Collections Questions & Answers

Q: In Michigan after a judgement has been Made can I appeal? how long does the plaintiff have to wait to put a lien on my p

1 Answer | Asked in Real Estate Law and Collections for Michigan on
Answered on Apr 28, 2017

You CAN appeal, but there must be a basis for that appeal. In other words, you can't just appeal 'because you think it is the wrong decision' you have to have a legal reason WHY the judge / jury came to the wrong conclusion. If you don't understand what that means, you REALLY need to hire a local litigation attorney ASAP to discuss this with you.

"Enforcement" cannot begin until the appeal period has run, be that 21 days or some other shorter period. The process is complex and time...
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Q: If a lady sold me a motorcycle for $6,000 in California but wants $10,000 after she wrote 6 on the title, Can she sue me

2 Answers | Asked in Contracts, Collections and Lemon Law for California on
Answered on Apr 27, 2017

It depends on the contract you made. Was she trying to defraud DMV and the IRS by stating a lower amount on the title, with or without your consent? Did you agree to pay her $10,000? Text messages can be subpoenaed from the service provider.

See: http://www.aeesq.com/business-law/business-law-introduction/

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...
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Q: received a check without funds. what i do? i call the writer of the check, but i think he try to avoid me.

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Collections for New Jersey on
Answered on Apr 26, 2017

Contact the Prosecutor in the town where the check was issued and file charges.
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Q: What can I do to avoid having my wages garnishs for a title loan my wife took out for herself ?

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Answered on Apr 24, 2017

If there was a court case and they took a judgment against you, they have a right to garnish your paycheck.

If the judgment was entered in error, you need to go back to court to have the judgment vacated.

It seems as though both of you were liable on the debt and they sued both of you but only got the judgment against you because she wasn't served and so the court did not have authority over her.

In any case, if a creditor gets a judgment against two people, it doesn't...
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Q: I received a judgement (bank levy)from a collector. Citibank sold to collectors in May 2006. What are my rights?

1 Answer | Asked in Consumer Law and Collections for California on
Answered on Apr 21, 2017

If you have judgments against you, your rights are pretty limited. Lawsuits have to be served on you before a judgment is entered. It gives you the opportunity to contest the charges. If you did not contest the charges, then the plaintiff gets a Judgment and you can't come back later and try to dispute it. You might consult with bankruptcy counsel, but there are restrictions on discharging credit card debt. An expert in that field will be able to direct you.
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Q: Can a removed collections account reappear on my credit report?

1 Answer | Asked in Collections and Consumer Law for California on
Answered on Apr 18, 2017

See my answer to your identical question here. 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, www.AEesq.com. 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...
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Q: when collection agencies sell an account will it disappear on your credit report?

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Answered on Apr 18, 2017

Credit reports may stop listing certain accounts or judgments after a period of time, but that doesn't mean you're necessarily cleared of any related legal liability. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC...
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Q: I recently had to withdraw from school due to not being able to pay for it.

1 Answer | Asked in Education Law, Collections and Consumer Law for Indiana on
Answered on Apr 14, 2017

No, you are the hook for your student loans even if you did not complete your degree. You aren't paying the school at this point you are paying the loan provider. The school already got their money. If payment is an issue you can work with your student loan provider to get onto an income based repayment plan.
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Q: A event was cancelled and they emailed us, offering refunds. A month later, and still no word, even though we emailed.

1 Answer | Asked in Consumer Law and Collections for California on
Answered on Apr 14, 2017

You may want to review your contract with a lawyer to see if you can/ should sue in court or negotiate a resolution.

See: http://www.aeesq.com/business-law/business-lawsuits/

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, www.AEesq.com. I practice...
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Q: I have a wage garnishment of 3,ooo.i was never served or never went to court ,never had a judgement against me

1 Answer | Asked in Collections for California on
Answered on Apr 14, 2017

You can file an appeal of the judgment in the court where it was issued, claiming you were never served. Free legal resources are available at your local law library. You can also contact legal aid for help to see if they provide help with such cases. 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/...
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Q: If you are living with someone-18yrs-but not married , are you responsible for his debts when he dies/ he has no assets,

2 Answers | Asked in Family Law, Collections and Probate for California on
Answered on Apr 13, 2017

No, you are not responsible for the debts of the decedent. By the way, there is no common-law marriage in California.
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Q: How do I collect on a NY judgement from a judgement debtor who lives in HI?

1 Answer | Asked in Collections for New York on
Answered on Apr 12, 2017

You need to hire a Hawaiian lawyer and have the judgment docketed there. It is a simple procedure. You do not need to start over.
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Q: What reason would a collections lawyer need a driver's license number and a social security number of the defendant?

1 Answer | Asked in Collections for Michigan on
Answered on Apr 7, 2017

That information facilitates a public records search, i.e. a search for assets by differentiating the debtor from another with a similar name.
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Q: I have paid off a judgment against me and another collector ( a lawyer) is trying to collect on the paid off judgment.

1 Answer | Asked in Collections for California on
Answered on Apr 6, 2017

Is there a lien on your home? Why is the bank holding up your refinance if you've shown them proof of clear title and the paid-off debt? 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: My wife just passed away. What of any of her bills am I responsible for? And If my name is on any of her accounts?

1 Answer | Asked in Family Law, Collections and Probate for California on
Answered on Apr 5, 2017

It is possible that her estate would be liable for separate property debts, and it's possible that you'd be responsible for your share of community property debts and joint accounts. Did she have a trust or will? 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,...
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Q: What can happen to me if I can't pay a court judgment to collect a $6000 credit card debt? I only have a 2013 car.

3 Answers | Asked in Civil Litigation, Collections and Small Claims for Florida on
Answered on Apr 4, 2017

A judgment is merely a piece of paper signed by the Judge that states that you owe a stated sum of money. The Judgment will begin to accrue interest at the current rate of: 5.05% effective on April 1, 2017.

The Judge allows the judgment creditor to seek to garnish wages or bank accounts ect, but they must do so through the court system. Of course, you must have something to garnish for them to be able to do so.

Since you are married, you want to be careful that the Judgment...
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Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper

1 Answer | Asked in Business Law, Collections, Lemon Law and Consumer Law for Colorado on
Answered on Apr 4, 2017

You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an attorney.
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Q: If my brother transferred my grandfathers life insurance to me can Medicaid get it from me?

2 Answers | Asked in Estate Planning, Collections and Consumer Law for New York on
Answered on Apr 4, 2017

Yes. You need a life insurance trust.
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Q: Am I liable for my underage son's eBay and PayPal account balances

1 Answer | Asked in Consumer Law, Contracts, Collections and Juvenile Law for Massachusetts on
Answered on Mar 30, 2017

Yes, you may indeed be sued for that. 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: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Louisiana on
Answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to actually collect.
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