in Collections and Tax Law for Pennsylvania on
Answered on Feb 20, 2019
Linda Simmons Campbell's answer
I suggest that she call the Taxpayer Advocate in her area. She can look up the number at the following link

https://www.irs.gov/advocate/local-taxpayer-advocate

They will help her submit the correct paperwork. If that does not work she can try a low income taxpayer clinic in her area but the taxpayer advocate will probably be quicker.

Q: I was served a process of garnishment today for a judgement that is dated 11/12/2008.

1 Answer | Asked in Collections for Alabama on
Answered on Feb 20, 2019
Kevin M Ryan's answer
Alabama judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless

Q: Is there a statute of limitations in Oregon for an attorney to collect unpaid attorney fees from a previous client?

1 Answer | Asked in Consumer Law and Collections for Oregon on
Answered on Feb 18, 2019
Gregory L Abbott's answer
Assuming there is no Judgment against you that is trying to be collected upon, you may well have a 6 year statute of limitations, running from your last partial payment or last legitimate charge on your bill. IF it truly is past the statute of limitations, and you are being harassed by a collection agency, you may have claims for unlawful debt collection practices. The only real way to know much is to simply gather everything and review it all with a local collections or consumer law attorney.

Q: Was suing a coll agency for FDCPA under Sec 806, 807(b) and 809 (b). They've filed a not of removal to fed. look st law

2 Answers | Asked in Consumer Law and Collections for Michigan on
Answered on Feb 17, 2019
David Soble's answer
You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically

MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.

Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on
Answered on Feb 17, 2019
Vernon Charles Tucker's answer
Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?

Q: When our son has no job and has been served a summons for debt collection, what does he have to do?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
First, he must first be officially served with the lawsuit. If this "service of process" is not satisfactorily obtained, then NOTHING happens: the court cannot enter a judgment against him without proper notice of the lawsuit. Some folks successfully dodge adverse judgments by ducking service of the lawsuit from the beginning.

Best of luck to him.

Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?

1 Answer | Asked in Civil Litigation and Collections for California on
Answered on Feb 15, 2019
Vernon Charles Tucker's answer
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.

I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...

Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months

1 Answer | Asked in Business Law, Civil Litigation, Collections and Contracts for Florida on
Answered on Feb 13, 2019
Griffin Klema's answer
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!

Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Tennessee on
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...

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