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2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
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1 Answer | Asked in Products Liability, Collections and Juvenile Law for Texas on
Q: Are recreational balisongs/butterfly knives legal?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

2 Answers | Asked in Collections for Florida on
Q: Scam email threats me over debt collection and go court and lose my job and try arrest me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 22, 2021

Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.

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1 Answer | Asked in Collections for Colorado on
Q: i live in denver colorado recently a towing co. backed up to my garage witch is attached to my house and towed it away

they repoed it. is it legal for them to tresspasse on my property and tow my car from in my garage

James F. Stanley
James F. Stanley answered on Feb 16, 2021

The first action you should take is call the police and explain in detail what happened, that is make a report. The police agency will decided if the action by the repo company was criminal

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: How is the time period for collecting on credit card debt calculated?

Is the time period for collecting on credit card debt calculated from the date of the last credit charge? Say a creditor is trying to collect on credit card debt that includes charges that are more than 6 years old (older than the statute of limitations) can they still collect on those charges or... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 14, 2021

The only thing that actually matters is whether or not you intend to pay the debt or file for bankruptcy to eliminate this and any other dischargeable debts that you may have. The relevant statute of limitations is six years.

2 Answers | Asked in Consumer Law and Collections for North Carolina on
Q: How can someone properly respond to a summons that is out of state?

My SO lives with me in North Carolina for almost two and a half years now. Her mother was served a summons & complaint at her home in New York regarding a debt collector attempting to get a judgement against her. A couple of questions:

1. Was she properly served?

2. The summons... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 12, 2021

1. Depends on more facts, but for a snap judgment I'll say probably not. However, burden is on you to establish that proper service hasn't been made. If you don't raise the issue properly with the court, the creditor will likely just proceed on and get what they want. This will... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: I sued by credit card company
Octavio Velarde
Octavio Velarde answered on Feb 11, 2021

You should file an Answer. Otherwise, they'll get a default against you. That should buy you time to figure out next steps, including filing for bankruptcy. Once you file for bankruptcy, you'll get an automatic stay on collection efforts. You can then get the case dismissed because... Read more »

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1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Can credit card companies use plaintiff's different names when suing for credit card debt?

My girlfriend divorced about 3 years ago. Recently, a bank brought two different suits against her for two different credit card debts from when she was married. In one case the bank used her maiden name which she now goes by. But in the second case the bank used her former married name which... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

An Oklahoma attorney could advise best, but your post remains open for two weeks. As a GENERAL matter, a claimant could use various forms of the defendant's name to cover all bases. This could also including using "A/K/A" in the caption. An Oklahoma attorney could offer the most... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 10, 2021

Yes it is automatic once judgment is entered

1 Answer | Asked in Collections for Alabama on
Q: Looking for a lawyer for a fraud dispute I filed with Al. Vantage/ the program

I filed a dispute for 7000$ with Al Vantage along with a police report and a warrant was issued on the person who fraudulently used my debit number. Most of which was used western union where identification had to b shown. Al Vantage claims they did investigation and determined no fraud.. I... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 10, 2021

You may have a claim under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act ( F.D.C.P.A.) You should gather up all of the documents, correspondence and any other evidence you have concerning this transaction. A lawyer will need to determine if there is enough evidence to... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for New Jersey on
Q: I have a judgement against me how can I vacate it?

I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... Read more »

Timothy Denison
Timothy Denison answered on Feb 10, 2021

Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.

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2 Answers | Asked in Collections for North Carolina on
Q: I'm in NC. DO I have to sign a Confession of Judgment agreement with a bill collector? I have the debt & have agreed to

Pay $77/month until the debt is paid. I don't want to sign this court document.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 9, 2021

If you want to keep that particular settlement agreement and they require it, yes, you have to sign it to keep the settlement agreement. If you refuse, they will proceed with the court process and obtain a judgment against you. A Confession of Judgment is a better alternative than a Consent... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Collections for Texas on
Q: In Texas, If my Dad and I have a Life Estate Deed together and he gets sued, can a lien be placed on the house?

Want to sell house later without any liens being placed ,he is currently living in house.

Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

If the house is homestead, the lien won't attach.

When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has...
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1 Answer | Asked in Collections for Missouri on
Q: Can I be sued from a law firm over a medical bill?

I am making payments to a collection agency for the same medical bill I am threatened to be sued for. Months before I received this letter from the law firm.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 6, 2021

I would think you can indeed be sued by the party to whom you owe money. If you had agreed to a payment plan and have been honoring it 100% then I’d find it odd that your medical provider would pay an attorney either hourly or on a contingency basis to sue you. Have an attorney familiar with... Read more »

2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: May I file a Foreign Judgement in DE Superior Court myself? Trying to collect $ from default creditor who's now in DE.

I've handled this on own in NJ Special Civil Part. Plan to file for Exemplified Copy of Judgement next. I want to file in DE without a lawyer if possible.

Morris Leo Greb
Morris Leo Greb answered on Feb 5, 2021

Yes. However, to be prudent, check DE Court Rules to make sure your filing satisfies DE requirements.

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1 Answer | Asked in Collections for Florida on
Q: My medical bill for $1100 was in collections who sold to a debt buyer for $500 and taken off my credit report, do I owe?

If it was sold to a debt buyer do I even need to pay the bill they sent me?

***EDIT TO QUESTION: I was told that medical bills aren't supposed to be put in collections in the first place, due to HIPAA regulations?

Thank you for your responses.

Barry W. Kaufman
Barry W. Kaufman answered on Feb 2, 2021

Yes. You owe $1100.00 to the debt buyer. The buyer bought your debt, and it now owns your bill. The amount it was bought for is immaterial.

1 Answer | Asked in Family Law and Collections for North Carolina on
Q: How to renew a money judgment for back alimony in North Carolina when the defendant (debtor) is out of the country?

$50,000 plus interest judgment hits 10 year mark in 11 months. Debtor lives out of the country. Can I renew without serving them?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 1, 2021

No, "renewing" a judgment involves filing a new lawsuit. An essential part of any lawsuit is that you have to serve the defendant - regardless of whether the defendant is in the country or not. There are ways to serve someone who isn't in the country, but they can be complicated... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Collections and Landlord - Tenant for Louisiana on
Q: Am I required to pay a termination of lease if someone else lives in the unit that I was supposed to be renting.

I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2021

Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.

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