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1 Answer | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: Sued someone for personal damages more than $5000 and they never returned informational sheet

How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More

1 Answer | Asked in Collections for Michigan on
Q: Can I have my wages Garnished if I never received a court date for a lawsuit against me?

Credit Acceptance sued me for a loan that they doubled. I never got a court date for the law suit or anything after for any other court dates for wage and tax garnishments. They are taking HALF of my paycheck every week.

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 3, 2024

If you were not served with the summons and complaint, you may have a basis for setting aside the judgment and stopping the garnishment. Also, a wage garnishment is limited to 25% of your net take-home pay. However, you need to file something with the court to raise these issues, and most people... View More

1 Answer | Asked in Collections for Connecticut on
Q: Is it legal for another collection agency to have my information when I paid the debt they are contacting me for?

I had an account with a hospital go to a debt collection agency, I paid them the money and received a confirmation number and also called to confirm the account was listed in their system as paid off. I then received a call from another debt collection agency looking for payment for the same... View More

James (Jake) Dunigan
James (Jake) Dunigan
answered on Dec 2, 2024

It's probably not legal and you may have rights and a remedy against the second collector. There are several federal statutes in place to prevent this exact kind of action including the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. An attorney would need to know more... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Attorneys who practice in Puerto Rico could advise best, but your question remains open for over two weeks. Did the agreement for the course you offered include any clauses about where disputes or collections would be handled? That could be the first thing to look into. One option is to approach... View More

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2 Answers | Asked in Collections for Puerto Rico on
Q: I had two people from an engineering firm in Puerto Rico take an online course and now I cant get them to pay me for it.

The amount is around $3000 US What are my options?

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2024

Addendum - I just noticed that the manner in which I wrote my response may not have seemed fully clear. By "local," I should have made it clear that I meant local to Puerto Rico. Good luck

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2 Answers | Asked in Collections and Consumer Law for New York on
Q: How can I dispute a collection agency or get a reduced price for a college tuition debt

I graduated two years ago from Lock Haven Pennsylvania but I was unable to pay the last semester of my tuition and it got send to an agency what can I do to get this amount reduced or completely cut, or how can I get the college to release my actual transcript

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2024

It could depend on the agency. Some are more aggressive than others. You could try to negotiate a lower figure if you are newly out of school and struggling. They MAY or MAY NOT be receptive to your attempts. No one here can say what their position will be. They could say no. If you DO succeed in... View More

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1 Answer | Asked in Collections for North Carolina on
Q: I've been receiving phone calls from someone saying they are a litigation service and claim I owe money. Is it legit?

They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 17, 2024

Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More

1 Answer | Asked in Collections for Missouri on
Q: Is a garnishment legal if the paperwork was not physically served to the one being garnished and the garnishee?

Paperwork was left in my mailbox, and left at reception desk at my employers hr office. Not only that the address is the same as mine but the name on the paperwork is xx and my name is xx. Doesn’t HR have to answer some kind of questions b4 following through?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 10, 2024

The garnishee (employer) must answer the interrogatories. I see no reason while your employer would want to spend money challenging the propriety of service. You are free to file a motion to quash the garnishment and schedule a motion hearing but my hunch is that you’ll lose. Even if the... View More

2 Answers | Asked in Collections for California on
Q: Hi, my mechanics lien expired on 8/8/2024 but i wanted to enforce the lien. Is there a way I can still enforce it?
Leon Bayer
Leon Bayer
answered on Nov 5, 2024

What you can do is what you already should have done before the lien expired - you can file a lawsuit, and if you win you can have a judicial lien imposed, and then get a writ of execution to foreclose the lien.

Your lingering problems are two: you have a tendency to sit on your hands, and...
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2 Answers | Asked in Civil Litigation, Civil Rights and Collections for California on
Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

I 100% supported everything financially and have endured debt on it and still to this day pay it

We are not together anymore and the plan was if she wins debt is owed back to me

That was a verbal agreement but I’m afraid since our fallout in the relationship she will not pay... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court... View More

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2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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1 Answer | Asked in Collections for North Carolina on
Q: I was sued and lost but the case was filed in a different county than the one i live in is this a valid suit

It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.

The general rule is that debt collection lawsuits must be filed in the...
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1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: I have a default judgement against a company in Phila. Pa. The judgement was in Alabama how hard is it to collect

Default judgment for approx 5400.00 issued in Alabama for a company in Pennsylvania

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 21, 2024

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your...
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1 Answer | Asked in Collections for Texas on
Q: Should I pay off a closed collection debt?

I defaulted on a credit card for a big named brand store. I owed $1777. I couldn’t make the payments because I was having difficulty affording my daily living costs. I am at a better job and I want to repay the furniture store what I owe but the loan on my credit report says closed? Should I... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

What you should or should not do is a moral question.

You can contact the creditor and offer to pay the account in full if it will change its report to the major credit bureaus to reflect that the account is closed and paid in full. That likely would improve your credit score if you were...
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1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

1 Answer | Asked in Collections for Virginia on
Q: I have a credit card debt sold to midland credit management (MCM), set up payment arrangement, still seeking judgement.

As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2024

None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the... View More

3 Answers | Asked in Bankruptcy and Collections for Kentucky on
Q: Can a debt collector who placed a judgement lien on my home, also garnish wages? (In reference to a repo'd vehicle)

Co-habitation or significant other and I share debt. I own my home while my partner did not own property when he filed bankruptcy. I attempted a Chapter 13 but it was dismissed as the courts wanted more than I can pay. I did not want to loose my home. Bankruptcy attorney instructed us to return the... View More

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Sep 23, 2024

A debt collector is not restricted to just attaching your home. He can garnish wages, a bank account, and even attach a car or furniture to be sold to satisfy the debt. All at the same time but he is limited to the amount of the debt. The judgment often allows him to collect interest and... View More

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