Get free answers to your Collections legal questions from lawyers in your area.
I got the judgement in my favor for eviction. But the tenant had not paid a large sum of money. They have left how can I find their current address and ask them to pay the rent due.
answered on May 17, 2024
You will need to file suit against the Tenant to collect the amounts owed.
A lawyer (debt collector) issued subpoenas to my boyfriend, my bank, and my multi-member LLC's registered agent, all of whom are outside of the state the judgment was recorded in. Is that considered informing third parties? Is it an FDCPA violation worth suing over?
answered on Oct 3, 2023
If the judgment was domesticated into the State in which the subpoenas were issued, it is proper.
Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.
answered on Jul 6, 2023
If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More
answered on May 31, 2023
Typically, auto finance companies and banks are required to give the borrower notice that their account is past due before repossessing the car pledged as collateral.
Specifically if a citizen was found Not Guilty on a specific charge that caused repairs to be made?
answered on Apr 25, 2023
Not guilty does not necessarily mean you were not responsible. So this question cannot be answered without knowing all of the facts. But the not guilty does not necessarily release your potential liability
The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?
answered on Mar 29, 2023
If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... View More
This ticket was paid but I have no proof as it was 40 years ago
answered on Feb 9, 2023
Pursuant to Courts & Judicial (CJ) Proceedings Code, 5-107, "a prosecution or suit for a fine, penalty, or forfeiture shall be instituted within one year after the offense was committed."
Under CJ 7-505, "Unpaid and undischarged fines and unpaid costs may be levied,... View More
By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.
answered on Jan 19, 2023
The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... View More
I'm experiencing a financial hardship due to this garnishment. How can I request to have the payments lessened so that I can maintain my other financial obligations?
answered on Dec 30, 2022
You should speak with a bankruptcy attorney to see if bankruptcy is an option for you.
Does payment to a credit card made from an address in the MD district in 2010 qualify as minimum contact? I currently live in FL and I lived in PA when the suit was filed in 2013. The only thing tying me to MD at all is this one payment.
answered on Sep 24, 2022
No, unless the suit involves the transaction itself in Maryland, such as you entered into a contract to purchase a product or service in Maryland and paid the initial payment toward the contract there before leaving. Mailing a check to a credit card company from Maryland or paying toward the credit... View More
The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?
answered on Sep 20, 2022
If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... View More
I haven’t received any statement showing where the garnishment is going.
answered on Sep 15, 2022
Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.
What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?
answered on Jul 11, 2022
A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... View More
The Date Filed: 11/09/2020; Issue Date: 09/08/2021 almost a year later. Is this considered a serious delay that would help my case?
answered on Jun 22, 2022
Not likely. Delay alone is not a defense. You would have to show some inordinate and unreasonable delay that resulted in actual prejudice to your ability to defend the case as a result of the delay. This can happen in cases where a case is delayed for so log that an essential witness has died,... View More
My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the... View More
answered on Mar 19, 2022
The statute of limitations is satisfied once the lawsuit is filed. So long as the lawsuit was filed within three years, the statute of limitations was satisfied. In addition, some contracts are under seal in which case the statute of limitations is 12 years.
Newly engaged and want to add fiance to bank account(s) and or credit cards of mine for access. Trust is complete from me to her...
She has a $120k debt from car accident (torn artery/needed resuscitation) 7 years back. Those bills stopped and havent been seen in longgggg time... thry dont... View More
answered on Dec 6, 2021
The simple answer with this fact pattern is that you have liability for your cash in a bank account as it will be presumed that she owns half of the money prior to your marriage. This fact pattern is only presumed if the creditor comes after your jointly owned account.
Adding your fiance... View More
Marryland Central collection unit is after me for a car that I had but was sold off, as the engine got damaged but I didn't return the title/plates. Now they are asking for tax arrears
answered on Nov 8, 2021
Typically, the Central Collections unit will set up a payment arrangement with you. Additionally, they can be paid over the course of 5 years through a Chapter 13 bankruptcy case. You should contact an attorney to guide you through this process.
answered on Oct 25, 2021
It depends. What type of school debt are you talking about? Is this a private school for children? Or, private loans for undergraduate or graduate schools? Or, loans for a college education? The type of debt will depend on whether it is time-barred or not.
You should contact an attorney to... View More
Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... View More
answered on May 23, 2021
You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... View More
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... View More
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
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