Collections Questions & Answers

Q: What's the statute of limitations for filing a debt collections suit?

1 Answer | Asked in Collections for Maine on
Answered on Nov 9, 2018
Fred Bopp III's answer
In most consumer debt cases, the statute of limitations for filing a debt collections suit is 6 years from the time the consumer stopped making payments on the obligation.

Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Answered on Nov 9, 2018
F. Paul Maloof's answer
I do not handle medical collection cases so I regret that I cannot answer your question.

Q: I've had a judgement on me revived and now it appears they want to take garnishments. What can I do to stop this, pay?

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Answered on Nov 7, 2018
Timothy Denison's answer
Depending on your divorce settlement agreement, you may get some relief in the divorce court. Depending on your financial situation, you might be able to negotiate a settlement of the amount. Also depending on your financial situation, you might be eligible to file bankruptcy and discharge the debt completely. Talk to a competent bankruptcy attorney asap and see what is your best option.

Q: What are my rights with municipal red light fine debt harassmen

1 Answer | Asked in Consumer Law, Traffic Tickets and Collections for Illinois on
Answered on Nov 5, 2018
Juan Ooink's answer
Law Firm after you? I think you mean the matter has been sent to collections, which means you likely missed your opportunity to dispute the ticket. I suggest contacting the Law Firm and seeing what can be done.

Q: I live in Tennessee. My civil docket from 2014 is marked Closed. What exactly does that mean.

1 Answer | Asked in Collections for Tennessee on
Answered on Nov 1, 2018
Anthony Marvin Avery's answer
You will need to hire a competent attorney to examine the Court Records and inquire of the Garnishment Clerks. Sometimes not all Court Costs are added up until a Levy goes out.

Q: I am a senior 68 years old. I need to sell a rental house.

1 Answer | Asked in Collections for Tennessee on
Answered on Nov 1, 2018
Leonard Robert Grefseng's answer
There is no easy answer. Have you considered bankruptcy? Consult a bankruptcy attorney before making any final decision. If you already have a interested and able purchaser, you might approach the Bank about foreclosing on the house: the bank really doesn't want to own the house, and having a truly interest purchaser attend the sale assures the Bank ( and you) that the sale will bring true fair market value, and so the Bank will get paid the actual value of the collateral , the foreclosure will...

Q: A joint bank account associated with my SSN has been frozen due to an attempt to collect a debt. All of the monies in

2 Answers | Asked in Collections for Michigan on
Answered on Oct 30, 2018
Thomas. R. Morris' answer
Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.

Q: Is there a statute of limitations for a private christian elementary school to collect on past tuition owed?

1 Answer | Asked in Collections and Contracts for California on
Answered on Oct 29, 2018
N. Munro Merrick's answer
Yes. Assuming you have a written invoice and that it was due in 30 days from receipt. it is classified as a written contract. You must have filed a court action within 4 years from the date the tuition was sue. When in doubt, give a few days extra. If a payment for less than the amount due was made or is made in the future, there would be a new 4-year time period dating from the date payment was paid and confirmed by your bank.

Q: Being sued by portfolio Recovery Associates for a bad debt. Not working, can't afford lawyer what now?

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
Do you agree on the amount? Contact legal services. But don't let it go to default otherwise other charges may be added.

As to the debt, can Portfolio Recover show that they were "assigned" the debt? Anyone can say they were--can they prove it?

Q: Filing a claim against a co-signer who ran away without my knowledge. Not living in the same place.

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Oregon on
Answered on Oct 26, 2018
Gregory L Abbott's answer
The burden of proof will be on you to show that she owes you the money but yes, either small claims or regular court are you options. If you start in small claims court, she will then have the choice to remove it to regular circuit court or to let it stay in small claims court. If you start in circuit court, it stays there - she has no choice. The real question is whether you can collect from her even if you win in court and get a Judgment against her. If you think yes, then it may be worth...

Q: Do I have to appear at a credit card deposition?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Oct 26, 2018
Cary B. Hall's answer
Pretty impossible to answer your question without more context about your situation. I'll presume, however, that you've been sued by a credit card company for a bad debt, and the credit card company has scheduled your deposition in a civil case against you.

No, you don't have to appear -- but if you don't, there will be consequences you might want to avoid. If you don't appear, the attorney for the credit card company can file a motion with the court asking the court to order your...

Q: How do I respond to Subrogation letter regarding auto/tractor accident in no-fault state?

2 Answers | Asked in Car Accidents and Collections for Michigan on
Answered on Oct 26, 2018
Trent Harris' answer
You should find a local attorney specializing in no-fault insurance claims and speak to them.

Q: I am in Tennessee. What fees can a collection firm collect?

1 Answer | Asked in Collections for Tennessee on
Answered on Oct 23, 2018
Anthony Marvin Avery's answer
They probably are relying upon the Divorce Statutes for additional Fees. Since there was no Contract, Note, etc., there is no contractual obligation. You need your Divorce Attorney to represent you in Court, and be ready to pay that day.

Q: Am I responsible for >$15,000 vet bill when my dog bit another dog?

1 Answer | Asked in Animal / Dog Law and Collections for California on
Answered on Oct 19, 2018
William John Light's answer
Your are liable if you were negligent in failing to control your dog. You don't describe how the attack happened, which dog was the aggressor, etc., but it sounds like it was your dog, which will probably make you at fault. You can be sued for the >$15k, but that would require an attorney who would either take a contingency fee percentage, or charge by the hour, resulting in a far lesser sum in the owner's pocket. The owner could also sue you in Small Claim for up to $10k. Attorneys are not...

Q: Once my debts are settled, what can I do if collectors don't stop contacting me immediately?

2 Answers | Asked in Collections for New York on
Answered on Oct 19, 2018
Michael David Siegel's answer
What do you mean "settled". It must not be settled if people are calling. If you entered a debt settlement program, many of these are frauds, and it is possible that they have taken your money and not paid creditors.

Q: How many times a day are debt collectors legally allowed to call my home?

2 Answers | Asked in Collections for Michigan on
Answered on Oct 18, 2018
Trent Harris' answer
There is no fixed limit, but a debt collector is not permitted to call you so often that it constitutes harassment. For more information, see here:

https://www.consumerfinance.gov/ask-cfpb/is-there-a-limit-to-how-many-times-a-debt-collector-can-call-me-en-1397/

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific circumstances, before choosing to rely on information you get from internet discussion boards such as this one.

Q: I was served a summons for a credit card bill. It says if I dont reply a default judgement will be made. What's that?

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Answered on Oct 17, 2018
Timur Akpinar's answer
I do not practice in South Carolina, but your question hasn’t been picked up in two weeks. And the response time for a summons is relatively short in any state throughout the nation. A default judgment is a binding judgment against a party in a legal action resulting from the person failing to do something, such as failing to respond to a request or failing to appear in court, etc. You don’t want that to happen. A South Carolina attorney who deals with collections lawsuits would be able to...

Q: I received a personal loan with no written contract other than. .pay me when you can" I've been making monthly payments

1 Answer | Asked in Collections for Pennsylvania on
Answered on Oct 16, 2018
Cary B. Hall's answer
Yes, a case that you owe her money, but not really that you're overdue on payments. Still, I can see a magisterial district judge asking about what the verbal arrangement was, and entering a judgment anyway on the full amount due. The lower court won't craft a new contract for you with distinct payment terms, unfortunately for you; it'll just enter a judgment in a numerical amount. Best advice is to try to work it out with her, and get *those* terms in writing.

Best of luck to you.

Q: debt collection cases

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again as soon as the collector can get the court’s permission.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.