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Collections Questions & Answers

1 Answer | Asked in Collections for Florida on

Q: What happens if I fail to apear for a smalls claims mediation in Lake County florida

Phillip William Gunthert answered on Jun 26, 2019

They will get a default judgment most likely and they win, then they will start the process of trying to find out about your assets and work towards trying to garnish your accounts and employment pay. It is advised that you attend the mediation, do not let them bully you, do not sign anything you... Read more »

1 Answer | Asked in Collections for New Jersey on

Q: Does the Servicemember Civil Relief Act apply towards post judgment interest rates?

Stuart Nachbar answered on Jun 25, 2019

I do not believe so. While it does protect against default judgment, and it does force creditors to only charge a 6% interest (cap), being that Post Judgment Interest Rates are not that high, I would not think so

1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for Florida on

Q: Collections company is seeking $2000+ for carpet replacement from 08/2016-08/2017.

We were at an apartment complex from 08/2016-08/2017. Before and after the lease we completed the inspection form and noted the status of the carpet (hard, in need of cleaning, stains). After we moved out we gave them our new address and went on with our lives just thinking we'd never see our... Read more »

Bruce Alexander Minnick answered on Jun 25, 2019

The amount of money involved is worth hiring a lawyer to review your old lease and the documents being provided by the collection company, and any other written documentation favorable to your case (like a copy of the "notifications" of the terrible condition of the carpet when you moved in). Some... Read more »

1 Answer | Asked in Contracts and Collections for California on

Q: Can a time share company from Mexico can sue me in the US for not paying maintenance fees?

A few years ago we made the mistake to buy a time share in Mexico that we paid in full; a few months later tried to cancel the contract but the company never accepted to get our money back or cancel the contract. Every year they try to get money from us because we supposed to pay maintenance fees.... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

Yes, Mexican timeshare companies can sue you in the US. However, I am wondering whether you purchased your timeshare from a Mexican timeshare company--or (more likely) from an American timeshare company that sells timeshares in a timeshare property they own down in Mexico. But it really doesn't... Read more »

1 Answer | Asked in Collections for New York on

Q: How can I collect my debt from a landlord against whom I won the court case (re: Karaduman v Grover)?

Benjamin Z. Katz answered on Jun 20, 2019

I would need more information to give you proper advice. If you receive a Money Judgment against someone, there are several methods to collect, especially if the person owns property, has bank accounts or is currently employed.

1 Answer | Asked in Collections for New York on

Q: How long can a Dr. hold an un paid Bill against you ? They have black listed me , trying to get my knees and hip done

Michael David Siegel answered on Jun 19, 2019

A doctor does not have to treat you, unless required by your insurance plan. This is true even if there was no bill outstanding. But that is a reason not to treat you. I would not represent a client again who stiffed me.

1 Answer | Asked in Family Law, Real Estate Law, Child Support and Collections for North Carolina on

Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be

taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... Read more »

Angela L. Haas answered on Jun 19, 2019

Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without filing a... Read more »

1 Answer | Asked in Collections for New York on

Q: My bank account has a legal hold from a collection lawyer. I got never served with notice of entry of judgement. Can

Can i file motion to show cause to vacate the judgement

Michael David Siegel answered on Jun 17, 2019

Yes. But you must show that you were not served and that you have a meritorious defense.

4 Answers | Asked in Bankruptcy, Banking and Collections for California on

Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?

Since it is a joint debt, can we exclude it from the BK and continue making payments on it?

We want to keep her strong credit completely clean.

Is there any reason to close the joint account?

Timothy Denison answered on Jun 17, 2019

Take her off all accounts if you want to keep her credit strong.

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2 Answers | Asked in Contracts and Collections for Maryland on

Q: Is it legal to garnish my pay check for a broken lease that I signed in 2003, now in 2019?

I signed a lease March 2003 for move in date April 2003 I wrote a letter stating I would not be moving in the appointment was still rented out that April to someone else. 2012 the rental company came after me for payment, then again I’m 2015 now I’m 2019 my check is being garnished for this... Read more »

Bruce Alexander Minnick answered on Jun 13, 2019

Unless you are omitting salient facts the answer is no. Challenge it.

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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on

Q: Should I respond to a civil lawsuit or just wait for my hearing.

Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »

William John Light answered on Jun 12, 2019

You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »

1 Answer | Asked in Criminal Law, Collections and Elder Law for Florida on

Q: my mom lives in Delray and was taken advantage of by painter . They took her money but did not finish. Who can help us?

I cancelled the job when my mom got sick and they agreed to it and was supposed to refund her money. That took 3 months of text messages that I have copies of. She never got her money. They talked her into doing the job when i was not consulted. They charged her extra for a shower door and did not... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Hire a litigation lawyer and sic them on the thief.

1 Answer | Asked in Small Claims and Collections for Tennessee on

Q: I have been served with a summons to court for a debt from a flex loan. Do I need to file an answer for it?

The paperwork doesn’t have a date to file an answer by it just states “to appear before the general sessions court of ... on ... and then there to answer in civil action brought by ...

what is an answer and how do i write it? Do I even need to do so? There’s already a payment... Read more »

Anthony M. Avery answered on Jun 11, 2019

You have to go to Court. Be on time and respectful. If you dispute the debt, say so. The Plaintiff will probably continue it to produce evidence and/or testimony.

1 Answer | Asked in Consumer Law and Collections for Mississippi on

Q: How much is a late fee on your water bill

Timur Akpinar answered on Jun 11, 2019

Whatever is charged by your municipality, as lawfully permitted by applicable public service commissions.

Tim Akpinar

1 Answer | Asked in Collections for California on

Q: Should I file a response to a Civil Lawsuit

Me and my wife were served a summons for a unlimited civil case in California. This is for an outstanding hospital bill from October 2013. The insurance company issued a payment to my wife but only for a partial amount because she was taken to an out of network hospital. We signed over this check... Read more »

Barak J Berlin answered on Jun 10, 2019

It sounds like you need to file an answer. You only have thirty days after being served to do so. You may have a defense based on the statute of limitations. You may also have a claim against the collection agency. You may be able to get a free consultation. Go to the National Association for... Read more »

3 Answers | Asked in Bankruptcy, Foreclosure and Collections for Oregon on

Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?

I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?

Mr. Michael A. Shurtleff answered on Jun 9, 2019

Yes. Call a BK attorney in the morning

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1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Federal Crimes for New Jersey on

Q: Adp mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll

mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll accurately. Payrolls were voided immediately (proof can be provided by adp)

But taxes and paycheck monies were drafted out of my pnc account totaling over 200k my bank was... Read more »

H. Scott Aalsberg Esq. answered on Jun 7, 2019

You really need to seek an in person consultation where the attorney can see all the paperwork to give you a proper answer, but expect to pay for the attorneys time as that is not part of the normal criminal free in office consultation.

1 Answer | Asked in Contracts, Real Estate Law and Collections for Washington on

Q: ray klein, Inc has a judgement against me for over 20000.00. its been since 2003? first ive heard. did a name search

haah thanks to a wonderful lawyer on here, I found out it was on me. Same name different person

Bruce Alexander Minnick answered on Jun 6, 2019

Maybe it is because I am a lawyer, but I do not think it that unusual for a very large credit services corporation in business since 1970 to have "had 44 lawsuits in the last 10 years." But I certainly do find it unusual that you just found out about a judgment entered against you some 16 years... Read more »

2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Leonard Robert Grefseng answered on Jun 6, 2019

If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Iowa on

Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).

I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... Read more »

Michael Hales answered on Jun 5, 2019

If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on the fee... Read more »

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