Collections Questions & Answers

Q: I've found out I'm being sued by Capital one bank.. The pretrial conference is 2 weeks away but i haven't been served

1 Answer | Asked in Collections for Missouri on
Answered on May 27, 2018
Ronald J. Eisenberg's answer
It would be irresponsible for someone on Justia to tell you what you should do, because we don’t know all of the facts and an attorney shouldn’t advise a non-client. Here are factors you may consider in deciding what to do.

1. How much money is at stake and does it make financial sense to hire an attorney?

2. Whether to show up at court without having been served. On one hand, if you don’t get served, then a default shouldn’t be entered. The plaintiff will then...
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Q: In Georgia, is a medical debt that is four years or older still collectible? What's the Statute of Limitations?

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Health Care Law for Georgia on
Answered on May 27, 2018
Timothy Denison's answer
Yes. SoL should be 15 yeas.
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Q: I heard that Florida has additional laws to protect consumers against unscrupulous collections agencies that the federal

1 Answer | Asked in Collections for Florida on
Answered on May 27, 2018
Barry W. Kaufman's answer
None, really. All Florida statutes are available online at flsenate.gov
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Q: Collections agency claiming that I owed from a surgery, we paid the full medical bill at the time. What do I do?

1 Answer | Asked in Collections and Consumer Law for California on
Answered on May 24, 2018
William John Light's answer
Tell them you dispute the debt and provide them with proof of payment. Tell them if they contact you again, you will seek all available remedies under both the State and Federal Fair Debt Collection Practices Acts.
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Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

2 Answers | Asked in Business Law, Civil Litigation, Collections and Contracts for Virginia on
Answered on May 24, 2018
F. Paul Maloof's answer
The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.
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Q: out of work, am I eligible to file for chapter 13? I was told No is that correct? Ive been sick but can work

2 Answers | Asked in Bankruptcy, Foreclosure and Collections for Pennsylvania on
Answered on May 23, 2018
Stuart Nachbar's answer
To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.
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Q: I got a summons for small claims court. The paper didnt come to my address it went to my moms.

1 Answer | Asked in Collections for Oregon on
Answered on May 22, 2018
Gregory L Abbott's answer
There does not seem to be a question here but if you do not file an appearance with the small claims court within the specified 14 days, you will be subject to having a Judgment entered against you for the full amount being sought. If you think you may have a viable defense, you may wish to review everything with an attorney before filing that appearance but you would need to do so before that 14 day period is up to protect yourself. The attorney could not represent you in small claims court...
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Q: Got subpoena @6am from Gault Financial llc. i've no idea what this is for, process server gave me sheet w/court date

1 Answer | Asked in Consumer Law, Appeals / Appellate Law, Collections and Identity Theft for Tennessee on
Answered on May 22, 2018
Leonard Robert Grefseng's answer
A subpoena is a court order requiring you to appear in court. The "issue" date is simply the day the subpoena was sent out by the court clerk. Somewhere on the document it tells you when and where to appear and perhaps what, if anything , you need to bring with you. Keep calling the attorney - he will know why you are being requested to come to court.
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Q: Over 10,000 dollars worth of precious metals and I plan on going back to the United States. I'm the military overseas.

1 Answer | Asked in Collections, Gov & Administrative Law and International Law on
Answered on May 19, 2018
Richard Sternberg's answer
It probably doesn’t require a report unless it is cash equivalent, including bullion. But, all you need to do as far as CBP cares is declare it. There is no duty, so why wouldn’t you declare it anyway to avoid confusion. If you transport more than $10,000, at once or in a pattern of shipments, without declaring it, it is subject to seizure and you can be charged with a Federal crime. If you are importing certain non-monetary items, like gifts and jewelry, they may be subject to normal...
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Q: What is the VA statute of limitations on the collection of medical debts?

1 Answer | Asked in Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
The statute of limitations for medical debt is 5 years. A derogatory remark can stay on your credit report for 7 years. You can dispute the debt with the three credit reporting agencies directly. Start with annualcreditreport.com

https://www.annualcreditreport.com/index.action
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Q: Can your check get garnished before the court date?

