Collections Questions & Answers

Q: How can I sue an individual for around 14,000?

2 Answers | Asked in Personal Injury, Collections, Libel & Slander and Small Claims for California on
Answered on Dec 14, 2017

You can sue for up to $10k in Small Claims court. Not sure how you would collect if successful.
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Q: When is a quit claim deed a legal document . When grantor signs and notorized or when recorded with county ? Roane Tn.

2 Answers | Asked in Real Estate Law and Collections for Tennessee on
Answered on Dec 14, 2017

There's a lot to unpack in your question. A validly executed Quitclaim Deed is effective to convey real property when signed and delivered to the Grantee. (If it's not notarized, it isn't recordable.) Typically, auction sales sell real property "As Is" subject to any and all liens, encumbrances, defects in structures, problems with boundaries, and defects in title, etc. You'll need to refer to the terms of your auction to see if the terms were different. A Quitclaim Deed contains no...
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Q: Can I take someone to court for money they owe me if they agreed to it in a text message?

1 Answer | Asked in Collections, Criminal Law and Small Claims for Florida on
Answered on Dec 13, 2017

Yes, text messages are admissible as evidence under those circumstances.
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Q: Received a phone call saying that I had a Check Into Cash debt from 2004 and was being summons to court

1 Answer | Asked in Small Claims and Collections for Ohio on
Answered on Dec 12, 2017

Cancel your debt card and inform the bank you've been the victim of a scam. Courts do not call people to summon them into court.
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Q: how long does a debt collection law firm usually take to file a judgement against someone? i just got my first letter

1 Answer | Asked in Civil Litigation and Collections for Maryland on
Answered on Dec 7, 2017

First someone had to have a court case. Start by asking them in writing to give you the reason they think you owe whoever it is the money. Don't agree you owe it--say you want to see the paper and dispute it (assuming you do). Once you have the papers you need to contact a consumer attorney. Go to www.naca.net
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Q: My mom was served for 12000 credit card debt to BOA, papers sent to bro's house, we do not live there. How to proceed?

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Dec 7, 2017

Well, they can attach a lien to the house. This is important enough to talk to a Consumer lawyer. National Association of Consumer Advocates is one place to look.
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Q: After your account from a rental property is sent to an attorney what then happens ? Collection agency takes it ?

1 Answer | Asked in Collections, Small Claims and Contracts for Ohio on
Answered on Dec 7, 2017

The attorney may turn it over to collections or file a lawsuit against you. You should call the attorney. If you are willing to work out a payment plan there is no reason for you to be sued or to have the debt wind up in collections.
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Q: Are collections agencies allowed to call me at work?

1 Answer | Asked in Collections for Florida on
Answered on Dec 6, 2017

The Fair Debt Collection Practices Act "FDCPA" prohibits debt collectors from contacting debtors at inconvenient or unusual places. Some workplaces, by their nature, are inconvenient places for debtors to take collection calls. If it's inconvenient for you to take calls at your job site, let the collector know.

Another section of the FDCPA expressly prohibits collectors for contacting debtors at work if the collector knows, or has reason to know, that the employer prohibits such...
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Q: i got a dui 17 yrs ago never paid fine got a call from collections can they suspend my dl now

1 Answer | Asked in Collections and DUI / DWI for North Carolina on
Answered on Dec 5, 2017

Are you sure your license isn't currently suspended? The DMV usually suspends for failure to comply with court-ordered fines, or for failure to be reinstated from your DWI conviction (which would include the county you were convicted in confirming to DMV that you had paid all ordered fines).
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Q: I'm being sued in civil court over outstanding credit card debit. I'm 76 living on a fixed income. Do I have any option

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Ohio on
Answered on Dec 4, 2017

Your pension and docial security cannot be garnishdd. However, if the judgment creditor attaches your bank account you will have to prove that the funds came from an exempt source.

Alternatively, if it is a credit card not issued by a National Bank, they cannot charge interedt anove the statutory maximum, and they cannot compound the interest.

