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Kentucky Collections Questions & Answers
1 Answer | Asked in Collections for Kentucky on
Q: Being sued medical bills,no insurance ,cant work ,trying for disability. Can they take our home, cars and bank account?

I was in intensive care last year for 2 weeks no insurance. If the hospital would have let me or my wife know emergency Medicare was available if applied for the first 3 days they tell me about this on the 4th day. Now I am being sued. I haven't been able to work for 3 years. Wife supports us... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 13, 2023

Consult with an experienced collection defense attorney.

Your house and cars might be exempted; but not bank accounts.

2 Answers | Asked in Consumer Law, Collections and Insurance Defense for Kentucky on
Q: Is this a possible lawsuit?

I was force placed insurance on my truck that ive had insurance on since day one. They told me there was a lapse and my truck payment went from $400 a month to over $800 a month. I sent proof of insurance and they ignored me and dodged my calls for a week. I finally got ahold of them and they said... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 4, 2023

Yes it is a possible lawsuit. You should consult with an experienced attorney in consumer rights.

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Kentucky on
Q: Is this a case?

I was making payments through a truck I started financing a year ago, and those payments were being made through SMART Payment plan in which they charged me on a biweekly basis in means to help me pay off the vehicle quicker.

Problems occured quuckly and often through them. My payments were... Read more »

Timothy Denison
Timothy Denison
answered on Feb 3, 2023

Technically, there is probably some liability there but it very likely wouldn’t be worth the time, money or hassle to pursue it. If you can get reimbursed what you’ve lost ( or most of it), you’ll still be ahead of the game.

1 Answer | Asked in Bankruptcy, Consumer Law, Employment Law and Collections for Kentucky on
Q: My employer received a garnishment form to garnish my wages. The file date for garnishment was 2007. Is there time limit
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. There is a 15 year statute of limitations on a judgment collection if it has not been renewed.

2 Answers | Asked in Contracts, Civil Litigation and Collections for Kentucky on
Q: I need help getting $10,000 back from a contractor who is not showing up and is ghosting me.

The fence guy did 4 days of work over the last 2 months. Has not responded to calls or texts the last week. Has his house, tractor, truck and other items now listed for sale. His tractor is sitting on my property. What are my options to get my money back?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2022

You should see an attorney first thing Monday morning; a lawsuit may be your only avenue.

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1 Answer | Asked in Consumer Law and Collections for Kentucky on
Q: I paid a debt relief company monthly payments for 3 years and none of my debt was paid down. Can I get my money back?

I paid in almost twice my debt and they didn’t settle any of my debt. Payments over $200 month for 3 years. I called the company numerous times and they kept “disconnecting” me so I’d have to call back again and again. I finally called their bank and asked them to send me, in the mail, all... Read more »

Timothy Denison
Timothy Denison
answered on Jun 29, 2022

Most likely yes but you will have to sue the debt relief company.

1 Answer | Asked in Contracts and Collections for Kentucky on
Q: I have a lien on a personal sale vehicle, and still have the 2nd key. Can I get my vehicle back?

The purchase of the vehicle was written in to a home renovation contract. Contractor has not delivered on his end. Can I take my own vehicle back, or do I need to have it towed?

Timothy Denison
Timothy Denison
answered on May 22, 2022

You can take your own vehicle back yourself if you can do it without a breach of the peace.

1 Answer | Asked in Contracts, Collections and Small Claims for Kentucky on
Q: If you take someone to court for dishonor of a prommisary note. Do you need to send a letter of dishonor

Also would this be small claim court sueing for non payment of $4000.00

Timothy Denison
Timothy Denison
answered on Dec 28, 2021

No.

1 Answer | Asked in Consumer Law, Collections, Communications Law and Small Claims for Kentucky on
Q: Can a debt collector or original creditor still try to sue you if the loan was already cancelled as a part of a lawsuit?

I was contacted by a company on Monday 10/18/2021 called "Assurance Legal Proceedings" via phone stating that they are filing a claim against me in my county for attempt to defraud a loan company. They also said that they have contracted a location service to find me and serve me with... Read more »

Timothy Denison
Timothy Denison
answered on Oct 21, 2021

Yes. You are being scammed.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Kentucky on
Q: I am in KY and I just received a call saying, I am being taken to court for a bank that I opened back in 2009.

the account was supposedly sent to collections in 2015 but I do not recall ever seeing this on my credit report. its now 2021 can they win a judgement? Is there not any statue of limitations for this? and why was it never on my credit report?

