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Collections Questions & Answers
1 Answer | Asked in Collections for New York on
Q: Can my mother be served paperwork for me? It is medical bills in collection I obtained as an adult.
Michael David Siegel
Michael David Siegel answered on Sep 25, 2020

Not if you do not live with her. But, collection agents use the address they have for you, which might be that address. Do not ignore a summons. It is easier to deal with it upfront than to vacate a default judgment.

1 Answer | Asked in Criminal Law, Civil Litigation and Collections for Florida on
Q: My mom received a phone call from a "private number" saying someone filed a complaint about me.

Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2020

That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.

1 Answer | Asked in Collections for Missouri on
Q: How long after not hearing anything from an attorney can I assume that a lawsuit wasn’t filed?

On July 5th, an attorney send me a letter trying to collect a debt I don’t remember. I sent a response on July 13th and haven’t heard anything back on Sept 22nd. Should I do anything else or assume they’re not filing a lawsuit?

Edit: there aren’t any cases filed against me on... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 22, 2020

Check Casenet to see if a case in Missouri has been filed. Don’t assume anything. https://www.courts.mo.gov/casenet/cases/searchCases.do

1 Answer | Asked in Bankruptcy, Banking, Collections and Small Claims for Washington on
Q: Can we fight this and at least stop the repo?

The co signer for my car filed for bankruptcy so now the bank won’t let me pay. When I try, it says that it’s covered under the bankruptcy. Now the bank is coming after my car if I don’t pay for all the missed payments. So they won’t let me pay but now they want all the money “I owe”

Timothy Denison
Timothy Denison answered on Sep 21, 2020

They can’t repossess your car while the co-signers automaton stay is in place. Hire a lawyer and let him straighten out the issues between you and the lender going forward.

1 Answer | Asked in Copyright, Criminal Law, Collections and Entertainment / Sports for Texas on
Q: I want to know how long can a company hold something of yours before it's considered theft?

I landed a drone in nrg parking lot when they were closed. The drone messed up and did an emergency landing. They took my drone and told me they wanted to check the footage then they would return my drone the next day. The next day which was september 16 they kept give me the run around. I found... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 21, 2020

Unfortunately, it might not ever be released if it is evidence against you. You may have both civil and criminal liability for the use of the drone, and it is a more serious crime if the facility is classified as critical infrastructure. Your best bet is probably to convince Joe Walters that you... Read more »

1 Answer | Asked in Real Estate Law and Collections for California on
Q: I'm being asked to give acknowledgement of satisfaction form by escrow firm before getting paid on my lien against condo

Escrow firm says I need to give them acknowledgement of satisfaction form before they pay me on my lien. Doesn't make sense to me to give them a form saying I got paid when I haven't. The person who owes me the money has sent me a check that would satisfy the lien but the escrow firm... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Pretty standard for an Escrow Company to get documents signed before the deal closes. If you really feel uncomfortable, tell them you want a face to face exchange of your signature for their check. The problem is that the money may not be in the Escrow account until it closes, not now.... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Collections for Missouri on
Q: I have been sued by a debt collection agency for less than $2000. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

You either litigate the case or you settle it. Many such cases get settled for a discounted sum with a payment plan. Most, however, result in default judgments and the the creditors try to garnish bank accounts and issue wage garnishments.

2 Answers | Asked in Collections for Tennessee on
Q: Can you collect on a judgement that was issued for $18,000.00 dollars against a self employed contractor. What fee?

Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.

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1 Answer | Asked in Estate Planning, Collections and Public Benefits for California on
Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?

I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »

Sally Bergman
Sally Bergman answered on Sep 14, 2020

This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »

1 Answer | Asked in Collections and Probate for Florida on
Q: Need help with probate debt

I have an open probate in Florida for which I am the personal representative. The estate is owed $1,700 from a country club. They have yet to acknowledge any attempts to collect this debt. We have no one in the Florida area, so small claims does not seem to be an option. The cost of using the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

Depending on the basis of the claim and if you have a contract providing that the prevailing party gets awarded attorney fees, you might consider that option. Or you could assign the claim to one of several debt recovery companies that pursue small claims cases all the time. But, if all else... Read more »

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

What is the question? What do you want to accomplish?

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
Tonya VanBenschoten answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 10, 2020

Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... Read more »

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1 Answer | Asked in Collections for Virginia on
Q: If my bank sells my credit card account debt, which has been closed to a collection agency in Michigan,

can they legally contact a law firm in my state Virginia and bring a lawsuit against me for payment?

Steven Krieger
Steven Krieger answered on Sep 9, 2020

If you're residing in VA, then a lawsuit could be filed against you in Virginia. The logic is that it's more convenient for defendants to defend any claim in the location where they are residing than if the creditor would have filed suit against you where the debt originated (and make you... Read more »

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: judgment collection a small claim court.

I won a judgment in a small claim court. However, the defendant refuses to pay. What I can do? The defendant has a real estate property, but she put an enhanced life estate deed after she was notified of my intentions to sue her.

Should a file a Notice of Lis pendens with the Clerk of the... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

Read the Florida Small Claims Rules, which are on-line. There are rules and associated forms for demanding the judgment debtor to disclose her assets, including bank account data, so that you can then attempt to garnish her account. Many such debtors will not comply with the disclosure demand, in... Read more »

2 Answers | Asked in Traffic Tickets, Criminal Law and Collections for Florida on
Q: License suspension due to non-payment of court cost?

I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income

Henry George Ferro
Henry George Ferro answered on Sep 8, 2020

You may be able to work something out with the clerk's office to get a clearance on your license. That may all depend on the number of cases that are pending and the locations of the tickets issued. Or, you may wish to contact a lawyer.

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1 Answer | Asked in Collections for California on
Q: I have a debtor trying to collect on a bill that was mine through my ex. It was from 2013 can you tell me the statute
Maurice Mandel II
Maurice Mandel II answered on Sep 5, 2020

4 years on a written contract. If there was a judgment, it is good for 10 years. This could be a violation of the Fair Debt Collection Practices Act. You should consult with a Collections Attorney in your area.

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... Read more »

1 Answer | Asked in Small Claims and Collections for North Carolina on
Q: I obtained a loan for 1,000 in Dec 2019 and unfortunately defaulted. With added I retest and fees balances went to almot

6,000. They offered a settlement of around 1500. I was able to send in $550 but was unable to settle as soon as they wanted. I continued to stay in contact but they voided the settlement. I am in NC but the loan originator is out of state. My question is will they automatically garnish my wages or... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 28, 2020

More details are needed. Was this an internet "payday loan"? if so, they are unlikely to sue. If this was a local finance company or a bank, they might sue or they might not. We do not have wage garnishment in North Carolina. If this is an out of state lender they may sue you in that... Read more »

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