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Idaho Collections Questions & Answers
1 Answer | Asked in Banking, Collections and Consumer Law for Idaho on
Q: My car was repo. Because the auto company said I missed a differ payment but my payment wasn't due until March 9 2024

I traded my van in for down payment if I still owed at the time why would they let me take the car and in 1 week they repo it they never sent me notice or anything

James L. Arrasmith
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answered on Mar 20, 2024

If your car was repossessed and you believe it was done unfairly or prematurely, it's crucial to review your loan or lease agreement closely. These documents should detail the terms of your payments and the conditions under which repossession can occur. If your payment was not due until March... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Idaho on
Q: I was served papers from a lender attempting to collect a debt in small claims. The papers included an Exhibit A, which

Was a loan agreement in someone else’s name. Is this a valid suit/summons?

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

If you were named as a defendant, the case is valid but you have a defense that it is not you that owe the debt. If it was simply a mistake by the attorney that could likely be fixed in litigation.

1 Answer | Asked in Collections for Idaho on
Q: Should I pay interest when trying to pay a debt collection in full on overdrawn bank account from June 2020?

I have a collection account from an overdrafted bank account and the balance shown on my credit report is what I assumed I would pay however the collection agency says there's almost $400 in interest to pay it in full. Since it wasn't a loan with a preset interest rate should I still have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 7, 2023

In most states, prejudgment interest accrues as a matter of law on an unpaid balance. Whether this is true for Idaho, I don't know. You'd have to check Idaho law.

1 Answer | Asked in Contracts, Business Law and Collections for Idaho on
Q: My Idaho corporation loaned 250000 to a LLC in Texas and I need to get my money back. Do I need a lawyer in Texas?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2022

Probably but you might be able to sue in Idaho. You should consult an Idaho lawyer with your promissory note or contract to determine where you can file suit.

1 Answer | Asked in Collections for Idaho on
Q: If I get married and happen to die will my husband be responsible to pay off my Nevada court appointed restitution?

We live in Idaho and I owe over $50,000

Kevin M Rogers
Kevin M Rogers
answered on Oct 25, 2021

No. Restitution is not a "joint and several" obligation unless there are more than one defendants who create the restitution issue through crime. Restitution is personal. It does not pass legally like another death might.

1 Answer | Asked in Collections for Idaho on
Q: Can I put a lean on or claim an abandoned late model pickup that has been left on my property for 6 months?

Lease holder left truck here during bankruptcy which was complete about 6 months ago. He and I have each contacted the owner (Chrysler corp) several times and requested it be picked up. Each time they say yes but fail to collect it. I would like to be paid for storing the truck or put a claim... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

I would try contacting the local Chrysler/Dodge dealership and see what instructions they give you and follow that. I don't know of any law in Idaho, giving you the right to place a lien on personal property which you gave permission to store a pickup on.

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More

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... View 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...
View More

1 Answer | Asked in Collections for Idaho on
Q: How long after my vehicle has been repossessed and sold should I receive a letter from the creditor about the sale?

My vehicle was repossessed. The amount I still owed was $5700. I received a letter 3 months later saying it was sold. It didn't say for how much. The finance company closed out the account as a paid repossession. But during all that time it sold the account to a debt collector who is... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 22, 2018

Idaho law provides five (5) days for you to replevin (recover) your car. Once the lien holder has presented the paperwork showing the note, the judgment and the order for sale to satisfy the amt. due, it will be sold VERY quickly.

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Q: debt collection cases
Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again... View More

1 Answer | Asked in Business Law and Collections for Idaho on
Q: Collection company still collect after debt has been written off?

Credit card company has my debt written as a tax write-off. Collection company is still trying to collect. If the first company writes off the debt, can a collection company collect off of it?

Michael Hales
Michael Hales
answered on Feb 14, 2018

My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.

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