Timothy Denison
Timothy Denison
answered on Aug 31, 2021

Yes.

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Kentucky on
Q: Hello, I'm looking for any and all case files for William Mathis VS MTC, 1 LTD, a civil suit won for the defense.

The judgement was never paid.

Timothy Denison
Timothy Denison
answered on Dec 24, 2020

Check pacer.gov

1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Kentucky on
Q: My taxes were bought by a 3rd party. I've mailed payment in full, they've failed to pick it up for weeks. What do I do?

Debt collector requires money orders. Payment has been waiting for them at usps for 15 days. USPS supervisor confirms that my money orders are there. The debt collector's office has been notified and I have contacted them to inquire why it hasn't been picked up with no concrete answer.... Read more »

Timothy Denison
Timothy Denison
answered on Oct 7, 2020

Not much you can do except wait for them to cash and release liens. Any other action on your part at this juncture would be too costly and premature.

1 Answer | Asked in Consumer Law and Collections for Kentucky on
Q: recovering your restitution money

Person paid restitution to a company thru local courthouse via escrow. The company is no existing filed bankruptcy. Can person file to get the money they paid in restitution back since company out of business and does not exist.

Timothy Denison
Timothy Denison
answered on Dec 12, 2019

I’d file in the case that ordered restitution. Cig you have proof of payment, you should be fine.

1 Answer | Asked in Banking, Civil Litigation and Collections for Kentucky on
Q: How do I find out if a judgement has been passed against me?

Got sued by Zwicker & Assoc via Discover Bank Credit Card in January 2017. Tried to work things out between now and then and I just could never afford the payments. Now when I go to search FOR the case by my case # on the website it's like it never existed. What does this mean? Did they... Read more »

Timothy Denison
Timothy Denison
answered on Jan 27, 2019

Go to the courthouse, have them pull the file and you will be able to see if they have s judgment and is so, what collection efforts are underway against you. You may want to hire a lawyer to help you try and settle the case.

3 Answers | Asked in Bankruptcy, Civil Rights and Collections for Kentucky on
Q: Got a judgement in the mail saying ordered and adjudged what does that mean?

Does this mean garnishment?

Timothy Denison
Timothy Denison
answered on Oct 9, 2018

Ordered and adjudged means “ordered.” It does not mean garnishment directly but it could give rise to a garnishment.

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1 Answer | Asked in Civil Litigation and Collections for Kentucky on
Q: How can I utilize my post judgement interrogatory from a small claims court defendant?

I won a small claims court case in KY but the defendant did not pay the court-ordered restitution. I eventually filed a post judgement interrogatory form to the defendant. After threatening a contempt action for not returning the court document, the defendant showed up to court, quickly filled... Read more »

Timothy Denison
Timothy Denison
answered on Jun 23, 2018

You can go to the clerk of court and have a garnishment or execution issued for property of the defendant which may achieve the goals you’re seeking. Because there are certain property exemptions available to Defendant, you may want to contact a local lawyer to help you with this step.

1 Answer | Asked in Criminal Law, Collections and White Collar Crime for Kentucky on
Q: In ky, what is the statute of limitations on filing a misdemeanor warrant for theft by deception including cold checks?

Have 3 cold checks that were written in 2008. The warrant for them was not signed until Sept 2017. Is that not past the statute of limitations on time to file warrant??

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

The statute of limitations on filing a misdemeanor charge (s) is one year.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Kentucky on
Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

Disabled senior citizen can't pay off credit card debt and need to file bankruptcy. I was told because I receive SSI, have no savings or checking account, own no property, no life insurance, on fixed income there would be no need to file bankruptcy. I closed accounts and destroyed credit... Read more »

David Earl Phillips
David Earl Phillips
answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free... Read more »

2 Answers | Asked in Bankruptcy, Car Accidents, Collections and Small Claims for Kentucky on
Q: How can I stop a wage attachment
David Earl Phillips
David Earl Phillips
answered on Dec 24, 2017

See a Bankruptcy lawyer near you. Stopping a wage attachment is something that comes up in a lot of bankruptcy cases and can be dealt with very quickly. A bankruptcy lawyer can look over your entire situation and see if bankruptcy would be a good option. There may be other ways to deal with this... Read more »

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1 Answer | Asked in Bankruptcy, Collections and Family Law for Kentucky on
Q: If husband files bankruptcy am I, his wife, liable for his medical debts
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

No not unless you signed to be liable for them.

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