Collections Questions & Answers

Q: brokerage collected 2 months rent, paid landlord now checks bounce, brokerage is out almost $4000

1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Florida on
Answered on Mar 23, 2017

The brokerage may be able to pursue a bad check case through the state attorney's office. Contact the state attorney's office in the county where the checks were written and follow their required procedure.

Brokerage needs to establish a procedure to ensure that checks clear the bank before issuing payments to the landlord.

The pet issue should be covered by the lease.
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Q: I am being called by collectors at all hours (like at 4 in the morning sometimes). I want to file a complaint for an

1 Answer | Asked in Collections for New York on
Answered on Mar 23, 2017

You can't, which is why these cases are hard.
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Q: How can I place a lien against someone who owes money from a small claims judgment?

3 Answers | Asked in Civil Litigation and Collections for New York on
Answered on Mar 21, 2017

It depends on where you got the judgment, which your post does not say.
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Q: What happens when you find the original will after probate judge deems you execute it, but you are sole benefactr in wil

1 Answer | Asked in Probate, Estate Planning, Real Estate Law and Collections for Connecticut on
Answered on Mar 18, 2017

You've scrambled pronouns around so it is hard to determine who you are talking about with 'his' property ... both you and your mother are female, right? If Probate is still open and property not yet distributed, it is simply a matter of having the new will 'admitted' for administration, and then following the instructions in the will. Your attorney should be able to walk you through this process.

It gets more complicated if there has been a distribution contrary to the terms of the...
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Q: I just received a writ of garnishment but am presently unemployed. Do I need to fill out the claim or exemption?

1 Answer | Asked in Collections for Florida on
Answered on Mar 16, 2017

The writ of garnishment was served on your former employer, and that employer presently owes you nothing? If so, the former employer will respond to that effect.

But the judgment creditor may very well try again. You should contact them or their attorney (if they are represented), and let them know your circumstances.
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Q: I'm being sued for insufficient liability auto in insurance for an incident back in 2013. Filed for chapter 7 2015

1 Answer | Asked in Bankruptcy, Personal Injury, Collections and Car Accidents for Florida on
Answered on Mar 16, 2017

I believe we answered this but in case not, 1)notify whatever insurance you had back then--may be an injury case, who knows; make copies of what you were served with. A)call them b)email the claims rep c)fax claims rep YOU MUST HAVE CORRECT CLAIM No. for any correspondence, dcalls d) send them copy of suit papers certified return receipt e)make note of day to respond by. 2) get a copy of any release they got from the other person ; 3)talk to your bankruptcy attorney.
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Q: If me and my former roommate have a collections account open on the money owed to an apartment and i pay my half can i

1 Answer | Asked in Collections for Colorado on
Answered on Mar 13, 2017

Review the documents that created the account. For most roommate situations, all parties listed on the lease agreement are jointly and separately liable for all the required payment(s). In other words, you may be required to pay the full 100% of the deficiency to the landlord. If this occurs, you can seek legal action against your former roommate for their unpaid portion (50%?). That is, it is the responsibility of the roommate(s) to ensure the proper allocation of unpaid rent; the landlord is...
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Q: I'm a prose creditor, is my debt nondischargeable if I have a child support related judgement based upon falsification?

1 Answer | Asked in Bankruptcy, Family Law, Child Support and Collections for Illinois on
Answered on Mar 13, 2017

While more facts are needed and documents must be reviewed, it sounds like you might have the type of debt that is excepted from discharge in which case the appropriate steps must be taken with the court. Bankruptcy laws and family laws are complex, you need to get in to speak to a lawyer asap as there are going to be deadlines on this. Good luck.
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Q: Can a debt be put on my credit report over 10 years later?

1 Answer | Asked in Collections for North Carolina on
Answered on Mar 13, 2017

The statute of limitations in North Carolina for breach of contract is three years. If the water company filed suit, you could raise the defense of statute of limitations and the case would be dismissed. Judgments are valid for ten years, but it doesn't sound like they obtained a judgment against you. The water company can still file suit and its up to you to raise the defense. Because of that defense and age, it is likely an uncollectible debt. I would dispute this with the credit agency for...
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Q: if the plaintiff reschedules the court date, how will I be notified? Will I be served again by a police officer?

