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Collections Questions & Answers
1 Answer | Asked in Collections for Pennsylvania on
Q: Is it legal for an rental property to reject your rental application because you have debt in collections.
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 22, 2020

Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... Read more »

1 Answer | Asked in Collections for Missouri on
Q: Can an entity sue me for medical debt if I'm not the guarantor?

I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 20, 2020

The legal theory under which you could be held liable is the "doctrine of necessaries."

Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire....
Read more »

1 Answer | Asked in Collections for Ohio on
Q: My son had a medical bill go to collections. Then his insurance company paid claim in full after two appeals.

The billing company was aware of the appeals and my son was keeping them updated on the status. They still sent it to collections. Insurance has finally paid the claim in full so where does my son stand in this situation? Does he talk to the billing company? The collection agency? Both? Is he... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

Dear Mrs. Hibner,

An Ohio attorney could advise best, but your post remains open for two weeks. In most jurisdictions, the recommendation would more or less be standard... You could tell your son to ask the insurance company to provide him with proof of their payment of the claim - that...
Read more »

1 Answer | Asked in Collections for Missouri on
Q: What are my options for a hospital bill law suit
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 18, 2020

Your options are to pay the sum, not to pay it, to defense the lawsuit pro se, to hire an attorney to defend the lawsuit, to file bankruptcy, or to try to negotiate a settlement with the plaintiff, doing so either on your own or by hiring an attorney.

Which option makes most sense will...
Read more »

1 Answer | Asked in Collections for Connecticut on
Q: I am getting calls from a company that bought a 11 yr old car loan. trying to sue me for intent to fraud

I'm homeless and worried

Joseph B. LaRocco
Joseph B. LaRocco answered on Nov 18, 2020

This loan is likely barred by the statute of limitations for fraud which is three years. Also the statute of limitations in Connecticut for debt collection is 6 years. HOWEVER, DO NOT ACKNOWLEDGE TEH DEBT OR MAKE A PAYMENT ON THE DEBT, because that will start the statute of limitations all over... Read more »

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can a person sue me for non-payment after refusing to give me the bill?

After a break up I spent some time living with my Nana. Our agreement was I’d work in lieu of rent in her shop, but pay utilities in the house I occupied since it’s normally empty. The utilities were in her name. After events ranging from abusive, to manipulative, to straight out slanderous I... Read more »

Christopher Tolley
Christopher Tolley answered on Nov 18, 2020

You appear to understand and agree that you owe the bill for March. However, if you do not know the amount to pay, you cannot pay it. Your Nana would have to show you knew the amount you had to pay, that she asked you for the money, and you refused to pay.

1 Answer | Asked in Contracts, Personal Injury, Car Accidents and Collections for Texas on
Q: I'm not happy at all with the low settlement offer from attorney.options?

I was in an accident where they had it closed down to one lane of traffic and the concrete arm off of a Mack truck swing out in front of us and busted through the windshield it could have killed us if we had been going fast enough which I feel like is a major mess up on their end the guys already... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for a week. Your post raises many issues and could be too involved for a simple response such as "do this," or "do that." As a GENERAL matter, it is possible that what you describe could result in a lien on your... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Collections for Maryland on
Q: How can I get a lien removed against my home?

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 12, 2020

In that case, you will likely want to retain an attorney to reach out to the firm on your behalf to see what can be done.

Best,

-Leonard

1 Answer | Asked in Contracts and Collections for New York on
Q: I am owed $1782.00 from a gym. I have been told in writing multiple times I would receive the money. It’s been 3 weeks

I have all emails communicating with business owner.

Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

You can bring a small claims case. Cases are being accepted for filing, but no cases are being tried. COVID makes this much harder.

1 Answer | Asked in Collections for Florida on
Q: PLEASE EXPLAIN. A Plaintiff dissolution of continuing writ of garnishment?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 10, 2020

It means that the plaintiff dissolved, or terminated the continuing writ of garnishment. If your pay was being held, it won't be held anymore.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Small Claims for Alabama on
Q: How can I have a judgment against me when I’ve never been contacted about any debt?

I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 7, 2020

An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I have a judgement from Midland credit in Winston- Salem NC, for $5000 on a credit card I could not pay .

