Collections Questions & Answers

Q: What is the statue of limitations on a debt because of back rent?

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Virginia on
Answered on Aug 17, 2017

In Virginia, if there was a written contract or written lease, the Statute of Limitations (SOL) is 5 years. If there was no written lease or agreement but simply an oral agreement, the SOL is 3 years.
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Q: I have student loans I'm not paying, they garnish my wages & take my tax refund. If I get married can they go after

1 Answer | Asked in Family Law and Collections for California on
Answered on Aug 17, 2017

You and he can sign a prenuptial agreement to maintain your debt as separate, and you may consider an indemnification clause in there as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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...
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Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for New York on
Answered on Aug 16, 2017

Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
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Q: Can I put lien on someone property who previously passed away? Lent about 10 grand for remodeling his home.

1 Answer | Asked in Real Estate Law and Collections for California on
Answered on Aug 15, 2017

You can actually file a petition for probate and make a claim against the estate. That would be a viable option if the property itself is worth enough beyond the taxes owed. It is also possible to pursue the family members who took valuable items.
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Q: What's the best defense in a contempt of court case?

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Answered on Aug 14, 2017

The most common defense is "inability to pay"- for jail time to be imposed, the Judge must find that the contempt is "willful" or in other words, you chose not to pay. If you did not have enough money to pay, you had no choice.

However, this requires complete disclosure of your finances. If you had money and spent it on other bills, this won't work. You have the right to an appointed lawyer if you can't afford one and they are asking for jail time.
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Q: Temporary child custody to grandparents because I am temporarily homeless and I brought my kids to them to have a home

1 Answer | Asked in Child Custody, Estate Planning, Child Support and Collections for Georgia on
Answered on Aug 13, 2017

You are being asked to give up your legal rights, to your parents. If you sign the papers, that will be the final ruling, most likely. Because I cannot judge WHAT IS BEST FOR THESE CHILDREN, there is no way to give more of an answer. But, that issue should be your guiding light, not what you want. Children need stability and they need to have security, and it sounds like you can currently offer neither. But, your facts (as stated) do not tell the whole story of how this happened.
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Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?

1 Answer | Asked in Arbitration / Mediation Law, Products Liability and Collections for Arizona on
Answered on Aug 13, 2017

Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.
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Q: A judgment was filed by the attorney general of ny on behalf of SUNY(state university of new york) for unpaid tuition.

1 Answer | Asked in Collections and Consumer Law for New York on
Answered on Aug 13, 2017

Judgments are on the books for 20 years in New York. Ten years is the time they are a lien on real property.
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Q: How can I collect on a 1/5/10 judgment for past rent on someone who moved out of VA, but will be in VA on a known date?

1 Answer | Asked in Collections, Small Claims and Landlord - Tenant for Virginia on
Answered on Aug 8, 2017

If you did not get a proper judgment against the defendant the first time you may be out of luck due to statute of limitations problems but speak to an attorney as they will need the whole story
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Q: I sued AAMCO Monrovia & won. Haven't collected all award yet. AAMCO's moved. How do I find out if they filed bankruptcy?

1 Answer | Asked in Bankruptcy, Business Law, Collections and Small Claims for California on
Answered on Aug 8, 2017

As a creditor, you would have received notice of the bankruptcy filing in the mail. You could do an internet search for the company to see if anything is available about a bankruptcy. Or, continue to attempt to collect.
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Q: My very elderly Dad is req'd to pay an AMEX debt I incurred as a cardholder on his ac.Can we reduce the debt?Stop calls?

1 Answer | Asked in Collections and Elder Law for New York on
Answered on Aug 4, 2017

You cannot stop the calls. It is his debt. AMEX will settle for half in a lump sum, typically, or give a payout. Your dad is not judgment proof, and he will be sued. You need to get authority from him to settle the account and be prepared to pay.
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Q: My father and I own a motorcycle and vehicle together if he gets sued do I lose the property? How does that work?

1 Answer | Asked in Family Law, Collections and Consumer Law for Colorado on
Answered on Aug 3, 2017

If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit judgment--which is not automatically granted), two things can happen. One (the lease likely), the 3rd party can assume your father's portion of the bike and you can share the bike with the new party....
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Q: Does a debt collector need to provide physical paperwork before you start paying? Or will emails work from them hold up?

1 Answer | Asked in Collections for New Jersey on
Answered on Aug 1, 2017

There is no rule on this. In today's world an electronic copy of the agreement is probably sufficient.
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Q: I filed an answer to a complaint in small claims in OH. Can I file a motion to dismiss too? Judge referred to mediation.

1 Answer | Asked in Collections and Small Claims for Ohio on
Answered on Aug 1, 2017

You can file anything. It's chances of success are a different matter. Why do you think the debt collector lacks standing?
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Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a consumer with such frequency as to harass him. Subsection (5) deals specifically with harassment by multiple phone calls.

Subsection 5 states:

Section 806(5) prohibits contacting the...
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Q: I went to Little Rock Arkansas the week of June 19-25 I was supposed to get paid on July 10 but didn't. Now it's the 28

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Collections for Georgia on
Answered on Jul 29, 2017

If you have exhausted efforts with company Hire an attorney to recover the wages. Simple as that. The money is owed under simple contract and Flsa does provide some basis for recovery
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Q: Short Sale in May 2010, including a Line of Credit. Short Sale written off. 1/5th of LOC. After 7 yrs, do I owe the LOC?

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

I'm not sure I understand you, but I think you are asking if an agreement to pay a debt expires after seven years regardless of its terms. While there is a model of that in the Bible called the Jubilee, historians tell us it may not have happened that way even in 1000 BCE. Today, we have 30 and even 40 year mortgages, and they do not expire after seven years.

You might, however, be able to discharge the debt in bankruptcy or buy a discount on a one-time payoff.
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Q: Hospital bill

1 Answer | Asked in Collections for Florida on
Answered on Jul 28, 2017

Absolutely! If you are not on a specific repayment plan, you can pay them whatever you can afford in your budget. Best of Luck! Jennifer
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Q: If i close my case with OCSE can i reopen it at a later date & collect arrears owed

1 Answer | Asked in Child Support and Collections for Georgia on
Answered on Jul 27, 2017

The arrears doesn't get waived by you closing a child support case and hiring an attorney. The arrears will always remain until paid.
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Q: I hired a lawyer who did not complete his job. Do i still have to pay him

1 Answer | Asked in Collections for Tennessee on
Answered on Jul 27, 2017

You should report the lawyers' behavior to his boss at the law firm and to the state agency that governs lawyers. In TN, the agency is called the "Board of Professional Responsibility."
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