Collections Questions & Answers

Q: Can a garnishment get more money than what was on the judgement? Like interest?

1 Answer | Asked in Collections for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
Money Judgments usually carry interest, Court Costs and fees due the Serving Officer. It can be very difficult to determine the exact amount owed at any certain time. Usually you can compute it for the end of a month, but neither the Courts nor the Judgment Creditor are bound by your computations. I would compute it myself based on the exact language in the Judgment through the end of a month, then call the Court Clerk and ask if that amount will satisfy the Judgment in full. If you...

Q: I have been sued by Cavalry Portfolio in Arizona but not yet been served. How should I proceed?

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Arizona on
Answered on Jan 7, 2019
Timothy Denison's answer
You should consult an attorney regarding this debt. Nothing can happen unless you are served so time is on your side. Your attorney can then determine potential defenses or potential offensive maneuvers to try.

Q: What legal grounds do i have dealing with car repossession.I feel i have been violated under Louisiana law.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Louisiana on
Answered on Jan 7, 2019
Timothy Denison's answer
You need to hire a local attorney familiar with collections. He can guide you through what you need to do. This is not a bankruptcy question.

Q: Can i be owed money if i was born in 1992 i heard

1 Answer | Asked in Products Liability, Civil Rights and Collections for Texas on
Answered on Jan 3, 2019
Timur Akpinar's answer
Try reposting your question. It looks like the second part of it was cut off.

Tim Akpinar

Q: I keep receiving phone calls from Synergetic communication Inc. about a debt to AIU that I never attended. Help!

1 Answer | Asked in Collections for Georgia on
Answered on Jan 3, 2019
Timur Akpinar's answer
Based on these facts alone, an attorney could have questions as to what that electronic signature was for. A place to start might be to check with collection defense attorneys in your state to see if they would provide a free, or at least a short consultation to review the agreement involving the electronic signature to determine what the best response would be.

Tim Akpinar

Q: student loan forgiveness

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
Call the US Department of Education

Q: about a stock purchased

1 Answer | Asked in Consumer Law, Banking, Collections and Stockbroker Fraud for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.

Q: regarding student loan

1 Answer | Asked in Consumer Law and Collections for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.

Q: What are my options? How can I pursue contempt of court for non payment of child support?

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Answered on Jan 2, 2019
F. Paul Maloof's answer
I do not handle child support matters, such as yours. Sorry.

Q: If I have already made payment arrangements with portfolio recovery, Do I still have to attend a conciliation meeting?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
You should contact the court to inquire. It could very well be that Portfolio Recovery has already informed the court of the agreement, but maybe not. You can also ask Portfolio Recovery to cancel the court proceedings -- something things slip through the cracks. But short of the court telling you that the conciliation is canceled, you should definitely attend. In fact, if you attend and Portfolio Recovery doesn't, they'll likely dismiss the suit against you outright.

Best of luck...

Q: What if I paid and went to court last year but they just brought up another case saying I owe them again?

1 Answer | Asked in Collections for Tennessee on
Answered on Dec 28, 2018
Anthony Marvin Avery's answer
It is possible that you owe multiple Debts. Or it may be the same Debt being sold to other Collection Agencies. Hire a competent attorney to force them to prove their Account Cause of Action in Court.

Q: Small claims matter of $5000 owed by multiple people.Have texts showing they agreed to pay me back.Worth going to court?

1 Answer | Asked in Business Law, Contracts, Collections and Small Claims for New Jersey on
Answered on Dec 26, 2018
Leonard R. Boyer's answer
You should go to Court, but an attorney is not going to be willing to handle your cases, since it would not be cost effective. If you are really in such bad financial shape, why would you ever loan money to anyone?

Q: Can a judgement for a funeral bill attach a lien to your property if it is a low income unit?

1 Answer | Asked in Bankruptcy and Collections for New Jersey on
Answered on Dec 23, 2018
Leonard R. Boyer's answer
Yes, it certain can, after the creditor gets a Judgment against you. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Answered on Dec 22, 2018
Daniel DiCicco's answer
If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment than to just pay it. You could try to do it pro se. You'd have to have a fairly compelling reason to set aside the default judgment.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

Q: Will I be arrested at the airport if I fly into the country from abroad and I have a bench warrant against me?

1 Answer | Asked in Collections for California on
Answered on Dec 16, 2018
Stuart Gregory Steingraber's answer
Probably not. Bench warrants for failure to appear in civil matters are low on the Sheriff's priority list. Bench warrants for criminal matters are higher on the list. You don't say why you have a bench warrant outstanding so more information is needed to give you useful advice.

Q: Hospital #1 files bankruptcy. Hospital #2 buys them. Old collections hired by hospital #1 contacts me about old bills.

1 Answer | Asked in Bankruptcy, Collections and Health Care Law on
Answered on Dec 14, 2018
Timothy Denison's answer
Make them provide you with any documents you signed which indicate your indebtedness. Most go away after that request.

Q: Can a debt collector call my work and talk to HR?

1 Answer | Asked in Collections for New York on
Answered on Dec 14, 2018
Stuart Gregory Steingraber's answer
Generally, debt collectors are bound by the provisions of federal law, including the Fair Debt Collection Practices Act. If they do not have your home/cell number, it is allowed for them to contact YOU at work. Talking with HR about your indebtedness is not allowed. If they contact HR it can only be for them to transfer the call to you. Some nosy HR folks may ask who is calling? or what is this about? Then, the caller cannot disclose the nature of the call but can only ask to put their...

Q: Is there a limit as to how high an interest fee can be for a medical debt?

1 Answer | Asked in Collections for Texas on
Answered on Dec 14, 2018
Stuart Gregory Steingraber's answer
The amount of interest a service provider can charge is usually based on state law. Interest on loans may be lower than interest on services or goods sold. Check with a lawyer in your area. Some offer free consultations. Take them up on it.

Q: Can I get someone to collect on a loan if it was just a verbal agreement?

2 Answers | Asked in Collections for Michigan on
Answered on Dec 14, 2018
Thomas. R. Morris' answer
A loan generally does not need to be in writing to be enforceable under Michigan law.

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