Get free answers to your Collections legal questions from lawyers in your area.
I defaulted on a credit card for a big named brand store. I owed $1777. I couldn’t make the payments because I was having difficulty affording my daily living costs. I am at a better job and I want to repay the furniture store what I owe but the loan on my credit report says closed? Should I... View More 
answered on Oct 18, 2024
What you should or should not do is a moral question.
You can contact the creditor and offer to pay the account in full if it will change its report to the major credit bureaus to reflect that the account is closed and paid in full. That likely would improve your credit score if you were... View More
my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments
the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K
even after I went and explain the situation to the board regarding the... View More
answered on Sep 30, 2024
The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More
Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More
answered on Sep 7, 2024
The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More
An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal
answered on Jul 5, 2024
Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.
Banks and financial institutions often ask their own customers to agree that, if the customer... View More
A judgement was obtained by Discover Card on ~ $6100 in credit card debt on Sep. 12th 2018 but I was not even aware of this until now when I received this document that states I have 30 days to reply. I own my own home that is in poor condition, and a 1999 Chevy Truck that is not currently running.... View More
answered on Jul 1, 2024
If you disregard a post-judgment interrogatory, most likely the judgment creditor will file a motion to compel. A judge will most likely order you to answer the interrogatory and award the judgment creditor additional attorney fees.
If you disobey the judge's order, the judgment... View More
Before the fire. There was still several days left in the month where the premium was paid already. They refused to pay for my car to be repaired and everything . But they have sent the insurance premium to the collection agency and have stated that the policy wasn't cancelled till January.... View More
answered on Jun 19, 2024
A Texas attorney could advise best, but your question remains open for three weeks. Your question presents things that need to be sorted out for an attorney to advise meaningfully. Who is "he," the person who dropped your coverage? Why weren't you the one in dialogue with the carrier... View More
I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.
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answered on Jun 9, 2024
It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More
I informed her of the check when I got it from my school loans and it had her name on it. We filed taxes together and it was held for my school loans. she said sign her name. I did. I deposited into my account. She owes me significantly more than "her half" of the check. She is now... View More
answered on May 28, 2024
More information is required. People typically cannot "file taxes together" unless they are married. Checks for school loans are almost always made payable to the borrower to whom the loan was made, not to two "friends." They typically aren't even made payable to both a... View More
I received injury settlement can my creditors take from my account from these monies?
Also do I have to pay tax on the settlement?
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answered on Apr 27, 2024
The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:
1. Creditor claims on settlement funds:
In many cases, settlement funds from a personal injury claim are protected from... View More
I received injury settlement can my creditors take from my account from these monies?
Also do I have to pay tax on the settlement?
answered on May 2, 2024
It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More
Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More
answered on Apr 24, 2024
You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More
Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.
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answered on Apr 11, 2024
In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:
1. Partition lawsuit: The paying heir can file a... View More
The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More
answered on Mar 19, 2024
If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More
City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More
answered on Mar 14, 2024
No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.
There are numerous things that could be in that subcontract to protect you from that person being paid by the City and... View More
Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More
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answered on Mar 2, 2024
It's understandable that you're concerned about your situation. However, it's important to know that a bank cannot typically hold your car title as collateral for a separate loan unless it's explicitly outlined in the terms of the loan agreement you signed. In most cases,... View More
Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More
answered on Feb 29, 2024
Likely yes. This is called cross-collateralization. In many secured loans, the collateral is pledged not only for the purchase money loan to buy the collateral (in your case, a car) but also for any other loan made by the lender.
I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More
answered on Jan 26, 2024
Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.
A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and... View More
My business partners back in my home country started suing me for money just after I left to the USA, my dad hired an attorney but lost 2 cases and now they want me to pay over 150k USD, can they uphold the judgement of that foreign country in the Middle East and come after me here in the US? I am... View More
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answered on Jan 26, 2024
In your situation, the enforceability of a foreign judgment in the United States, and particularly in Texas, depends on several factors. Generally, U.S. courts may recognize and enforce foreign judgments under certain conditions, but this process is not automatic.
Texas, like many states,... View More
money went missing from my bank account and credit score dropped. indication of a creditor lawsuit likely. where may I lookup default judgements?
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answered on Feb 25, 2024
If you suspect that a default judgment may have been entered against you, there are several steps you can take to look it up. Start by checking the public records in the county where you live or where the creditor may have filed the lawsuit. Many court systems offer online access to their records,... View More
I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about... View More
answered on Jan 22, 2024
You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young,... View More
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