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Collections Questions & Answers
3 Answers | Asked in Banking and Collections for Florida on
Q: Since 2016 my loan payment has been made (accidentally) from a stranger's account within my same credit union.

They called today and said they just realized this. I have been getting notices every month saying the payment was made. But now they tell me I wasn't making it and want me to pay it all back. I'm devastated. I need a new car and will have to make two payments. I have lots of out going... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 5, 2020

What's your question? In round numbers, somebody paid 36 months of your loan payment, and in 36 months you never realized that the payment wasn't coming out of your account? Yes, you need to pay it back. You never paid it in the first place.

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1 Answer | Asked in Collections for California on
Q: I was sent to collections for a debt I don't owe. I have not received a response and wanted to know what else I can do

The company did not return calls for me to try to dispute this debt. I have email correspondence from the company saying the debt was in error and that it would be removed from my account. When I reach out to the collection agency, they tell me they have not received a response from the company... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

Wait until the collection agency HAS received the response from the company. If the collection agency has not received that response in a reasonable time, WRITE to the company with a certified letter stating the problem.

1 Answer | Asked in Collections for Maine on
Q: Which state determines a foreign judgment's expiry?

I had a default judgment against me in another state, where judgments expire after 10 years. The judgment expired and I believe its renewal would have required me to be notified, which I was not, so I believe it wasn't renewed. But  when it was first obtained, it was registered in my home... Read more »

Fred Bopp III
Fred Bopp III answered on May 4, 2020

The general rule is that judgments registered in a new state are treated the same as judgments issued originally in the new state for purposes of enforcement, so it is likely that the 20-year expiration period of the new state applies to the registered judgment (at least as to enforcement efforts... Read more »

1 Answer | Asked in Collections for Colorado on
Q: i do not know who to turn to in my situation.divorce/credit card fraud

without my consent and the collection agencies are coming after me.is this a small claims court? is this a divorce issue?? is this a fraudalaunt? is this criminal? please help

John Hyland Barrett III
John Hyland Barrett III answered on May 4, 2020

It may be a criminal matter if credit cards were really opened without your knowledge/consent. You can report this to the local police. If this was done by your spouse, you can also deal with it in the divorce. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support and Collections for Nebraska on
Q: hi, my child support case is out of Minnesota. With my tax returns, Minnesota collected the remaining 1981.00 that was

hi, my child support case is out of Minnesota. With my tax returns, Minnesota collected the remaining 1981.00 that was due. The case has been closed for almost a year. After Minnesota collected the 1981.00 from taxes, they failed to notify the irs that the debt was paid, and to remove my name from... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

If your case is out of Minnesota, you need to contact the child support office in Minnesota and then an attorney licensed in Minnesota if the child support office can't assist you in having the funds returned to you. You may want to act quickly. In Nebraska, funds are distributed fairly soon... Read more »

2 Answers | Asked in Collections for Michigan on
Q: Can she do something?

My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... Read more »

Trent Harris
Trent Harris answered on May 2, 2020

The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract... Read more »

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1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I have two judgements

I have a criminal judgement and a civil judgement against a former employee for embezzlement can i collect on both judge?

Anthony M. Avery
Anthony M. Avery answered on May 1, 2020

Assuming the criminal judgment involves Restitution, a convicted defendant on Probation will want to pay all Restitution and Costs first so he does not violate Probation. The civil judgment should be recorded as a Lien and pursued subsequent to the Restitution recovery. If the civil judgment... Read more »

2 Answers | Asked in Estate Planning, Collections and Probate for California on
Q: Is the surviving spouse liable for the deceased spouse's credit card debt if only in the deceased's name?

If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.

John B. Palley
John B. Palley answered on Apr 29, 2020

That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets... Read more »

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1 Answer | Asked in Collections and Landlord - Tenant for Missouri on
Q: I am being charged for the smell of smoke in my old apt, I do not smoke, nor was anyone in my apt that smoked what

(Con’t)...are my options in fighting this as I dont want it to go to collections

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 28, 2020

Your options include

1. Paying your landlord or not opposing deduction of the money from your security deposit

2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting

3. Filing suit to seek the refund of your security...
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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Virginia on
Q: Do credit card companies typically renew judgements after 10 years in VA? I'm 3 years away from the 10 year mark.

I want to know my best move. I'm looking to buy property in 3-4 years and am concerned about the judgements against me. They are 7 years old for 6k and 4k at time of judgement. Do they automatically renew? What is the process for renewal and how would I know if it was renewed? They... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 25, 2020

Generally credit card companies and their attorneys will renew judgments just before the 10 year period arrives. It is not automatic and counsel must file pleading with the court.

