Collections Questions & Answers

Q: Trying to collect on a judgement on a business that dissolved after my judgement. What do I do

1 Answer | Asked in Collections, Small Claims, Consumer Law and Business Formation for California on
Answered on Sep 21, 2018
Vernon Charles Tucker's answer
If the Corporation dissolved typically you are out of luck and have an uphill battle in front of you to enforce the judgment.

However, its complex and requires motion work, but if certain facts are present you could argue the new corporation is the same as the old corporation or is an "Alter Ego" of the old corporation. This may open other doors that could apply pressure to judgment debtor if they are one in the same.

I would look at the amount of the judgment, and see whether...

Q: I had a few items that went to collections.these cases are over 20years old. And there asking an outrageous amount $$$

1 Answer | Asked in Collections for Oregon on
Answered on Sep 21, 2018
Gregory L Abbott's answer
It depends upon what you mean. IF they went to court and they got a Judgment against you, a Judgment in Oregon is good for 10 years and may be renewed once for another 10 years from when renewed. After that it is gone permanently and anyone trying to collect on it may be guilty of an unfair debt collection practice. If you mean that it is trying to be collected on by a collection agency or creditor still, but it never went to court and there is no Judgment, then you are correct that a...

Q: Is a California payday loan lender allowed to directly post a collection to my credit file?

1 Answer | Asked in Collections, Consumer Law and Contracts for California on
Answered on Sep 20, 2018
William John Light's answer
Yes, Small Businesses can report delinquent accounts directly to credit bureaus, if they are members of the service and have paid the fees.

Q: My mother keeps receiving excessive collections calls and she doesn't speak English.

3 Answers | Asked in Collections for Michigan on
Answered on Sep 19, 2018
Trent Harris' answer
She can cite the Fair Debt Collections Procedures Act and ask for no further contact. This would work if the caller is a debt collector. If the caller is an original creditor, not a debt collector. they don’t have to obey the FDCPA. In that case a bankruptcy might be the only avenue. Here is some info from the State of Michigan: https://www.michigan.gov/ag/0,4534,7-359-81903_20942-238041--,00.html

As always, you get what you pay for. Be sure to talk to a qualified attorney about your...

Q: Can I still sue my ex-husband?

3 Answers | Asked in Family Law, Child Support and Collections for Georgia on
Answered on Sep 13, 2018
Regina Irene Edwards' answer
Yes, you can. Consult with an attorney about your options.

Q: What if it has zero nicotine

1 Answer | Asked in Collections, Health Care Law and Internet Law for Tennessee on
Answered on Sep 12, 2018
Timur Akpinar's answer
It looks like part of your question is missing and may have inadvertently been left out.

Q: CAN I SEND A PERSON TO THE BUSINESS OF THE PERSON I AM SUING UNDER FALSE PRETENSES TO SERVE HIM THE PAPERS?

1 Answer | Asked in Collections for Michigan on
Answered on Sep 12, 2018
Trent Harris' answer
No, you can't send a person to the business under false pretenses (for example, having the person pose as a customer, when they really aren't really there to shop but are there for another reason). But you can send the person to the business for the purpose of finding the person you are suing, and delivering papers.

You could have the person go to the business and ask if they can speak with the person you are suing, and if they are asked for a reason, the person serving papers should...

Q: Hi, if my twins father gets married and buys and sell property under his wife's maiden name while they were married

1 Answer | Asked in Child Support and Collections for Illinois on
Answered on Sep 10, 2018
T. J. Jesky's answer
Regardless of whether your ex buys or sells property, you state you have "unpaid child support." You are entitled to this unpaid child support now.

Let me suggest you contact, the Illinois' Division of Child Support Services, they will pursue several remedies on your behalf. This includes wage garnishment, property liens, revocation of licenses, interception of tax refunds and criminal prosecution.

Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on
Answered on Sep 7, 2018
Thomas A. Grossman's answer
I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any facts for me to consider. If you have an attorney, you should consult your attorney about the settlement you want. If you have done nothing more than write a letter to an insurance company, you are probably far...

Q: What's the quickest way for me to stop collections calls from happening? I'm sick of the harassment!

3 Answers | Asked in Collections for Michigan on
Answered on Sep 7, 2018
David Soble's answer
Well, the quickest way to stop harassment from collection agents is to cite the FDCPA {"Fair Debt Collection Practices Act") by saying, "pursuant to the FDCPA - stop calling my home, office etc." Continued violation of the Act subjects the collector to a law suits, damages, fines and attorney fees. A more extreme measure would be to file bankruptcy. However, most debts can be negotiated with the help of a competent debt resolution attorney. Proceed with caution if you are considering a...