I have now a note left on my door saying I need to contact and arrange a Notice of Rights to Have Exemptions Designated given to me. I do not know if I can do anything at this point because I never showed up to court when I was served on this issue and they ruled in favor of midland credit, I went... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Nov 6, 2020

We dont have wage garnishment in NC and if you file a Motion To Claim Exempt Property within 20 days after you accept that service of the Notice of Right, your assets will likely be protected. Contact a qualified attorney in your area (a consumer bankruptcy attorney is most likely to be able to... Read more »

1 Answer | Asked in Collections for California on
Q: I paid $59 to have a phone call with an attorney. But it never happened and I never got a refund.
Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

Small claims is a good option for you.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Illinois on
Q: I have a judgement in wisconsin that's around 10 years old I just got an letter that they want to garnish my wages

They have never before this point tried to collect on it they have even sent me letters over the years trying to get me to come get another car thru them I dont have the money to pay them me and my husband dont make that much and we have three kids

Robert Shipley
Robert Shipley answered on Nov 5, 2020

State statutes have provisions by which judgments can be revived. You do not identify if the action is pending in Wisconsin or Illinois. Regardless, I would strongly recommend that you have a consultation with an attorney whose practice is concentrated in consumer law, to review whether the... Read more »

1 Answer | Asked in Civil Rights and Collections for California on
Q: I put a donation box on a table in a First Amendment Protest in San Francisco. Is it illegal?

I organized this Protest at Embarcadero Park in San Francisco last year. I had the event permit and insurance cover. I put a donation box on a table with a note state that the donation is used to cover the expense for the Protest (Permit fee and insurance fee). Now, an hostile organization accused... Read more »

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

My advice is to just ignore them. Don't engage with them, just ignore them. So what if you asked for donations to help defray your expenses. Just don't waste your time with those people. There is only one exception to this advice, and that is if the complaining party is a public agency... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Collections for Arizona on
Q: I had a lawyer in a civil case and there was a settlement to be paid. He was paid. Should he follow up to retrieve money

So they had two years to pay the settlement and after that it would accrue interest. My lawyer was already paid and I was told when two years came if we needed we would go back to court. It’s been 13 yrs I contact the office a few times over the yrs and at one point told I wouldn’t have to pay... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 29, 2020

Depending on the facts of the underlying case, this could be something that an Arizona or Massachusetts attorney could advise best on. But your post remains open for two weeks. It isn't fully clear what happened here that has you waiting for the funds of your award. If your lawyer recommended... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: My wife has medical bills in collections and they are trying to move them over to my name. Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Oct 29, 2020

It is very possible to sue the spouse of a medical care debtor. It is arguably a necessity and the creditor can go after the spouse, but you can try to defend against it with a decent lawyer.

2 Answers | Asked in Collections for California on
Q: My Ex-Company Owes Money On Utilities But The Company Account Was Created Under My Name

Hi, I am in California, I no longer am employed at this company since July, they owe water service bill and never paid after I left, but the company/business water service account was created under my name. I was informed there was mail from the debt collector against my company but also with my... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 29, 2020

If your name is on the account, then the water service vendor has every right to proceed after you to collect its money. You need to force the former employer to take your name off the account, and to pay any money that is owed on that account. Sounds like a good small claims action to me.... Read more »

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2 Answers | Asked in Real Estate Law and Collections for Maryland on
Q: We would like to know what are options are in removing the lien from our home in Harford County in Maryland.

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 28, 2020

Contact a lawyer who handles real property law, but honestly, if you can prove that you paid off the debt, this should be pretty straightforward to handle.

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1 Answer | Asked in Collections for Tennessee on
Q: I was recently served for debt collection here in Tennessee. Where can I find info on how to provide an answer?

Can I offer to pay it in full before providing an answer? Will that dismiss the case? I’m so confused about what to do and obviously cannot afford a lawyer. I am wanting to pay in full and avoid garnished wages.

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2020

Assuming you were sued in General Sessions, no Answer is needed usually. Hire a competent attorney for a small fee to contact the collections attorney and attempt cash settlement. It is possible the creditor could even stop or improve any credit reports about that debt, and your lawyer needs... Read more »

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