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Collections Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Collections and Lemon Law for Massachusetts on
Q: If I have a duplicate title to my vehicle and the spot for lien holder is empty could there still be a lien on my car?

The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle?

Christopher Tolley
Christopher Tolley answered on Jan 28, 2022

If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »

1 Answer | Asked in Collections for New Jersey on
Q: Have a collection company harassing in ga.. Sterling associates saying I had a balance of open loan 7 years ago .

They sad I do t pay will issue a warrant for my arrest very threating what should I do

Morris Leo Greb
Morris Leo Greb answered on Jan 25, 2022

Any collection action letter from an adjustment bureau or credit collection agency must conform to the Fair Debt Collection Act. There may be sanctions imposed on the agency for noncompliance. You seek the advice of an attorney who has experience with debtors' rights.

1 Answer | Asked in Bankruptcy and Collections for Arizona on
Q: Does a judge have the authority to stop a wage garnishment at a request for hearing or only reduce it to 15%

I am claiming extreme financial hardship and have a date set for the hearing.

Timothy Denison
Timothy Denison answered on Jan 25, 2022

Yes.

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... Read more »

1 Answer | Asked in Collections for West Virginia on
Q: I think the hospital that turned my debt over to collection agency broke hippaa law and I just want to know what to

I live in West Virginia but the hospital is in Maryland

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A West Virginia attorney could advise best, but your question remains open for a week. An attorney who reviewed the file and the conduct of the collection company could determine whether there was a HIPAA violation. But it's worth noting that thousands of hospital and medical office patient... Read more »

1 Answer | Asked in Banking, Civil Litigation and Collections for New Jersey on
Q: Can a court levy my bank account without notification of any court case against me?

I currently live in FL. Previously lived in NJ. Noticed today that checking and savings accounts were levied. When I spoke to my bank, they said the superior court of NJ authorized this. I never received any notification of a pending court case against me. The address on my license and with the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2022

Significiantly more information is required for a meaningful answer.

1 Answer | Asked in Collections and Small Claims for California on
Q: Is a golfer required to pay property damage (i.e. broken window) while playing a normal game of golf?

Incident happened while using the driver at a tee box that was very close to a townhouse on the course.

Leon Bayer
Leon Bayer answered on Jan 18, 2022

Yes, you are responsible. The window was not broken until you hit a ball and it struck the window, breaking it. Why would you think that you don't need to pay for it?

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
Read more »

1 Answer | Asked in Collections for Michigan on
Q: Is it legal to collect Michigan police license plates for a collection

I am a collector of police memorabilia I collect badges license plates patches anything that has to do with police there are a lot of collectors out there and that's what we pretty much do and then we sell or we trade etc

Brent T. Geers
Brent T. Geers answered on Jan 18, 2022

Legal? Probably no different than collecting any one else's license plate. What purpose would it serve though?

1 Answer | Asked in Collections and International Law on
Q: If I live in Australia and a US citizen owes me money, how would I proceed with getting legal help in getting it back?
David Luther Woodward
David Luther Woodward answered on Jan 14, 2022

How do you propose to proceed.

Where was the debt creadted: Australia or the US.

Has your debtor been Australia when this debt was created.

You need a lawyer, either in Australia or here (or both).

What was your alternative, hire a hitman?

d

good luck

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Collections for California on
Q: How do I dispute a collection that was resold to another agency after I already disputed it and it was deleted?

It reappeared on my credit report months later. Do I have to keep disputing every time?

Yelena Gurevich
Yelena Gurevich answered on Jan 12, 2022

Yes, you need to dispute it again. You also may want to contact a consumer protection attorney and have a more in depth consultation regarding your situation.

1 Answer | Asked in Collections for North Carolina on
Q: Does waiting for surgery in a nursing home constitute normal place of residence

A person has been waiting for surgery for nine months. For one month he was unaware that his fractured hip surgery had become undone. He saw a trauma surgeon at a tertiary and he was advised of this separation and was referred to adult reconstructive surgery, he has to wait three months to see a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 11, 2022

Rule 4j requires the summons and complaint be served either directly to the person or left with somone of suitable age and discretion at his "dwelling place or usual place of abode". Due to the person's length of time staying at the nursing facility, I think this would be proper... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for California on
Q: Can I hire an attorney for limited services?

I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?

Joel Gary Selik
Joel Gary Selik answered on Jan 11, 2022

Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
Read more »

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »

1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: My former boss loaned me 1500 and I haven't been able to pay it back. He's taking me to court. What should I expect?
Brent T. Geers
Brent T. Geers answered on Jan 6, 2022

Assuming it's small court...no attorneys are allowed. You'll have a hearing - maybe with a judge / probably a magistrate or referee, depending on how that particular court is structured. From there, it will look a lot like what you may see on those judge TV shows (without the drama and... Read more »

1 Answer | Asked in Collections for Louisiana on
Q: Hello, I've had a Lien on my property from a POT OF GOLD company that my contractor hired while building my house. I did

not know about the lien but since the contractor did not pay the company they issued a lien. It's been 10 yrs can I have the lien removed?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 4, 2022

if you have a copy of the lien, then you should contact a construction lawyer or perhaps a collections or real estate lawyer and find out how long that lien is valid. Once you are aware of that, then you can decide how to proceed.

1 Answer | Asked in Collections for Tennessee on
Q: How do I register a Missouri foreign judgement in Tennessee's Knox County Circuit Court?

I have a certified copy of the Missouri judgment. What form do I fill and where do I submit it? Circuit Court personnel will not provide this information, only how much it costs to register the judgement.

Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2021

Hire a competent TN attorney to Register the Foreign Judgment, as well as looking into the Judgment Debtor. Collections can be a difficult process at best, and impossible in many circumstances. Just localizing the Judgment does not collect a cent.

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