Q: Childsupport enforcement let my ex husband close the case because I'll filed contempt charges against him for childcare.

2 Answers | Asked in Divorce, Family Law, Child Support and Collections for Georgia on
Answered on Sep 6, 2018
Ellaretha Coleman's answer
You are right. He does still owe for child support even if not being enforced by the child support enforcement agency. If he has also stopped paying his ongoing child support, you should amend your petition for contempt to also include these amounts so that the judge may rule on that issue in the upcoming contempt hearing.

Q: I Live in the State of Maryland when does the Statue of limitations expire to collect on a line of credit?

1 Answer | Asked in Collections and Consumer Law for Maryland on
Answered on Aug 28, 2018
Mark Oakley's answer
The SOL is three years from the date of the last payment you made to them, so if you've made payments within the past three years, you extended the SOL for the entire balance still unpaid. You also may have "acknowledged" that you owe the money, which in Maryland can re-start the 3 year SOL from that date (although the law is changing on that type of SOL trigger). You can send written cease and desist letter directing that they no longer communicate with you, and by law they must stop or you...

Q: Is the defendant served the Req for Entry of Judgment and/or Judgment? How much time to file to Set Aside Default /Vaca

1 Answer | Asked in Consumer Law, Contracts and Collections for California on
Answered on Aug 27, 2018
Thomas A. Grossman's answer
I can't give a definite answer due to the uncertain facts. I sounds like the defendant did not properly file his Request for Default, and if so that document has no effect. To be sure of the status of your case, I would call the Court Clerk of the Courthouse where this matter is pending, and ask the Clerk if there has been a valid Req. for Entry of Default filed by the defendant. They should be able to tell you the status. You can also look up your case number and see what documents have...

Q: I received a Notice of Authority to file suit from a debt collector about a old debt

1 Answer | Asked in Bankruptcy and Collections on
Answered on Aug 26, 2018
Timothy Denison's answer
No. Check your credit report for information about that debt. If they do file suit. You can probably obtain the documents you need from the credit itself through discovery in the lawsuit.

Q: Wage Garnishment

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Virginia on
Answered on Aug 25, 2018
F. Paul Maloof's answer
If you file a garnishment summons, you and the employer are required to appear before the court. The clerk's office will give you a list of required documents that are required and the forms of service if process. If any money is withheld by the employer, it will be sent to the court and given to you on the return date.

Q: Can a third party collection agency sue for an account charged off since 2012?

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Arizona on
Answered on Aug 25, 2018
Peter H. Westby's answer
The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There may be other defenses available to you. These matters are all fact driven and, without knowing more of the facts, it is impossible to determine whether the collection agency is correct or whether you...

Q: What is the statute of limitation for a debt collecton to file suite to collect on a civil jugment for court costs?

1 Answer | Asked in Collections for Florida on
Answered on Aug 22, 2018
Barry W. Kaufman's answer
Civil judgments are valid for 20 years. Arguably, this judgment is not debt as defined by the FDCPA.

Q: can an insurance co trying to collect for what they paid in uninsured motorist policy suspend DL of person responsible

1 Answer | Asked in Car Accidents and Collections for Arkansas on
Answered on Aug 21, 2018
Peter Munsing's answer
In most states the answer is yes. Assuming you were responsible, you want to consider looking at the damage evaluation and figuring out a payment plan. Or you can consult a bankruptcy attorney but the interesting point is I've heard of cases where the debt is erased but because of the way the law and regulations are written the person still has the suspension! (I have not heard of such cases in Arkansas, but chances are an Arkansas lawyer has). Look for an attorney for the county that would...

Q: Just trying to find out on a judgement/settlement i received,if and how to collect on it.Superior court judgement

1 Answer | Asked in Personal Injury and Collections for Washington on
Answered on Aug 20, 2018
Vincent J. Bernabei's answer
You will need to begin enforcement action, including wage and bank garnishments, seizure and sale of real and personal property, if any, owned by the debtor. If the debtor transferred property to others in an attempt to avoid the judgment debt s/he owes you, the recipient of the property may also be liable for the judgment. You should immediately contact an attorney to begin.

Q: I'm in the process of paying my bankruptcy lawyer but have one of my creditors filing a civil suit.

1 Answer | Asked in Consumer Law and Collections for Florida on
Answered on Aug 19, 2018
Barry W. Kaufman's answer
You can't do anything to stop the creditor from filing the suit, except enter into a payment arrangement.

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