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2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2020

Of course you can be sued. The creditor will have to jump thru some hoops to get you served in Germany though. But regardless, once you are served, its just like you lived in the states. If the creditor obtained judgment, and wanted to enforce the judgment, it would have to go through a process to... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

Edit: Mark,... Read more »

Mark Bredow
Mark Bredow answered on Mar 29, 2020

No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »

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1 Answer | Asked in Contracts and Collections for New York on
Q: Can i sue my dentist for making my credit go down alot after me asking alot for them to pay my loan back

I nver got the work done and called them multiple time and they keep saying there going to and never do

Tim Akpinar
Tim Akpinar answered on Mar 27, 2020

It would be difficult for an attorney to answer without knowing the terms of your loan agreement, the underlying agreement for work to be performed, how it came to be that the work was never performed, communications between you and the dentist involving these things, and other factors. Good luck... Read more »

1 Answer | Asked in Collections and Traffic Tickets for Wisconsin on
Q: Can the state of Wisconsin Dept of Rev collect on a 8 year old traffic violation? I just received notice.

I was an out of state commercial driver.

Michael Hayes
Michael Hayes answered on Mar 24, 2020

Yes. In Wisconsin a judge can order indefinite income tax refund intercept if the ticket is not paid by the deadline set in court, usually within 60 days of judgment.

2 Answers | Asked in Collections for Florida on
Q: Do I have to return a Fact Information Sheet sent to me by a debt collector from a case entered in 2012?

On March 21, 2020, I received a letter from a debt collector saying the following:

"Pursuant to Florida Rule of Civil Procedure 1.977 and the Final Judgment entered on January 10, 2012, please return the completed Fact Information Sheet to our office within 30 days from the date of this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

Yes, you have to complete and return the fact information sheet. If you fail to do so they can seek an order holding you in contempt of court.

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1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring a... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 21, 2020

Hi here is some information for you.

Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,

You could use the District Court’s (Small Lawsuit) method. Idaho...
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1 Answer | Asked in Civil Litigation and Collections for Illinois on
Q: Received a summons. However, I'm unemployed and can't afford to pay debt and court fees. Do I have to appear in court?

A collection group had a officer come to my door and serve me a alias summons (did not sign for it though) for a charged off credit card debt. I've been out of work for a long time and have simply run out of money (getting help from family and friends). Since I can't afford to pay the debt, and... Read more »

Robert Shipley
Robert Shipley answered on Mar 16, 2020

You should not ignore the summons, because if you do not appear, a judgment can be entered against you. If you are unemployed you may qualify for free legal services. You should contact Legal Aid Chicago, (312) 341-1070 or Chicago Volunteer Legal Services, 312-332-1624. Both are located in downtown... Read more »

1 Answer | Asked in Collections for Pennsylvania on
Q: Can a collection agency try to get you for a repossession from over 10 years ago?

My roommate had her car repossessed back in 2006. She had just received a call the other Day from Global International Services saying they have been trying to get a hold of her for years but had her old address...saying she owes $7,000 for her car...otherwise they were going to garnish her... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 16, 2020

Probably not . . . unless Global actually has a judgment against her already. The statute of limitations for collecting on a civil judgment, however, is generally five (5) years, although the judgment can be "revived" for another five years if certain court procedures are undertaken by the... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection attorney...
Read more »

2 Answers | Asked in Divorce, Family Law, Collections and Domestic Violence for New York on
Q: if the supreme court has 60 days to answer all papers that were returned on 01/08/2020.what can I do to get a decision.

It's a violation on a order for in lieu of maintenance since 2012. the company that served him messed up and didn't file proof of service nor give me a copy to to do it til 3 mos later. H e and his lawyer showed up so obviously he was served, but it was not calendared, and became paper only. I was... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Mar 13, 2020

Write to the Administrative Law Judge

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1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Can my car be legally repossessed if it was being paid in bankruptcy?

I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?

Timothy Denison
Timothy Denison answered on Mar 10, 2020

If the bankruptcy was dismissed, they can repossess the car.

1 Answer | Asked in Employment Law, Collections and Employment Discrimination for California on
Q: Can I get sued for $1200

I worked for a company doing landscaping and now my ex employer is threatening me with filing a claim he led me on believing I was going to be paid and ended up telling me he’s not going to what can I do in this situation? Should I be worried? Thanks in advance

Neil Pedersen
Neil Pedersen answered on Mar 9, 2020

It is a common tactic for an employer to attempt to scare the employee from making a legitimate claim for wages owed or other money by threatening to sue the employee. Now if you borrowed money from the employer, or maliciously caused damages to employer property, there might be a legitimate... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Illinois on
Q: Memorandum of Judgement?

I have a judgement against me in a civil suit for credit card debt. They just filed for a Memorandum of Judgement. What does this do for the case going forward?

Timothy Denison
Timothy Denison answered on Mar 9, 2020

They’re asking to court to grant the judgment because there are no material facts in dispute.

2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I have 14... Read more »

Adam Alexander
Adam Alexander answered on Mar 9, 2020

If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

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3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Timothy Denison
Timothy Denison answered on Mar 9, 2020

You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to... Read more »

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1 Answer | Asked in Collections and Health Care Law for North Carolina on
Q: Can a Hospital give (sell) my debt to the Bank they have been sending my payments? Thank you.

They did this; if I want to continue paying the Hospital I have to pay twice as much more to cancel the debt by the end of this year. I am going to be 65 y/o in March. I have never missed a payment! Please advice! Thank you!

Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

Unfortunately, such practices are not that uncommon in terms of selling debts to new entities. You say you are 65. If, as a retiree, you meet their financial guidelines, contact Legal Aid of North Carolina to ask them if they could help you. Good luck

Tim Akpinar

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Elder Law for Ohio on
Q: Mom has Alzheimer's. I had to become authorized user on her credit card to access her account. I pay it each month.

The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Probably, yes.

1 Answer | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan 10,... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 5, 2020

Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »

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