Collections Questions & Answers

Q: I went through probate last year, and a creditor is asking for money from the deceased's estate

1 Answer | Asked in Consumer Law, Collections and Probate for Texas on
Answered on Oct 20, 2017

Your probate attorney should be the one to answer this question. Creditors claims must meet certain standards to be considered valid and just because someone says that person owes money doesn't make it true. Again, your attorney should be able to answer this question. Best wishes.
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Q: As cleaning contractors can we place a lien on real property for a debt owed to us?

1 Answer | Asked in Contracts, Collections and Real Estate Law for North Carolina on
Answered on Oct 19, 2017

I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.
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Q: Can a Hostal change how much you owe on a bill?

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for New York on
Answered on Oct 19, 2017

It depends on what your insurance covered and what really was charged. If insurance is not paying, appeal with the insurance company.
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Q: Is It against FL law to repo a car on private property, that has no trespassing signs, and also a GATED Apt Community?

1 Answer | Asked in Business Law, Civil Litigation, Collections and Consumer Law for Florida on
Answered on Oct 19, 2017

Typically the repo group just needs to not breach the peace or damage property. If you did not pay for the vehicle they have the right to take it back. From

What you say no laws broken here.
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Q: What is the proper way to attempt to settle a judgement with a debt collector?

3 Answers | Asked in Consumer Law and Collections for Florida on
Answered on Oct 18, 2017

There is no "proper way" to settle a judgment. You should negotiate with the debt collector. Tell them about the strong points of your position and the weak points of theirs. Then, make an offer. Let's see if they respond.
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Q: Served with civil summons, the amount they are demanding doesn't include payments already made. Respond how?

1 Answer | Asked in Collections for Florida on
Answered on Oct 17, 2017

If you are being sued for an amount that is in excess of what you owe, then you can sue for violations of state and federal fair debt collection practices.
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Q: I won judgement on a civil lawsuit what do I next

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Answered on Oct 16, 2017

Execution of judgment if the other party do not proffer an appeal!!
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Q: I am a defendant with trial set for next year. Do I have to answer the interrogatory sent to me for debt collection?

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for California on
Answered on Oct 15, 2017

Better wait for Directions so passed by the judge.
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Q: School loan debt being assisted by a company that specializes in removing the debt.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for California on
Answered on Oct 13, 2017

I am unfamiliar with companies that offer the service you are talking about. Regardless of the non reporting on the credit report - have you received confirmation that the student loan lender has received payment; do you know the status of the balance of the debt? You need to have more information about the status of the debt before making the decision to cancel the agreement. How long have you been making the payments? I really can't make a recommendation about this with the little...
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Q: It has been 12 years since a judgment suit was filed against me. Is there no limitation on time passed to collect?

1 Answer | Asked in Collections for Tennessee on
Answered on Oct 13, 2017

Under Tennessee law, a judgment is good for 10 years. However, there is also a process for "re-newing " the judgment for successive periods of another 10 years. You should check the paperwork on the judgment at the courthouse to see if the judgment was renewed.
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Q: Collections calling about a acct that I stopped paying in 2012 on my credit report it's showing closed last payment 2005

1 Answer | Asked in Collections for Florida on
Answered on Oct 11, 2017

If you stopped paying in 2012, the account may be past the Statute of Limitations for collections. In any event, if a debt collector is calling someone that is not on your account for collections, you and/or they may have a Fair Debt Collection Practices Act claim. The contact should be documented (ie, time and date and the person that was contacting them) and consult with an attorney as to what remedies you may have. Best of Luck! Jennifer
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Q: i received a civil summons in the mail monday then ttoday i got another one exactly the same as the first.

1 Answer | Asked in Civil Litigation, Collections, Municipal Law and Small Claims for Ohio on
Answered on Oct 10, 2017

You should consult an attorney. You should definitely not ignore. You may want to consult your divorce attorney. Your divorce decree may discuss who is responsible for the debt. The divorce decree will have no impact or effect upon the Plaintiff/ creditor, but if your wife was to be responsible for the debt, then you may be reimbursed by her.
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Q: my immigration lawyer wont give me my file until i pay him and its in collection since 2011 what can i do

1 Answer | Asked in Collections, Immigration Law and Consumer Law for Nevada on
Answered on Oct 10, 2017

You should contact the County Bar Association in your area. They have programs that can help settle disputes between attorneys. Each state has different requirements for attorneys so its important to know the rule the applies and then take action accordingly.
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Q: I have a default judgment entered against me in Michigan for the amount of $15,864.61. What is the interest rate?

2 Answers | Asked in Bankruptcy and Collections for Michigan on
Answered on Oct 10, 2017

See the following:

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html
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Q: My husband has about 25K in unsecured credit card debt he cannot pay. I understand that the credit card company may file

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Answered on Oct 10, 2017

Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy the judgment. Bank accounts and vehicles are possible to be seized and sold to satisfy the judgment.
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Q: A former employer has refused to pay the $2000 i am owed as well as several others for around six months what should i d

1 Answer | Asked in Employment Law, Business Law and Collections for Arkansas on
Answered on Oct 6, 2017

Your question is not clear : whether you owe or the employer owe 2000$ for over six months? Are you still his employee? Elaborate your question a bit more.
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Q: In Texas, are adult children or surviving spouses legally responsible for the medical bills of the deceased?

1 Answer | Asked in Collections and Probate for Texas on
Answered on Oct 6, 2017

This isn't an easy answer. If there were medicaid payments made, the State may have a claim to part of the estate; however, if both spouses were living in the home, medicaid cannot recover until after the 2nd spouse dies.

I suggest you contact a local probate attorney so that you can explain all the details and they can advise you correctly.
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Q: Can an unknown CC company collect on another cc debt after the 6 year statute of limitation expires

1 Answer | Asked in Collections for Tennessee on
Answered on Oct 6, 2017

There is only one statute of limitations on any particular debt, if the debt is time barred as to one, it is time barred as to all. The debt can be transferred or assigned from company to company, but again, there I sonly only statute of limitations, and that would likely start from the date of your last payment on the account. I strongly suggest your consult an experienced litigation attorney.
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Q: A debtor in Chapter 11 (a business) has sunk thousands of dollars of un-invoiced work into an insider's property. Legal?

1 Answer | Asked in Bankruptcy, Collections and White Collar Crime for California on
Answered on Oct 4, 2017

I think there is a good chance that it can be clawed back, if a trustee gets appointed. If it remains a debtor in possession, I would not expect the debtor to take action on this, unless forced to do so.
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Q: HOW DO I REBUTTAL RIDICULOUS INTEREST RATES ON A PAYDAY LOAN AND THREATS OF SUIT OR "FURTHER COLLECTION ACTIVITY"

1 Answer | Asked in Collections, Consumer Law and Contracts for Florida on
Answered on Oct 4, 2017

There is no way to rebut anything via this online free Q&A forum. You need to sit down with an attorney in your area and get advice regarding the whole situation. You may be stuck as you willingly made the loan which is very likely based upon a written contract. The Payday loan people do not have to vary from the loan paperwork and can demand full payment under the terms.
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