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I discovered an account in collections on my credit report that was fraudulently opened using my SSN. I reported the identity theft to my local police department and disputed the account with Experian, which removed it. However, Transunion has not removed it, and as I'm applying for a... View More 
answered on Feb 25, 2025
I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to determine if there is an actionable claim against Trans Union. If there is an actionable FCRA claim, there's a chance that this increased interest rate can be used as damages but tough to determine... View More
I have uncashed checks from Horizon BCBS that will be deposited into my savings account. I have a court judgment against me for credit card debt but have not been notified by the debt collector about taking these funds. Can the debt collector access or take these funds once they are deposited?
answered on Feb 26, 2025
Greetings, creditors typically are able to freeze the account by serving the proper court order on the bank. You may file an objection to the levy with the court. There are certain exemptions for funds that may not be levied. For example, your social security funds, disability payments, money from... View More
I recently sold my home and found out there was a lien on the property from a creditor with whom I have a structured settlement. I was not informed of this lien by the creditor or my debt relief company, and discovered it at closing. No advice was given, and the settlement amount was $10,580. So... View More
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answered on Feb 23, 2025
You should get the debt relief agency to do their job, which is actually practicing law without a license. So I am not surprised at this result as you made a mistake going to them. If there is a lien, then a judgment must have been entered. Look at the judgment, compute the amount with legal... View More
My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even... View More
answered on Feb 20, 2025
The citation doesn't become invalid because there is incorrect information on the citation. It can be amended by the prosecutor at any point, even up to the point of trial. This is something that your son and grandson ought to be addressing. Your grandson was likely given a citation and... View More
My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even... View More
answered on Feb 20, 2025
Based on that description, it sounds like the father was convicted by default, for not responding to a petty misdemeanor charge. He could file a motion with the court to re-open the case (can use downloadable forms on the Minnesota Courts website), getting a hearing date for that motion, then... View More
I need information on the statute of limitations for collecting back rent in Pennsylvania. I have a written lease agreement, and the back rent has been due since January 2016. There have been no court proceedings or formal communications with the tenant regarding the back rent, although there have... View More
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answered on Feb 17, 2025
At this point if there has not been a payment in the last 4 years the debt is not collectable through the Courts. Also, since it is so old it is unlikely that it will be successful in litigation. Most Municipalities and Landlord Tenant Courts require a rental license and valid inspections. If... View More
I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More
answered on Feb 14, 2025
If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More
Is there anything that can be seized based on unsecured debt law in Pennsylvania? Everything I'm reading is saying there isn't much that can taken to repay the debt since it is solely mine.
answered on Feb 9, 2025
If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.
Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.
You... View More
I discovered recently that a lawsuit was filed against me due to my Discover debt. I had no knowledge that it was assigned to an attorney's office. I was on the Mecklenburg court site to verify something regarding a different situation and I seen the lawsuit information. The summons was served... View More
answered on Feb 4, 2025
You will need to file a motion to set aside the entry of default due to faulty service under Rule 60. If it was served by mail, an affidavit from you will be required with proof of your correct address. You will likely need a lawyer to help you because there are no "forms" for this Motion... View More
But there was no formal documentation of it in the sent email, it looks real but I've never seen something like that without the documentation download with it what should I do
answered on Jan 20, 2025
A Colorado attorney could advise best, but your question remains open for two weeks. It could be spam - collection actions are not generally associated with arrest warrants. They are usually civil matters. However, attorneys here could feel uncomfortable in telling you to dismiss it or treat it... View More
What’s happened is I got served from a creditor so I put in an an answer and denial, that my credit has reached the statute of limitations in Nebraska my last payment was may of 2018. I received and letter with a trial date for the month of April 2025 but the plaintiff still managed to get a... View More
answered on Jan 20, 2025
There isn't a form for this, at least not one approved by the Courts. What you draft depends on the specifics of your case and what you are requesting.
Reviewing the Nebraska Court Rules of Appellate Practice may be a good place to start.... View More
They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.
answered on Jan 17, 2025
In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More
I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More
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answered on Jan 16, 2025
The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More
I got served this morning with paperwork from justice court pertaining to DFS and my child’s medical bills that I was told were going to be completely covered by DFS back in 2019 when my case was first opened.
answered on Jan 20, 2025
If you were served with a summons and complaint, or similar legal papers, that would generally mean you have a short window of time in which to respond. In most places nationwide, it ranges from around 20 to 30 days, depending on method of service. As my colleague correctly advises, it would be... View More
I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More
answered on Jan 10, 2025
Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More
His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?
answered on Jan 8, 2025
You have two options. You can file a motion for time payments with the Court, this may allow you to lower the amount you pay on a monthly basis and it will stop the garnishment. Or you can file a Bankruptcy. If you qualify for a Chapter 7, it should not cost you thousands of dollars. You should... View More
His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?
answered on Jan 8, 2025
Probably. But it depends on a lot of information that a bankruptcy attorney would need to know. Some example questions:
What notice did you receive of the lawsuit from which he is being garnished?
If nothing then you can file paper to get before the judge and explain why you did not... View More
His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?
answered on Jan 8, 2025
In order for your husband's wages to be garnished, the creditor has already obtained a judgment against him. If you cannot negotiate a payment plan for the amount of the judgment, the alternative is to file a Chapter 7 or Chapter 13 bankruptcy.
Filing a bankruptcy may eliminate the... View More
answered on Jan 1, 2025
Before you can be garnished, there has to be a Judgement against you by a court of law. Then the Judgement Creditor can garnish or otherwise try to collect on the Judgement for 10 years, usually with 9% annual simple interest accruing on the unpaid amounts until paid in full. A Judgement can be... View More
Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls
answered on Dec 16, 2024
Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More
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