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Collections Questions & Answers
1 Answer | Asked in Estate Planning, Collections and Probate for Oregon on
Q: What is the legal process to gain legal authority to act on deceased behalf when there is no will and no estate?

My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2020

I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an experienced... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... Read more »

1 Answer | Asked in Collections for Maryland on
Q: Is small claims the best venue to file for security deposit return if amount collectable by law (Maryland) is over 10k?

Three times security deposit amount, plus interest and attorney fees may be granted if security deposit is not returned 45 days after the end of the tenancy and landlord stopped communicating.

Mark Oakley
Mark Oakley answered on Jan 19, 2020

In Maryland, any lawsuit not exceeding $5,000 is a small claims action. Above that amount it is a large claim and the formal rules of evidence apply. A judge is not required to award three times the security deposit. It is discretionary, so you may claim that amount and receive less.

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... Read more »

1 Answer | Asked in Collections for Pennsylvania on
Q: Can I settle debt with a collection agency directly, or do I need to go through the court if already served papers?

A debt collection agency is taking me to court for $2,200. I was served papers and was advised I had 20 days to enter a written appearance. Can I attempt to settle this out of court with the collection agency directly, or do I need to go through the court?

Cary B. Hall
Cary B. Hall answered on Jan 16, 2020

You can do both, but you can't ignore the court unless you want a default judgment against you in the full amount sought. Adhere to all court deadlines, but at the same time (and if you like), try to negotiate with your creditor (or its agent, whoever has filed suit against you). If something is... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has agreed to accept the total... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?
Kevin M Ryan
Kevin M Ryan answered on Jan 15, 2020

After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to "serve"... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

2 Answers | Asked in Collections and Small Claims for Florida on
Q: Years ago I lent some money to a friend. He vanished and recently discovered he is a paralegal in Montana.

The loan was made in California. I live in Florida now. He is Montana. I have sent by certified mail and certified email. I know he got the correspondence. I have offered him payment plans. I have asked him to contact me if there is some issue. He continues to ignore me. I doubt there is much I can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2020

You're probably right: there doesn't appear to be anything you can do. You would have to sue him in either California or Montana, and the statutes of limitation in either of those states are probably less than 10 years.

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1 Answer | Asked in Collections for Massachusetts on
Q: Plaintiff has filed a voluntary dismissal without prejudice. Can I file an objection?
Christopher Tolley
Christopher Tolley answered on Jan 13, 2020

If your objection is that the dismissal is without prejudice I do not think a judge will allow it. A dismissal with prejudice is an adjudication on the merits. Judges are reluctant to dismiss with prejudice when there has been no engagement on the issues of the case. (I assume the case has not... Read more »

1 Answer | Asked in Collections for Michigan on
Q: I was released from garnishment on 10/21/2018, but started to garnish accounts and payroll again. How to proceed?

I received a Garnishment Release, case No. 079564GC. "Garnishment on 4/13/2017 is withdrawn on 10/31/2019. Amts withheld by garnishee on or after 4/13/17 shall be returned to defendant and further witholdings shall be discountinued." But on 11/15/19, a garnishment was served and all checking and... Read more »

Adam Alexander
Adam Alexander answered on Jan 13, 2020

I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued? I need to know that to advise you how to proceed.

Regarding the exempt proceeds, I suggest you consult with a credit defense lawyer to review the exemption and discuss a potential FDCPA suit.

1 Answer | Asked in Collections for New York on
Q: I'm being sued by a debt collector and have no assets no income in about to lose my apartment.

I'm looking for a way to respond to the summons as I cannot afford a lawyer and time is running out.

Michael David Siegel
Michael David Siegel answered on Jan 10, 2020

Go to the court. The clerk will help you with the form.

1 Answer | Asked in Car Accidents, Civil Litigation and Collections for Texas on
Q: Hi, I am 17 years old. Debt collectors contacted me today saying I needed to pay off a debt. Is charging a minor legal?

I bumped into an ATT company vehicle 6 months back. My grandfather’s name was on the vehicle and he cancelled the insurance without telling me, so I thought I was driving an insured vehicle. I received a bill in my name for nearly $2,500 a month after the accident and contacted ATT but never got... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

They may not be able to collect now but can later. Did you or your parents have insurance? That may cover this.

1 Answer | Asked in Civil Litigation and Collections for Nebraska on
Q: I owe $7000 for damage in an auto accident. Told the collection agency I can pay $100 per month. All I can afford.

As long as I am giving them something, they gave to accept it. Is this correct?

James Polack
James Polack answered on Jan 9, 2020

Under Nebraska law the insurer or their collection agency can sue you for the $7,000. If they get a judgment they can typically garnish 25 percent of your wages if you are not head of household, 15 percent if you are head of household, and they can garnish 100 percent of your bank account unless... Read more »

1 Answer | Asked in Collections for Michigan on
Q: what does it mean default request entry and judgment sum certain ?
Trent Harris
Trent Harris answered on Jan 8, 2020

If you have received one of these in the mail from a court with signatures on it, it means a default judgment has been entered against you in a lawsuit. Look to see who the plaintiff is in the case caption, and see if it's a person or business you recognize.

If you believe this should not...
Read more »

1 Answer | Asked in Collections and Consumer Law for New Jersey on
Q: New Jersey IF a collection co sues me and wins judgement...

1. Can they update payments made on the judgment on my credit report as collections updating a collections account?

2. If other collections are being reported as updated payments being made when no payments have been since before 2012 be still reporting on my credit report?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 6, 2020

Depending on your overall financial situation, filing for Bankruptcy may be a better alternative. You should consult with an experienced bankruptcy attorney.

1 Answer | Asked in Contracts, Collections, Intellectual Property and Small Claims for Minnesota on
Q: Best way to go about this

I bought my stepmom car for 2000.. and today she showed up with the police claiming that I never paid her anything and she wants the car back. She had the car towed off my property...

I have text messages from her saying the price of the car, me giving her mom, and are agreement... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

consult a local attorney, you can try this in small claims depending on your jurisdiction

make sure you have all documented and printed for presenting to the court

1 Answer | Asked in Collections, Contracts, Real Estate Law and Small Claims for Massachusetts on
Q: does a homestead act on a home in mass prevent a contractor collecting money if homeowner refuses to pay final bill

I completed a foundation replacement on a property to stop the house from collapsing and the home owner is refusing to pay there final bill even tho the job passed all state inspections upon completion

Christopher Tolley
Christopher Tolley answered on Jan 2, 2020

The Homestead Act itself does not. It may impact your ability to lien the house, however.

1 Answer | Asked in Criminal Law and Collections for Louisiana on
Q: Are you required to continue to pay a monthly supervision fee after becoming incarcerated?

I paid all my monthly fees while out on probation. I actually paid 75$ a month, whereas i was only ordered to pay 63$. I was was let off early for good behavior & was told all my fees were paid up & i was done. Shortly after i get a Governors Pardon. Then a bit later, i begin getting letters saying... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 29, 2019

They're not and you don't owe it. Send your P.O.a copy of proof.of.period of incarceration.

1 Answer | Asked in Family Law, Civil Rights, Collections and Gov & Administrative Law for California on
Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest

my children's mother has a new child with the relative of a judge believed to be in the family law division.

Mike Darlington
Mike Darlington answered on Dec 25, 2019

Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.

If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might...
Read more »

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