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Collections Questions & Answers

1 Answer | Asked in Civil Litigation, Collections, Securities Law and White Collar Crime for Florida on

Q: I own a small marketing business and I have a former client who won't pay his invoices.

I discontinued work with this particular client because I discovered he was committing what I was quiet certain was investor fraud and did not want this to affect my or my companies reputation. I later discovered that he left the state of Connecticut because he had been summoned and fined for the... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Unless you sue the deadbeat client and receive a Judgment, collecting all the money they owe you is nearly impossible--especially without competent counsel to help you. Look for a good lawyer using the Find a Lawyer tab at the top of every page.

1 Answer | Asked in Collections and Small Claims for California on

Q: If a $50,000 bond is disbursed thru numerous claimants in a case?

how is the money split or disbursed if all claimants have different amounts of loss that they have claimed? is it just split evenly or go off a percentage system??

Vernon Charles Tucker answered on Jul 17, 2019

Hello,

Typically it will be distributed on a pro-rata basis. This means that each respective claimant will receive a portion in relation to the amount of their claim. Hope this helps!

Respectfully,

Vernon C. Tucker, Esq.

Member California Bar

1 Answer | Asked in Collections for Pennsylvania on

Q: My wife has a capital one card that is going to be charged off. She is afraid they may sue.

She still works. I’m retired. We have a joint bank account. With no wage garnishment here and spousal bank accounts are safe. Would they take her 2016 Ford Explorer that still has a loan of 16000 on it.

Cary B. Hall answered on Jul 14, 2019

Very doubtful. They may sue, and perhaps get a judgment against her, but then they'll try to attach bank accounts in a scattershot manner by sending writs of execution out to the largest banks in your area (hoping that yours is one of them). Even though your joint bank account is untouchable,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Collections and Federal Crimes for Texas on

Q: Can my wife have a warrant for her arrest for not paying the rest of the bond that she cosigned on?

Even though I had gotten arrested after that and signed for my punishment for that same charge she bonded me out on?

Roy Lee Warren answered on Jul 13, 2019

No arrest would issue because it would be a civil suit to collect on the bond. Also if you ahev already pled to the case the reason for the bond has dissipated.

1 Answer | Asked in Collections and Consumer Law for Nebraska on

Q: A hospital did a procedure on me which was subsequently denied by my insurance. Now they are suing me to collect

I'm refusing to pay the bill because the hospital did nothing to help me appeal the case to my insurance company. The original amount was $7k which they reduced to $3k. Is the case worth fighting?

Timur Akpinar answered on Jul 12, 2019

It could depend on the basis of the denial, provisions of your plan, and other factors. One option here could be to have an attorney who handles medical claims disputes review the file. They should be able to determine the viability and cost-effectiveness of defending the matter, since the second... Read more »

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Collections for Florida on

Q: I have a garnishment on my checking account and account is now froze. I get social security of 834. And have a new job

I have no money for food or gas and with frozen account I will lose my home and car . I never about this till I got letter in mail from my bank and portfolio recovery associates.

Gary Kollin answered on Jul 11, 2019

Social security is exempt from garnishment. You should have filed a challenge. You still can.

I know thta will apply prospectively, I do not know if it can act retrospecfully and you can get any monies already garnished back

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2 Answers | Asked in Consumer Law and Collections for Alabama on

Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt

Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?

Mr. James Parrish Coleman answered on Jul 11, 2019

A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts... Read more »

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1 Answer | Asked in Consumer Law and Collections for Tennessee on

Q: What is the statute of limitations on bank account debt?

Anthony M. Avery answered on Jul 10, 2019

Generally it is 6 years from the last payment or the maturity date, whichever is earlier. There are variables, usually contained in the Note itself or a Modification.

1 Answer | Asked in Consumer Law, Employment Law, Contracts and Collections for Alabama on

Q: My wages are being garnished by employment for old credit card debt. If I quit my job and work as a 1099 what can happen

This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... Read more »

Bruce Alexander Minnick answered on Jul 10, 2019

Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.

1 Answer | Asked in Consumer Law and Collections for Virginia on

Q: Going back to April 2009 a judgement was put against me for a credit card in General District Court. Had some problems.

Received a garnishment summons today through my employer for a court date in October 2019 in Circuit Court. What are my rights in regards to Statatue of Limitations in the State of Virginia? Do I just show up for the court date and explain to the Judge this is time barred and the case should be... Read more »

Robert R Weed answered on Jul 9, 2019

It's not time barred. Once they have a judgment against you they can garnish for ten years; AND they can extend it for another ten.

If you have a judgment you need to either pay, or file bankruptcy. Only very rarely do they just go away.

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on

Q: Can a vendor keep my deposit?

I paid a singer for an event a deposit, the amount was half the cost of his services. There was no form of contract or agreement created detailing services or if the deposit was non-refundable. About a week after he was paid, and over a month before the event, I decided I no longer needed his... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

This sad incident should convince you--and perhaps teach others who learn about it--to ALWAYS get personal service contracts like this in writing, spelling out all the details. The singer is used to--and happy--to sign contracts; but the singer is probably much happier when folks like you give him... Read more »

1 Answer | Asked in Consumer Law, Banking, Business Law and Collections for New Jersey on

Q: Ate payday loans illegal in NJ?