You could defend yourself and assert that you did not sign any agreement agreeing to these interest charges
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Q: My wife recently received a letter from Hayt, Hayt & Landau, P.L. to collect a debt. What should we do?

2 Answers | Asked in Collections for Florida on
Answered on Dec 4, 2017

If you believe the debt is not owed, you should notify them in writing to verify the account. If the debt is owed, you will want to negotiate a payoff or installment plan so you can avoid getting a judgment against you and your credit. If you do not have means to pay and you have lots of debts, you may want to schedule a consultation with a local bankruptcy attorney. Best of Luck! Jennifer
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Q: Am I liable to pay back accounting error?

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Dec 4, 2017

There should be a refund of $360 form the bank, since they were over paid. If and when that $360 comes back to you, I think you'd owe it to the dealership.
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Q: Can they open a closed case that was closed and paid for in 2012 and reopen back in 2016 need help they taking money out

1 Answer | Asked in Child Support and Collections for Illinois on
Answered on Dec 3, 2017

Usually child support is based on court orders.

If the child is of age and there is no current support and all prior amounts have been paid there should be nothing further to do.

Obviously, this needs to be checked to make sure everything is correct.
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Q: My mother in law who is 82 years old had a credit card she could no longer pay.

1 Answer | Asked in Collections, Consumer Law and Elder Law for Florida on
Answered on Dec 1, 2017

You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment entered against her. The answer depends upon what assets and income she has.
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Q: Hello i owe on a credit card and now they are suing me for the balance the paper states i need to reapond? How?

1 Answer | Asked in Small Claims, Collections and Consumer Law for Ohio on
Answered on Dec 1, 2017

You respond by filing a document with the court. The most common is simply known as an answer, which is a document in which you respond point by point to the allegations in the complaint. There are also several motions which may be filed as a response before, with, or after the answer. As with any court issue, it is advisable to hire an attorney.
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Q: husband is paying arrears faithfully. can bank account still be levied?

1 Answer | Asked in Banking, Civil Litigation and Collections for Michigan on
Answered on Nov 29, 2017

Probably. I would need some additional information to accurately answer your question. I am assuming your husband had a repayment agreement with the creditor or debt collector after a judgment was entered in court. Most of the time, creditors will honor that payment plan and not take any collection action. Occasionally, bad faith, unscrupulous and unprofessional creditors will still continue to garnish and use other tactics - despite your good faith efforts to repay them. It's sad, but...
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Q: About 2 years ago I won a civil case in Puerto Rico. But I havent received all money. What can i do now?

1 Answer | Asked in Civil Litigation, Criminal Law, Municipal Law and Collections for Puerto Rico on
Answered on Nov 28, 2017

You can docket the judgment from Puerto Rico in New York. You need to get a certified copy from the court there.
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Q: Can a loan company come after you if the property was repossessed?

1 Answer | Asked in Collections for New York on
Answered on Nov 28, 2017

Just like a car, this is the deficiency after the repo sale, and the charges of the sale. Your father must respond. There are defenses, and settlement for less is possible. Ignoring it will cause a default judgment to be entered.
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Q: What are my rights if im getting sued for something i was a co signer on? What about the main signer? Hes on disability

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Answered on Nov 27, 2017

The is an old saying among lawyers about co-signing for a debt: Don't do it! By signing- you guaranteed payment and the creditor does NOT have to seek payment from the other debtor. ( If the other debtor could afford to pay or had decent credit- then they would NOT have needed a co-signer).It sounds like you have no defense to owing the debt, but if you pay it, you still have the right to week reimbursement from the other debtor. However, based on what you day, the creditor may have a big...
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Q: In a marriage if one partner creates debt on accounts that are in his name only is the other partner responsible also

1 Answer | Asked in Small Claims, Collections and Family Law for Oklahoma on
Answered on Nov 26, 2017

Generally, NO, unless the debts were incurred for "necessities of life" such as food, shelter, etc.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law
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