1 Answer | Asked in Bankruptcy and Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
The date on the garnishment summons is the "return date," which is the date that the creditor goes to court to collect the garnishment checks. Your pay will be garnished, typically 25% of your take home pay, until that date. In order to garnish you, there has to be a judgment somewhere. Once a judgment has been entered, and the appeal period has run, it's almost impossible to do anything about it unless there was bad service of process. Bankruptcy may be an option for you.
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Q: My HOA put a padlock on my water supply for delinquent fees, we have since paid all of the outstanding balance but they

1 Answer | Asked in Criminal Law, Collections and Landlord - Tenant for Georgia on
Answered on May 16, 2018
David Edward Boyle's answer
If you remove the padlock by cutting it off you will have committed criminal trespass, in that you intentionally damaged property belonging to another in an amount less than $500, which is a misdemeanor offense.
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Q: Hello, Q.1. Under Michigan Law is there any statute of limitation's on Dept. of Treasury to enforce collection after 30

1 Answer | Asked in Criminal Law and Collections for Michigan on
Answered on May 16, 2018
Thomas. R. Morris' answer
This is from MCL 800.404: "The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care

of the prisoner during the entire period or periods the person is a prisoner in a state correctional facility. The

state may commence proceedings under this act until the prisoner has been finally discharged on the sentence

and is no longer under the jurisdiction of the department."
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Q: we just received notice from credit report about a maryland tax lien

1 Answer | Asked in Tax Law and Collections for Maryland on
Answered on May 14, 2018
Linda Simmons Campbell's answer
If Maryland (I am not licensed in Maryland) is like every other state I am familiar with then they are only required to send you a notice at your last know address. This means the last address known to them so either the address on your last return or on the change of address form if you filled one out. Try requesting a penalty abatement to lessen your penalties.
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Q: Is a promissory note considered under seal? What's the difference in Maryland between private contract vs. promissory?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Maryland on
Answered on May 13, 2018
Mark Oakley's answer
It’s only under seal if the word “seal” appears on the signature line. All that does is extend the statuteof limitations for suing in eventod a default from 3 years to 12 years. A promissory note is a contract. It’s a type of contract. It memorializes a monetary debt owed by the promissor to the lender. It is only signed by the person who owes the debt. Generally, it will include an acceleration clause that makes the entire balance due upon the default if any installment payment due...
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Q: Hello , I am being sued for a credit card I never opened , someone used my name to open a cc and left me with debt.

1 Answer | Asked in Consumer Law and Collections for Florida on
Answered on May 13, 2018
Alex McClure's answer
Whether you can successfully defend their claims is something no one can tell you without a thorough review of your case. Be prepared for them to request bank statements of yours going back years if you claim the account isnt yours.

Also, if the address on the account statements is an address you live at or lived at, you will face problems there, too. Best thing you can do if you cant hire an attorney is prepare your defense the best you can by reviewing carefully the evidence that...
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Q: Have Judgment issued against ex wife for stealing my furniture in Superior ct of AZ. Need a collection attorney. Claim

1 Answer | Asked in Child Custody, Child Support and Collections for Arizona on
Answered on May 12, 2018
Randi Sirlin's answer
You need to file a Motion to Modify Child Support. If there has been a 15% change in circumstances, you may file for what is called Motion to Modify Child Support, Simplified Procedure, so that you may not even have a court hearing.

If you need further assistance, you should call an experienced family law attorney.
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Q: I got notice in the mail that I am going to be garnished, I never got served papers but they claim I did, what can I do?

1 Answer | Asked in Consumer Law and Collections for Oregon on
Answered on May 10, 2018
Gregory L Abbott's answer
Likely not - if you have some adequate grounds to dispute the validity of the Writ or the amounts being garnished, then you have a time frame to oppose it in court. If you haven't filed within that time frame and the Judge believes you were not timely served with the Writ, he/she might extend your time frame to object to it. But I don't see what claims you might have otherwise. They simply give you another set of the paperwork and how are you damaged? Besides, I don't know what you mean...
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Q: We received a bad check. Can we reference filing criminal charges in the demand letter?

1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Answered on May 10, 2018
Cary B. Hall's answer
If you truly intend to turn the matter over to the police, then communicating that fact to the debtor shouldn't be a violation of the FDCPA. Telling her that she'll be imprisoned and her assets seized if she doesn't pay? *That* would be a violation.

Best of luck to you, and hope you get paid this time!
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Q: I received a letter (not certified) from a collections attorney. I've checked my credit report and what they say I owe

1 Answer | Asked in Collections for Tennessee on
Answered on May 9, 2018
Leonard Robert Grefseng's answer
If you don't think you owe it, tell the attorney y the debt is DISPUTED ( use that word) and demand he provide "verification" of the debt from the law firm. There is a Federal law called the "Fair Debt Collection Practices Act" which governs debt collectors. There are lots of good internet websites on debtors rights so you maybe so do some basic research on that law. It sounds like the action may be barred by the statute of limitations ( the time limits on suing). However, much more...
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