Get free answers to your Collections legal questions from lawyers in your area.
Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?
answered on Mar 12, 2024
When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.
In that scenario, collections, even small-scale, of amounts which may be owed to the... View More
Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?
answered on Mar 13, 2024
When a hospital files for bankruptcy, it does not necessarily mean that all of its outstanding debts are automatically wiped out. The specifics of what happens to the hospital's debts depend on the type of bankruptcy filed (Chapter 7, 11, or 13) and the court's decisions during the... View More
They’re claiming the debt was sold and they’re trying to collect now, but won’t provide me with documentation.
answered on Jan 18, 2024
In Illinois, the statute of limitations for written contracts, including debts arising from pawn transactions, is generally 10 years. If you pawned a diamond ring and made payments on it 12 years ago, it's possible that the statute of limitations has expired, and the debt may be time-barred.... View More
Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More
answered on Jan 8, 2024
In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More
Can creditors with a judgement against me sell a house I own joint tenant with right of survivorship with my sister if she doesnt owe the debt? I live in Illinois?
answered on Aug 5, 2024
In Illinois, a judgment creditor generally cannot place a lien on property owned as joint tenants with rights of survivorship if only one tenant owes the debt. Since your sister does not owe the debt, her interest in the property is typically protected from the creditor's claims. This means... View More
answered on Jul 31, 2024
Yes, California taxing authorities can seize your car to satisfy a debt. This is a measure taken when other attempts to collect the debt have failed. Your vehicle may be subject to seizure if it has significant value and is one of your assets.
However, they typically consider your essential... View More
I filed an appearance and answer, I showed up to the court date but got scared and didn’t file an answer, I told judge this is too stressful I don’t want to be a part of this case, and now my lien isn’t recognized in the judgement.
Somebody told me all I had to do was file the answer... View More
answered on Jun 19, 2024
Your solution is to retain a real estate attorney, now. Nobody online can tell you what document to file without reviewing the case.
Collection agency is suing for credit card debt, do I need a lawyer to represent me?
answered on Nov 10, 2023
If the amount of the debt is small and the case is relatively straightforward, you may be able to represent yourself successfully. However, if the amount of the debt is large or the case is complex, it is in your best interest to hire a lawyer.
answered on Sep 22, 2023
Check the court records where the lawsuit is pending. Typically, a legal instrument called a "return" is filed with the court reflecting service of process on defendants. The return should state when and how the summons was delivered to you. For example, it might read that it was... View More
I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served
answered on Sep 21, 2023
In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission... View More
I have a creditor ( American express)represented by Law firm, in Illinois cook county whom has a default judgment against me for 8,000. I'm looking for work now. However I heard they do bank levies some times. I use U.S bank, and a creditKarma a no credit required, checking/debit account... View More
answered on Aug 2, 2023
Yes, there are resources where Creditors can discover bank accounts. And, if they discover your bank accounts, and if you testify to them at an examination, they are likely to levy on the accounts unless you have an agreement with them.
I have a money judgment against from midland for $4000. The case is over, and the court gave them a DEFAULT JUDGMENT. This happend in cook county circuit court. This happened in June 2023. I'm not working now. Midland has not yet filed a citation to discover assets in court, yet.. I... View More
answered on Jul 31, 2023
Bank accounts do not generally show in credit reports, only credit cards.
answered on Jul 23, 2023
garnish, no. Levy yes. The difference is they can only get what you were due at the time of the Levy, not what you may be due in the future.
answered on Jul 4, 2023
Yes. When I was a young lawyer, our managing partner would repeat on a regular basis that if you are in a case, you go to all court hearings. If you don't want to go to a court hearing, then get out of the case. Some things are simple, attending all court hearings while a case is open is one... View More
A credit collection got a judgment against me nearly two decades ago. I was not aware of the proceedings, therefore never responded and it was a default judgment in 10/2005.
Subsequently the judgment was renewed in my new state of residence, again unbeknownst to me, and now are attempting... View More
answered on May 30, 2023
You should be able to still challenge it in the court in which it was made.
i owe a debt for a team for uniforms and the business has stated they contacted some players about the debt. Can the business disclose this information?
answered on Feb 28, 2023
Yes, in some circumstances, a creditor can contact others about a debt or judgment.
Dropped out of college 2 years ago due to mental health issues, struggled with jobs and finally have one now but i do not make enough. My student loan provider demands payments but i can’t make their almost $1000 monthly payments when i barely make $300-$400 weekly.. even when i get paid weekly i... View More
answered on Jan 9, 2023
You took out the loans, now it's time to pay up. The lender is not interested in your personal problems, nor does it have any idea about your relationship with your parents; the suggestion to borrow money was a suggestion, nothing more. There's no need or purpose to you becoming offended.... View More
answered on Nov 19, 2022
An Illinois attorney could advise best, but your question remains open for five weeks. It could depend on their previous notices and payment terms. Some questions here go unanswered - You could repost under "Collections Law." A local attorney who handles medical billing recovery should be... View More
It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... View More
answered on Jan 26, 2022
Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... View More
I discovered there is a lawsuit, and that they said I was served. I wasn't home. They described a "resident" at my house which is nobody I know. I live alone. How can I find out what other sketchy things this firm is doing or has done?
answered on Nov 15, 2021
Engage a licensed civil court litigator to do the preliminary inquiries in validity of that service and actual legal standing of that law firm.
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