Lawyers, Answer Questions  & Get Points Log In
Collections Questions & Answers
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 Family Law and Collections for Colorado on
Q: I am being sued in CO for my deceased husband's medical bills by a collection agency.Is this legal? Siting 14-6-110

The bills are 2 1/2 years old and they want fees and interest. I filed an answer stating I am not responsible

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

CRS 14-6-110 provides: "The expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately."

This means you can be held responsible for his...
Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: Name of the Motion to substitute one exempt vehicle for a used vehicle purchased due to change in circumstances?

Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... Read more »

1 Answer | Asked in Bankruptcy, Tax Law and Collections for Arizona on
Q: We live in AZ & are beneficiaries of an irrev. trust. I need to access and protect the equity from an FTB lien. How?

My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.

We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Appoint a successor trustee and let them handle the transactions for you.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I just received a criminal summons for a $22 check I wrote that was returned due to the fact my bank account had been

Hacked. I made then aware i would be it soon but dealt with an accident in the family and then had covid. I have a court date for next week but can I just not pay this and not have to go to court. I just started a new job as well and cannot miss work. Thank you for your guidance with this matter.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 2, 2022

Probably need to go to Court, pay everything and get it dismissed. Hire an attorney to handle this, but expect to attend Court.

1 Answer | Asked in Small Claims and Collections for Massachusetts on
Q: I received a judgement from a lawsuit that a debt collector apparently did against me, but I never knew about it.

I recently received the judgement itself in their favor saying I never went to the court date, but I never knew about it. In addition to that, the address on the judgement I received is wrong as it is my sister’s house where I have not lived for over a year now. The debt collector is fully aware... Read more »

Christopher Tolley
Christopher Tolley
answered on Nov 2, 2022

Take the judgment to the court that issued the judgment. Go to the Civil Clerk's office. Explain the situation to them and tell them you want to make a motion to vacate the judgment for all the reasons you described. Likely they have a form for you to fill out. Write your explanation as set... Read more »

1 Answer | Asked in Divorce, Family Law and Collections for Georgia on
Q: GA order need to garnish in TN for unpaid $.

Have a judgement against my ex for over $36,000 in court in GA. He resides in TN. The order states he agrees to pay $250 per month to my local court. He has made 2 payments in the last 2 years. Without hiring an attorney, how can I apply for a garnishment in TN to obtain what’s already been court... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 1, 2022

You would have to follow the Tennessee procedures to make the Georgia judgment into a Tennessee judgment. Once the judgment is "domesticated" into Tennessee, you can move for a writ of garnishment in that court. The place to start is the Tennessee statutes, more than likely online. You... Read more »

3 Answers | Asked in Consumer Law and Collections for Oregon on
Q: How can I collect on a bad check? I sent a demand letter 30 days ago but haven't heard back.

The amount is $2,000.00. It is for agreed-on reimbursements for concrete work that was not performed. The check came back as 'fictitious' . The bank wouldn't give me anymore information. Do I take it to small claims court or somewhere else? I did send a demand letter 30 days ago with no success.

Gregory L Abbott
Gregory L Abbott
answered on Oct 31, 2022

The question really is whether you can actually collect a Judgment from the guy and if so, is it cost effective to try. If not, suing and trying to forcibly collect is a waste of time and money. If worth it, small claims court hha

View More Answers

2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

It sounds like a scam. I'd ignore it. If its a scam, there is no lawsuit and never will be. Moreover you have to be served with the complaint and summons by someone authorized by Pennsylvania law to do so. Relax and enjoy Halloween night.

View More Answers

3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

Assuming there's no statute of limitation issue, the lender can sue to foreclose the loan and your interest in the house.

View More Answers

3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2022

There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... Read more »

View More Answers

1 Answer | Asked in Collections for California on
Q: How to get the title of an abandoned vehicle that has been charged off long ago. Owner is presumed dead or missing.

A Vehicle has been sitting on my property for 5 years or so. Checked the vin, it says it has a lien on title that was sold to a debt collector and then was eventually completely charged off. Owner went missing also around five years ago. Presumed dead. No way to make contact obviously. I would... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

More information is needed regarding, among other things, why you believe you have a right to the vehicle. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... Read more »

2 Answers | Asked in Collections for California on
Q: Is it there's statute of limitations in serving a notice of renewal to a defendant.

I'm in California and my creditor renewed a judgment but didn't give me notice or send the notice to wrong address which didn't belong to me .

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 29, 2022

Sending you notice doesn't impact a statute of limitation.

View More Answers

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: If I have a money judgment against a company that has been dissolved, who do I go after to collect my judgment?

Do I go after the owners?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2022

Nope. You don't have a judgment against the owners. Your judgment is (sorry to say because thus is how I make money) not worth the paper upon which it is printed.

1 Answer | Asked in Collections for Texas on
Q: Notification of a lawsuit from a loan several years ago?
Barry W. Kaufman
Barry W. Kaufman
answered on Oct 26, 2022

You've provided no facts upon which anyone can form an answer. Please retry with the relevant facts.

1 Answer | Asked in Collections for North Carolina on
Q: What is the difference between a premium lawyer and a normal lawyer? Do they come with extra features?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 24, 2022

If you are speaking about references to attorneys on this web site, there is no difference. "Premium" attorneys pay for placement and advertising on this site. Others who have profiles here do not pay for advertising and actually many do not use this service through answering questions,... Read more »

2 Answers | Asked in Consumer Law, Small Claims, Personal Injury and Collections for California on
Q: How can I retrieve $2,000 I loaned to a former friend, last year in June? I’m in Los Angeles and she moved to Colorado.
Dale S. Gribow
Dale S. Gribow
answered on Oct 23, 2022

send the former friend a Demand Letter setting forth the facts and noting you have requested the money many times.

Hopefully, there is something in writing.

in any event, close with "Payment must be made within 10 days or you will pursue any and all Civil and or Criminal...
Read more »

View More Answers

1 Answer | Asked in Family Law and Collections for Oregon on
Q: What does a certificate of extension involve for an OR circuit court attorney fee judgement expiring 10/31/22
Gregory L Abbott
Gregory L Abbott
answered on Oct 20, 2022

There is a statutory list of information that must be included in the document; it must be paid for and filed with the court. Most any attorney can handle the matter for you if you wish.

1 Answer | Asked in Collections for California on
Q: Looking for a collection attorney who can collect in California based on Judgment, contingency base is 50% of collected

Looking for a collection attorney who can collect in California based on Judgment, contingency base is 50% of collected amount

I have a collection case against an individual based on Judgment

So far the amount for collection is $4768, and attorney can take 50% of the amount... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2022

Feel free to email me the judgment and what is known about debtor.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or be forever barred from relief. I am not your attorney and will not be your attorney until I decide to take the...
Read more »

2 Answers | Asked in Collections for Texas on
Q: I sold my truck to a buddy of mine and he’s paying it off but is 6 months behind on payments what do I do?

There was no contract just a hand shake.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2022

You can take him to small claims court, or not. You don't mention if you signed over the title to him. I recommend you consult a lawyer with all of the facts because if not, you increase the odds of not obtaining a good result.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.