2 Answers | Asked in Collections and Probate for Florida on
Q: I have a final judgment on an ex. He owned property but signed QCD to girlfriend days before recent death. Can I collect
Seril L Grossfeld
Seril L Grossfeld answered on Apr 24, 2020

That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited... Read more »

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1 Answer | Asked in Collections for Pennsylvania on
Q: Is this debt collector legitimate and should I pay?

I received a call from a debt collector for a small debt of 167 dollars. I was given a registration code and website link to pay the debt. When I go to the website, it requires the last 4 of my SSN and my ZIP code. Is this information safe to give out and should I pay the debt to them? The... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

Transworld is big, and I wouldn't give them your information. Tell them you want to know the basis of the debt.

Who is it from. What's the documentation. etc. You want the dates of service, etc.

Get the address, write them a mail letter. keep a copy.

Your mantra...
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1 Answer | Asked in Contracts, Collections and Sexual Harassment for Pennsylvania on
Q: I receive two letters from two different lawyers and I need a lawyer

I was hired to write and direct a stage play. The guy promised to pay me and the actors even if the play was canceled. The man ha yet to pay me or the actors. and I received two letters from lawyers on his behalf. both of his claims are false. however, I have been giving a week to respond to one. I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

The "one week to respond" is baloney---but hard to tell if they are saying you have one week to do something you are obligated to do under the contract....different.

It's hard to tell without knowing the facts. You can call for a free consultation and I can better direct you.

2 Answers | Asked in Criminal Law, Collections and Identity Theft for Illinois on
Q: I'm a college student that had a Fake ID confiscated at a bar. Police want to charge me 350, can they?

They sent me mail June of 2019 saying I should pay where I said what are the next steps, then I did not hear from them again till 2 months ago where the officer said he put my papers in the wrong file. I honestly forgot about it and would have paid if they contacted me again but I didn't hear... Read more »

Juan Ooink
Juan Ooink answered on Apr 21, 2020

Possessing a fake ID is a felony offense in Illinois. They do not have to prove that you bought it, just that it is fake and you possessed it. I suggest calling them and explaining to them, that you would have paid it if you heard back and that you are willing to pay the original fine amount.

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2 Answers | Asked in Estate Planning, Collections, Identity Theft and Internet Law for Missouri on
Q: Is it legal for a lawyer to ask for a SSN online through an email address?

My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 21, 2020

Two things.

1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment...
Read more »

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1 Answer | Asked in Estate Planning and Collections for Connecticut on
Q: I am Conservator for my adult son. Can I be held liable for any of my son's unpaid bills?
Joseph Maya
Joseph Maya answered on Apr 19, 2020

A conservator is a person appointed by the Probate Court to oversee or handle the financial or personal affairs of an adult. Connecticut recognizes two types of conservators. A Conservator of the Person supervises or manages the conserved person’s personal affairs and ensures that the... Read more »

1 Answer | Asked in Civil Litigation, Collections, Domestic Violence and Small Claims for North Carolina on
Q: Can my ex take me to a collection agency for this?

My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 16, 2020

If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.

2 Answers | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Ohio sued for debt that isn’t mine. Stated that I was victim of mistaken identity or ID theft. P hasn’t responded to

Discovery requests but they sent paperwork to start an ID Theft investigation. I don’t even know that the debt exists & not comfortable giving them any information or attesting to a theft with no knowledge a theft occurred. I have already stated under oath that the debt is not mine since I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

There is really no downside to filing a theft report and it can only help your case. There is a debt on your name. You say that it's not yours. If it's not yours there are only two options: 1) The Creditor made a mistake or 2) your identity was stolen. In either case, it's in your... Read more »

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1 Answer | Asked in Family Law and Collections for Indiana on
Q: I have 2 ER bills.I can't pay off but am sending in payments each month.Can they send me to collections?

Went to two different hospitals, billed for them and ambulance ride. I cant pay what they want, asked for a payment arrangement and what they wanted was too high. So I am sending in $25-50 each bill each month.

Troy Tyson
Troy Tyson answered on Apr 9, 2020

They could send you to collections at any time for a bill that is not timely paid. However, keeping in contact with the company and continuing to make regular payments are good actions to take to prevent them from doing so.

4 Answers | Asked in Contracts and Collections for Florida on
Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long

When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

Do you have a copy of the contract that you signed? If not, get a copy and go from there.

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