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2 Answers | Asked in Collections and Consumer Law for California on
Q: Sued by collection agency for old cc debt. They filed before statute ran out but I was served AFTER - still valid?

Substituted service performed one day before statute of limitations expired - mailed packet was postmarked the day of statute of limitations, received in mail 7 days after. Can I contact them directly to settle or should I bank on passing of statue of limitations? Thanks :)

Leon Bayer
Leon Bayer answered on Oct 22, 2021

You have asked a very good question. The statute of limitations is concerned only with the date that the complaint was filed. The date of service has nothing to do with the timeliness of the lawsuit filing. Thus serving you after the statute has run does not provide any basis to knock out the... Read more »

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2 Answers | Asked in Collections and Traffic Tickets for Louisiana on
Q: I received tickets back in 2017&2018 they are sent to a collection agency in Texas. What should i do??
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 22, 2021

You should contact a lawyer and provide more information to the lawyer, such as what type tickets, the status of the tickets, where and who issued the tickets, and what you are trying to accomplish at this time. Good luck.

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1 Answer | Asked in Consumer Law, Collections, Communications Law and Small Claims for Kentucky on
Q: Can a debt collector or original creditor still try to sue you if the loan was already cancelled as a part of a lawsuit?

I was contacted by a company on Monday 10/18/2021 called "Assurance Legal Proceedings" via phone stating that they are filing a claim against me in my county for attempt to defraud a loan company. They also said that they have contracted a location service to find me and serve me with... Read more »

Timothy Denison
Timothy Denison answered on Oct 21, 2021

Yes. You are being scammed.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Banking and Collections for California on
Q: Can a collection agency garnish my bank account , strictly social security benefits ?
Yelena Gurevich
Yelena Gurevich answered on Oct 19, 2021

No. But you have to take certain steps like filing a right of exemption and notify the collectors attorney that the funds are social security only.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Barry W. Kaufman
Barry W. Kaufman answered on Oct 17, 2021

You didn't ask a question.

You are 100% responsible to the lender for the student loan payments, just as your granddaughter is responsible.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2021

If you ask no question, you generally get no answer.

1 Answer | Asked in Collections for Tennessee on
Q: I was served a civil summons brought by a debt collector, but there is no Complaint attached. How do I answer?

I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by... Read more »

1 Answer | Asked in Collections for Michigan on
Q: Hello. Wanting to know who is ultimately responsible for a medical bill for my son who is now 18 and in college

we had agreed to pay 50% on copays for our son's health care costs. My ex-husband is the insurance carrier. Our son is now 18 and in college. He recently got some dental work done and because the dentist office always had sent the bills in my name, they sent the bill to me. I am now re-married... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

The dentist office will continue to seek collection from you. I would let the dentist office know that your son is over 18 and that you are no longer responsible for any bills in the future, and that they should collect whatever co-pays or anything from your son directly.

1 Answer | Asked in Collections, Probate and Small Claims for South Carolina on
Q: A creditor was granted a judgement against myself as a former personal representative of my mother's closed estate.

How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2021

Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.

1 Answer | Asked in Collections and Probate for Alabama on
Q: Can debt be collected from my checking?

We have a shared checking account. In Alabama. No will, no real-estate, no investments, nothing at all but a joint checking account. No joint accounts nothing has my name on it. After the death of the other person on the checking account can any debt be collected from the checking account?

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2021

If a creditor gets a judgment against one of the account holders, then it can be collected from any account which he has an interest in regardless of other owners. A few creditors like the IRS can levy without a judgment.

1 Answer | Asked in Collections for North Dakota on
Q: I have been "sued" by a debt collector but they didn't file with the court, they only served me. Is something off?

I received a Summons and Complaint for District Court in ND from a debt collector alleging I owed a debt. When I presented to the district court to file my declaration of service on the plaintiff, my affidavit of service, and Answer I was told the court had no record of the suit. The debt collector... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 5, 2021

Hard to tell. In North Dakota, you can serve a lawsuit and file it later. So you could be sued before the person or company suing you files it with the court.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Florida on
Q: How do I know if I’m being charged with unemployment fraud
Michael  Mayoral
Michael Mayoral answered on Oct 4, 2021

It is close to impossible to find out if you are going to be charged with unemployment fraud, or any crime, until it happens. Typically, a law enforcement officer making contact with you to question you is a sign that you might be being investigated for a crime. An arrest generally means a law... Read more »

3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Barry W. Kaufman
Barry W. Kaufman answered on Oct 2, 2021

You didn't ask a question.

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1 Answer | Asked in Collections for Idaho on
Q: Can I put a lean on or claim an abandoned late model pickup that has been left on my property for 6 months?

Lease holder left truck here during bankruptcy which was complete about 6 months ago. He and I have each contacted the owner (Chrysler corp) several times and requested it be picked up. Each time they say yes but fail to collect it. I would like to be paid for storing the truck or put a claim... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

I would try contacting the local Chrysler/Dodge dealership and see what instructions they give you and follow that. I don't know of any law in Idaho, giving you the right to place a lien on personal property which you gave permission to store a pickup on.

1 Answer | Asked in Divorce and Collections for California on
Q: How to renew a judgment

My x husband didn't pay me what the judge had ordered him to pay in our divorce

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 27, 2021

You don't need to renew your judgment. What you need is to enforce it. You need to find an attorney who does collections or judgment enforcement proceedings/procedures.

2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
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1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Utah on
Q: What kind of lawyer do I need to look for? Where do I start with everything in general? How can this all happen?

evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... Read more »

1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
Elaine Shay answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

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