Get free answers to your Collections legal questions from lawyers in your area.
Your current state is Ohio
answered on Aug 29, 2024
You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More 
I was served papers for a car accident in 2019 that I didn't know anything was still active on. My car was totaled, and paid for by insurance. I was under the impression that I was not at fault. I did not lose anything so I had no reason to look further into it, until now. Court date is Aug... View More
answered on Aug 27, 2024
A Kansas attorney could advise best, but your question remains open for a week. Court date - August 28th - that's tomorrow. Sorry, I wish I saw your question sooner. By now, you may have been in touch with other side to request an adjournment, or to discuss settlement, or other??
An... View More
My employer received a garnishment against me. I have already disputed this debt with the credit bureaus and had it removed and spoke with the collection agency and argued it is not my debt. I was on a lease with my mom and her boyfriend, because I was over the age of 16 I had to be listed on the... View More
answered on Aug 21, 2024
Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More
answered on Aug 14, 2024
Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More
I signed a student contract agreement that I didn’t realize stated that I could never cancel the program or withdraw. Additionally, they’re going to make me pay the loan even though the program hasn’t started yet and I will not be completing anything in the program.
answered on Aug 13, 2024
It is very hard - if not impossible - to get out of student loans/student contract agreements.
For example, student loans cannot be discharged even through Bankruptcy proceedings. Further, Louisiana law is clear that in contract disputes, the contract signed by the parties is the law... View More
It was a Medical Malpractice case. They did not respond in time.
answered on Aug 9, 2024
Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More
It was a Medical Malpractice case. They did not respond in time.
answered on Aug 30, 2024
If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.
Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a... View More
answered on Aug 7, 2024
A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More
I have been going through cancer treatments and have been on long term disability. The insurance co. made a mistake and are now wanting me to pay back $13800.00 + dollars and have threatened me with collections. Can they ding my credit when we did not enter into a credit agreement with them?
answered on Aug 9, 2024
Insurance companies can pursue overpayments. One option might be to discuss with your state's Department of Insurance in terms of your consumer protections and options, based on amount, nature, and timeline of overpayment. Good luck
Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
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answered on Jul 23, 2024
I agree with James L. Arrasmith, in part.
It is true that the IRS does not usually attach itself to the title of any asset (like your home) if you are not included on the title. However, if you have enforceable rights of ownership, and those rights bear an equity interest, then the IRS can... View More
Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
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answered on Jul 23, 2024
Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More
I have a very strong case to defend and not getting any answers now for 7 weeks.
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answered on Jul 21, 2024
If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More
Out to the collection co that has it now? I am 77 and didn’t know that they didn’t remove it and went to file papers to remove it myself and that’s when I found out they had sold it
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answered on Jul 21, 2024
You should reach out to the new collection company to understand the status of your debt and discuss your options. Since the original debt collector agreed to withdraw the judgment but then sold it, you need to clarify the situation with the current holder of the debt. Explain that the original... View More
i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More
answered on Jul 9, 2024
Thank you for your question!
If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you.... View More
It started about 3 weeks ago. They call once a day every day except weekends and holidays. I've been noting the phone numbers since it's almost always a different number, but most begin with 800. I looked up the numbers online and it indicates the same company. Further research gives... View More
answered on Jul 8, 2024
You should not answer these calls. Instead you should note the times and dates of the prior calls, and the numbers (this can usually be downloaded on your phone bill) and have an attorney prepare a cease and desist letter. If collection attempts continue after that, you may have a claim for money... View More
I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.
answered on Jul 8, 2024
There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should... View More
I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.
answered on Jul 7, 2024
A collection attorney could advise best, but you posted last week. It could depend on what "somehow got misspelled" means. If it means you gave clear written instructions with your address properly spelled, then you're in the right. If you and the office are blaming one another for... View More
Is this legitimate or a scare tactic to try get me to pay
answered on Jul 7, 2024
Apparently, the letters are from attorneys seeking to represent you, and such letters are not from Midland. If that's the case, no it wouldn't be a "scare tactic". Until you have been served with a summons, by the way, the case cannot proceed. You can check with the clerk of... View More
An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal
answered on Jul 5, 2024
Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.
Banks and financial institutions often ask their own customers to agree that, if the customer... View More
A judgement was obtained by Discover Card on ~ $6100 in credit card debt on Sep. 12th 2018 but I was not even aware of this until now when I received this document that states I have 30 days to reply. I own my own home that is in poor condition, and a 1999 Chevy Truck that is not currently running.... View More
answered on Jul 1, 2024
If you disregard a post-judgment interrogatory, most likely the judgment creditor will file a motion to compel. A judge will most likely order you to answer the interrogatory and award the judgment creditor additional attorney fees.
If you disobey the judge's order, the judgment... View More
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