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Collections Questions & Answers
1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 13, 2022

In theory yes. Practically, not likely.

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: In Georgia, does responding to a collection notice by denying the debt reset the SoL clock for the debt?

Charter has sold an account of someone with my name, but living in a different state, that I've never lived in to collections agencies. I've disputed it multiple times and with all three credit agencies, but several months after dealing with one collections agency, it come back from a... Read more »

James W. Hurt Jr.
James W. Hurt Jr. answered on Apr 13, 2022

Disputing the debt will not reset the statute of limitations. You should send a letter disputing the validity of the debt and explain once again that it is not yours and you have never lived in the state where the debt allegedly was incurred.

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Michigan on
Q: What can i do if my former apartment forwards a false debt to a collection company?

My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... Read more »

Adam Alexander
Adam Alexander answered on Apr 13, 2022

I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... Read more »

2 Answers | Asked in Collections for Florida on
Q: I recieved a writ of garnishment letter on 4/11 from my employer but I never received anything from the courts .

I have lived in Florida for the past 4 years and this garnishment is from a court in Ohio, where I used to live. Don't I have to get something from the courts so I can answer to this .

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 12, 2022

When Final Judgment issues and the time for appeal runs, that is the end of the litigation, and the collection case is closed.

For good reason, most states do not require Judgment Creditors to file anything new in the closed case because that is like announcing to the world (and the...
Read more »

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2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... Read more »

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... Read more »

David Luther Woodward
David Luther Woodward answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
Read more »

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1 Answer | Asked in Collections for Michigan on
Q: Can a medical debt that was sent to collections in error be reversed?

Our adult son has a medical bill that was put on hold until a discount was discussed. He is self-pay. He never received a call from the person to negotiate and the bill was sent to collections.

Adam Alexander
Adam Alexander answered on Apr 11, 2022

I assume a debt collector has called you or sent you a dunning letter. If you received a letter, I suggest you dispute that letter in writing. Send a dispute letter by certified mail to the debt collector with as much detail as possible.

Keep in mind the time period before unpaid medical...
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1 Answer | Asked in Collections for Missouri on
Q: I am being sued by a debt collector. Can I respond in writing before court or do I respond in person at court?

I thought the original creditor dismissed this account as a hardship. I was surprised when a debt collector tried to collect on it, and now a different debt collector has bought the account and is suing to collect.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 8, 2022

If the case is in the associate division then your mere appearance at court constitutes a general denial of the allegations. If you wish to assert affirmative defenses, you must plead them in writing.

1 Answer | Asked in Bankruptcy, Estate Planning, Civil Litigation and Collections for North Carolina on
Q: If I received fair market value to execute a new deed adding wife, can the transfer be reversed as fraudulent in NC?

I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2022

Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.

1 Answer | Asked in Contracts, Collections and Probate for California on
Q: If only one of the defendants responded to a lawsuit, can plaintiff asks for a default judgement on the other defendant?

I sued a couple of persons, only one responded to the complaint.

Yelena Gurevich
Yelena Gurevich answered on Apr 6, 2022

Yes if service was proper and sufficient time has passed.

6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Tristan Brown
Tristan Brown answered on Apr 5, 2022

There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »

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1 Answer | Asked in Collections and Consumer Law for California on
Q: Do "open book" and "account stated" contradict one another? Creditor selected both on cause of action.

Also, if I ask for a Bill of Particulars for the open book, then what happens to the "account stated" action? Does the Bill of Particulars need to be filed with the courts or just sent directly to the plaintiff?

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

Plaintiffs are entitled to plead alternative and even conflicting causes of action, so it wouldn't matter legally if "account stated" and "open book account" contradict one another. A demand for bill of particulars is not permitted on an account stated cause of action (but... Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: If a creditor sells your debt to a collection agency, are they legally able to still accept payment on the debt?

(I have a debt in collections, however my apartment complex is getting paid through the state to take care of the debt so I am not sure how that works). The apartment complex already filled out the information to receive the money.

Joel Gary Selik
Joel Gary Selik answered on Apr 4, 2022

If they know longer on the debt, they cannot collect money on the debt.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm on ssd & over indebted myself to stay afloat and cant pay all my loans unless I go homeless. What can I do?

I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?

Timothy Denison
Timothy Denison answered on Apr 3, 2022

Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.

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1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... Read more »

Leroy Scott
Leroy Scott answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: What is a creditor's next move after they get a judgement against me? I live in NC.

My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 3, 2022

The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if... Read more »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Can a Trustee make you have your home appraised if you are filing bankruptcy but not including your home?

And can they (the Trustee) also have your home appraised?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

When you complete your bankruptcy Schedules, which ask you to list every conceivable asset you have, and you sign them under penalty of perjury, it is not possible to "not include" your house.

A debtor's opinion of its value is generally admissible as proof of value, to be...
Read more »

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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for New York on
Q: I filed for bankruptcy in December of 2021. Could the servicer foreclose on me in 2022?

I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... Read more »

Howard E. Knispel
Howard E. Knispel answered on Apr 1, 2022

There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).

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1 Answer | Asked in Collections for Louisiana on
Q: Received a Citation-15th Judicial District Court (studentloandebt) What do I do if can't pay in full to dismiss my case?

I received a Citation and being sued by my university for not paying my debt in full. It mentioned in the docket letter that I must pay in full amount (about 6k) which I do not have in my bank account. There are no other option of repaying my debt other than in full if I wanted my case dismissed.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 1, 2022

You can hire an attorney and see if the attorney can work out a resolution of your case with the suing party. Please note that since you have been sued and served with a citation, you have a certain period of time in which to respond to the lawsuit or the suing party can seek a (default) against... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I executed a new deed adding wife a year ago in NC. Can an unsecured creditor of my wife attach a lien or sever the TBE?

The debt was incurred while we were married but before adding her name to the house. The debt is a credit card. I plan on settling with them but in the meantime I don't want our house to be in jeopardy.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Mar 30, 2022

If the house is titled in both husband and wife names as "tenants by the entirety" or "as husband and wife", a judgment for money owed is not a lien on the property so long as the non debtor spouse is alive. Without seeing the deed itself, this is just general legal advice. If... Read more »

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