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Collections Questions & Answers
1 Answer | Asked in Contracts, Civil Litigation and Collections for Florida on
Q: Repossession of motorcycle that I do not have

I had a motorcycle up for repossession 2 years ago . It was parked on the side of my townhouse (no garages). It eventually was gone. Now almost a year and a half later I’m getting calls from collectors and repo saying they’re looking for the bike? I am very confused. I do not have it, and have... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 14, 2021

Seriously? Your bike was stolen. If it had been repossessed, you'd know it. Now, instead of the creditor getting the bike back, selling it, and applying the sale amount to your loan, the lender (creditor) will probably sue you for the entire amount of the loan.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Indiana on
Q: Since covid 19 started well little but after i have been unable to pay my credit cards and 1 loan, i have moved how can

Find out if there is a summons for me or court date in Indiana

Timothy Denison
Timothy Denison answered on Mar 13, 2021

Call the court in the county in which you live.

1 Answer | Asked in Contracts, Civil Litigation and Collections for California on
Q: In relationship over 10 years during over time I've accumulated his debt of over $18,000 he promised to repay and share

a life together upon his release. When he got out he ghosted me. Do I have any legal grounds to stand on?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 13, 2021

Sorry to hear about your experience. It's not quite clear what legal grounds you want to stand on. If you mean the debt... If you acquired the debt on your credit cards or loans in your name only then you are responsible. Did you get his promise to repay or share in writing? If so you could... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Collections and Small Claims for California on
Q: My daughter lost her job, got a "Demand Letter for Damages" from an office in SD and she needs to know how to respond.

This letter from an ex-love interest who is seeking damages from a breach of contract, and fraud.

It is in the amount of $15,000 and is dated February 25, 2021and was served by a FED-EX person on March 4, 2021 to her 16 year old son who was asked to sign his name when he was in the garage... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 12, 2021

You need to speak with civil attorney. This is not yet a criminal case.

Good luck!

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1 Answer | Asked in Collections for Missouri on
Q: I sent money to someone thru Cashapp. We had a falling out. He won't give me my money back. Can I sue him?

I've tried to get my money or my shoes, he won't give me anything. Cashapp can't do anything because you have to dispute the transaction no more than 60 days after it's been completed. Do I have a case here? Can I sue him in small claims court to get my money back. Him and his... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 12, 2021

You “have a case” if you sue and a case number is assigned. You state that you sent him money but don’t indicate if it was a gift or a loan. Unless it was a loan, then you’ll likely lose. Hopefully you at least have emails or text messages clearly showing that it was a loan.

In...
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2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: I am currently retired and collecting a pension from my former employer. Can a creditor garnish my pension?

This is for Texas not Arizona.

Timothy Denison
Timothy Denison answered on Mar 12, 2021

Yes.

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1 Answer | Asked in Bankruptcy, Consumer Law, Business Law and Collections for South Carolina on
Q: Can uhaul hold me responsible for the debt of someone I've never met?

I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... Read more »

Timothy Denison
Timothy Denison answered on Mar 11, 2021

You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.

1 Answer | Asked in Contracts and Collections for Florida on
Q: Hello. I signed a contract with a Gym and I'm under 18. I want to cancel the membership and the contract with no penalty
Charles M.  Baron
Charles M. Baron answered on Mar 10, 2021

You didn't ask a question. I assume, however, you would like to know if you can "cancel" the gym membership without potentially being sued for the balance due on the contract. Minors have no legal capacity to enter into contracts (unless they have been legally emancipated). If you... Read more »

1 Answer | Asked in Collections for Ohio on
Q: I keep getting a call from what seems like a layers office. They are saying that I owe around $1,300.00 from 2016

They say it is from a payday loan but they won't tell me the name of the company. I did owe a couple of companies but I am sure I paid them off. When I ask they name of the company they just say cash store. I have no way to know if this is legit or a scam. They keep threatening with taking me... Read more »

Scott Scherr
Scott Scherr answered on Mar 10, 2021

There are so many scams out there concerning these "payday" loans. Tell them to only contact you in writing and demand proof of the debt. I bet you never hear from them.

1 Answer | Asked in Collections for California on
Q: I keep getting emails from debt collection agency saying I'm blacklisted and will get arrested today for a payday loan.

They want me to pay only by one vanilla prepaid card and I don't have this debt and I even checked my credit report and my bank too

Matthew Williams
Matthew Williams answered on Mar 10, 2021

That's a scam. First, you cannot be arrested by a collection agency. Second, legitimate debtors don't want to be paid with prepaid cards. Third, it is illegal to threaten to arrest someone in connection with a debt collection effort.

1 Answer | Asked in Collections for California on
Q: I keep getting emails from Debt Collection Agency saying I'm blacklisted and will get arrested today.

I don't have any debt from this collection and they want me to pay only by one vanilla prepaid card. I also checked my credit report and my bank and no record of this debt

Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

please contact a lawyer today and save all the documents you have received. these are violations of law and you will be entitled to damages.

1 Answer | Asked in Divorce and Collections for Oklahoma on
Q: I separated from my ex husband years ago but left the electric bill in my name am i still responsible for it?

hes passed away and left me with about $600 in passed due bills

Gary Johnston Dean
Gary Johnston Dean answered on Mar 10, 2021

You are still responsible to the utility company. If you ever file for divorce, remember to ask to be reimbursed for any amount that you paid.

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: How can I get my money back from a lawyer I feel has done nothing since hiring him half a year ago?

I paid $3000 to a lawyer who assured me of good things. My husband even denied a plea bargain with the state because this lawyer said he would and he can get a better one. But now he never answers and the state wants my husband to do even more time now. He now even has warrants that he didn't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

An attorney has an obligation to respond to his or her client, which in this case is your husband. Even if you were the one who originally retained the attorney, it should be your husband who is calling or texting. If you don't get responses in a couple of days then send an email. If you... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Collections for Nevada on
Q: Is there a lawyer that can assist with a pay day loan / hard money loan startup?

Need help obtaining a 604a license and any other items needed for the startup

Tim Akpinar
Tim Akpinar answered on Mar 4, 2021

A Nevada attorney could assist best, but your question remains open for a month. Given the Q & A format of this board, it could be difficult for a law firm to come forth and offer their services like in an attorney referral site. At this point, you could reach out to attorneys. There's a... Read more »

1 Answer | Asked in Divorce and Collections for Wisconsin on
Q: Can my fiance's charged-off debt come to me once we are married?

My fiance has a bad auto debt with his ex-wife. She got the vehicle in the divorce. However, failed to make the payments. The account shows on my fiance's credit report as Charged-off with a $0 balance.

Jane E. Probst
Jane E. Probst answered on Mar 4, 2021

Your fiance's premarital debt is her debt, and not yours. Any debt she brings into the marriage is hers. Absent a prenuptial agreement, any debt you accumulate during the marriage will be joint.

2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
Read more »

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1 Answer | Asked in Products Liability, Collections and Juvenile Law for Texas on
Q: Are recreational balisongs/butterfly knives legal?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

2 Answers | Asked in Collections for Florida on
Q: Scam email threats me over debt collection and go court and lose my job and try arrest me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 22, 2021

Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.

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