I heard that payday loans are illegal in NJ. I took 600 put and paid four payments of $206 . I also heard that since they are illegal I only have to pay the principal. Is this true,? The rest of my cc and such ate in good standing so I don't want to file for bankruptsy. What can they do to me,,?

Bruce Alexander Minnick answered on Jul 8, 2019

Think this all the way through: If the payday loan creditor operates its business anywhere in the state of New Jersey there is a really strong possibility that payday loans are NOT illegal in New Jersey. What can they do if you do not repay? They can sue you.

1 Answer | Asked in Collections, Consumer Law and Contracts for Virginia on

Q: I hired a property manager for my unit in Puerto Rico. She collected the taxes for the Tourism company and was supposed

to file them for me. They say they have not received the forms or taxes. I live in the US mainland, Virginia. Is there a way I can get the records she says she filed or the money I paid her back? Thank you.

Bruce Alexander Minnick answered on Jul 2, 2019

If you and the property manager have a written contract you should look to it first, before doing anything. If you do not have a written contract you might be out of luck. But in either event you can always hire a lawyer licensed to practice in Puerto Rico to help you get the missing money back.

1 Answer | Asked in Consumer Law, Contracts and Collections for New York on

Q: I want to object as a plantiff , defense has filed a motion to compel and bring the case to federal court for subject ma

Subject matter jurisdiction. I have personal jurisduction in state supreme court. What is the name of the document to file to object to motion to compel change of venue.

Bruce Alexander Minnick answered on Jul 1, 2019

If the state court case meets all the requirements for being brought in a federal district court, the defendant(s) can remove it to the proper federal district court having jurisdiction. You as plaintiff can object to removal--which may be granted--because the federal court does not have to take... Read more »

1 Answer | Asked in Collections for Florida on

Q: I loaned my girl friend $10,000.00 to straighten out her personal affairs will I be able to get my money back?

I, gave her one whole year before she had to start paying me back. she is not calling me back telling our mutual friends she not able to pay me back

Bruce Alexander Minnick answered on Jul 1, 2019

No one on earth could possibly know or tell you whether you "will get your money back" from YOUR girlfriend. If you still care about her, tell your "mutual friends" that you will accept some reasonable monthly repayment schedule; and then if she agrees, get it reduced to writing.

1 Answer | Asked in Collections and Education Law on

Q: Am I liable for university tuition if I accepted a full scholarship but was forced to withdraw for medical reasons?

I earned and accepted a full scholarship for a graduate program. I sought this scholarship because as a new undergrad, I did not have the money to pay for tuition, fees, and books. Unfortunately, I had to withdraw due to medical illness. The university rescinded the scholarship and is now... Read more »

Bruce Alexander Minnick answered on Jul 1, 2019

It is very doubtful that any reputable university in America would try to sue to recover tuition that would have been paid by the university to itself had you been able to stay in school. Most reputable universities will allow students to withdraw without financial penalty for many good reasons,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Mexico on

Q: I'm being sued by a collections for student loan debt from ITT Tech, over 10 years old. Do I have rights

I tried to get it dismissed because I never finished or obtained a degree and the ending result the loans racked up to around $89,000 theres no way I can afford to pay this back I have 3 kids now and I filed paperwork because I found it tech was still filing loans for me and collecting student aid... Read more »

David Humphreys answered on Jun 29, 2019

You need to know what type of loans were issued and whether they are federally guaranteed. Some student loans even survive bankruptcy.

Gather the original loan papers if you can locate them. Contact a student loan lawyer. A fdcpa attorney can advise you if the debt collector broke debt...
Read more »

1 Answer | Asked in Contracts and Collections for Florida on

Q: Can a stiffed worker re-bill the stiffer using another calculation, i.e. sq. ft. instead of hourly?

Stiffer ignores Stiffee’s bills for months. Stiffee gave huge deal /great service, wants to re-bill at market labor cost and then hire an attorney.

Timur Akpinar answered on Jun 29, 2019

One option here could be to arrange a brief consult with a Florida attorney first before doing anything involving reissuing bills under a different set of computations. It's all up to you, but a good Florida attorney could look at your overall situation in terms of the underlying... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for New Jersey on

Q: If a judge it's a court order the 2% of wages can be garnished how is it possible that the plaintiff attorney could then

Say screw you judge I'm going to take 100% of your wages by freezing the bank account isn't that contempt of court isn't that directly Define the judge how could it possibly be legal

Stuart Nachbar answered on Jun 28, 2019

The difference is a wage garnishment vs a levy. Wage garnishment is up to 10% of weekly pay. A levy is on an asset, including a bank account. It does not matter that it is wages, because unless it is social security, it is not exempt. Hope you see the difference

1 Answer | Asked in Criminal Law and Collections for Colorado on

Q: Can I be arrested for not paying restitution quickly?

I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?

Jonathan Greenlee answered on Jun 28, 2019

Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the... Read more »

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