1 Answer | Asked in Collections for Tennessee on
Answered on Mar 13, 2017

You will NOT be served again, you should go to the original court date to get the re-scheduled date ( and to insure they do not take a default judgment against you without your consent).
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Q: I was wondering I have been at a motel \ hotel for a few months my bill is 3000 can the owner have me arrested if I leav

1 Answer | Asked in Collections and Landlord - Tenant for California on
Answered on Mar 12, 2017

The owner can report this as a crime of theft. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Don't know what to do. I am being sued for a car that belong to my ex husband and I signed on. The car was repo in 2005.

1 Answer | Asked in Collections and Consumer Law for California on
Answered on Mar 11, 2017

The divorce judgment should have decided liability for various debts. If it didn't do so and the divorce case is closed, then you may have to file a cross-complaint against your ex-husband seeking indemnification from the debt. Seek self-help resources at your local law library which may include research tools and necessary forms for your free use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You...
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Q: I would like to know if you dont currently have an ssn can a hospital bill or a closed bank account affect your credit?

1 Answer | Asked in Immigration Law, Collections and Consumer Law for Florida on
Answered on Mar 8, 2017

Yes, but it might be difficult to make sure the credit report refers to the right person, without a Social Security Number.
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Q: Can a repair shop charge storage fees after a repair is completed. A repair shop repaired a car for a said said price

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Answered on Mar 7, 2017

You will need to read the 'fine print" on the repair invoice- they might have wording in the form which allows it, so don't sign it without carefully reading it. If there is no wording in the contract, or no sign posted on the premises announcing that storage fees will be imposed , or most importantly, there was no pickup or completion date discussed when you brought the car in, then storage is not part of the contract. You will likely have to pay the disputed amount first to get your car...
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Q: If a debt is from 2011, could I still be liable for the debt if I go to the hearing?

1 Answer | Asked in Collections and Consumer Law for Massachusetts on
Answered on Mar 6, 2017

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2

You might be running very close to the SOL. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: If a promissory note is signed by the husband and another party, and the wife does not sign the note. Then the wife is

1 Answer | Asked in Contracts and Collections for California on
Answered on Mar 6, 2017

It depends on what you mean by "causes her husband to breach" [sic]. See: https://www.justia.com/trials-litigation/docs/caci/2200/2201.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Amount of time the law gives you before lien?

1 Answer | Asked in Collections and Consumer Law for Maryland on
Answered on Mar 5, 2017

It is not possible to fully answer your question without some additional context. The law does provide that, in certain instances, individuals can assert a lien without first obtaining a judgement. Examples here would be a mechanic's lien or a lien for attorneys fees. In other instances one must first obtain a judgment, which would then operate as a lien on property owned by or due to the debtor, if properly recorded in the appropriate repositories.
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Q: Collection agency contacted me to pay a 25 y/o credit card debt. Is this "time-barred" and not collectible?

1 Answer | Asked in Collections for California on
Answered on Mar 3, 2017

See: http://www.courts.ca.gov/9618.htm

The SOL may have run. It depends on the facts and whether novation occurred, even inadvertently. That's why it's key to have a lawyer handle such communications for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: How do I find information/pay off a Restitution lien?

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Arizona on
Answered on Mar 2, 2017

Go to or call the courthouse where the restitution lien was issued from.
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Q: Does one have to pay a creditor that put the debt to profit loss

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Georgia on
Answered on Mar 1, 2017

If the original creditor “charged off” the debt they are acknowledging that they have given up on being repaid on the original terms of the loan. The remaining amount is considered bad debt. This does not mean you do not owe the debt. This does not mean they have given up on trying to collect. They can try to collect or they may sell the bad debt to a debt collector that can attempt to recover the entire balance owed. You can search for an attorney using the Justia "Find a Lawyer" link...
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