Collections Questions & Answers

Q: student loan forgiveness

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
Call the US Department of Education

Q: about a stock purchased

1 Answer | Asked in Consumer Law, Banking, Collections and Stockbroker Fraud for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.

Q: regarding student loan

1 Answer | Asked in Consumer Law and Collections for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.

Q: If I have already made payment arrangements with portfolio recovery, Do I still have to attend a conciliation meeting?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
You should contact the court to inquire. It could very well be that Portfolio Recovery has already informed the court of the agreement, but maybe not. You can also ask Portfolio Recovery to cancel the court proceedings -- something things slip through the cracks. But short of the court telling you that the conciliation is canceled, you should definitely attend. In fact, if you attend and Portfolio Recovery doesn't, they'll likely dismiss the suit against you outright.

Best of luck...

Q: What if I paid and went to court last year but they just brought up another case saying I owe them again?

1 Answer | Asked in Collections for Tennessee on
Answered on Dec 28, 2018
Anthony Marvin Avery's answer
It is possible that you owe multiple Debts. Or it may be the same Debt being sold to other Collection Agencies. Hire a competent attorney to force them to prove their Account Cause of Action in Court.

Q: Small claims matter of $5000 owed by multiple people.Have texts showing they agreed to pay me back.Worth going to court?

1 Answer | Asked in Business Law, Contracts, Collections and Small Claims for New Jersey on
Answered on Dec 26, 2018
Leonard R. Boyer's answer
You should go to Court, but an attorney is not going to be willing to handle your cases, since it would not be cost effective. If you are really in such bad financial shape, why would you ever loan money to anyone?

Q: Can a judgement for a funeral bill attach a lien to your property if it is a low income unit?

1 Answer | Asked in Bankruptcy and Collections for New Jersey on
Answered on Dec 23, 2018
Leonard R. Boyer's answer
Yes, it certain can, after the creditor gets a Judgment against you. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Answered on Dec 22, 2018
Daniel DiCicco's answer
If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment than to just pay it. You could try to do it pro se. You'd have to have a fairly compelling reason to set aside the default judgment.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

Q: Will I be arrested at the airport if I fly into the country from abroad and I have a bench warrant against me?

1 Answer | Asked in Collections for California on
Answered on Dec 16, 2018
Stuart Gregory Steingraber's answer
Probably not. Bench warrants for failure to appear in civil matters are low on the Sheriff's priority list. Bench warrants for criminal matters are higher on the list. You don't say why you have a bench warrant outstanding so more information is needed to give you useful advice.

Q: Hospital #1 files bankruptcy. Hospital #2 buys them. Old collections hired by hospital #1 contacts me about old bills.

1 Answer | Asked in Bankruptcy, Collections and Health Care Law on
Answered on Dec 14, 2018
Timothy Denison's answer
Make them provide you with any documents you signed which indicate your indebtedness. Most go away after that request.

Q: Can a debt collector call my work and talk to HR?

1 Answer | Asked in Collections for New York on
Answered on Dec 14, 2018
Stuart Gregory Steingraber's answer
Generally, debt collectors are bound by the provisions of federal law, including the Fair Debt Collection Practices Act. If they do not have your home/cell number, it is allowed for them to contact YOU at work. Talking with HR about your indebtedness is not allowed. If they contact HR it can only be for them to transfer the call to you. Some nosy HR folks may ask who is calling? or what is this about? Then, the caller cannot disclose the nature of the call but can only ask to put their...

Q: Is there a limit as to how high an interest fee can be for a medical debt?

1 Answer | Asked in Collections for Texas on
Answered on Dec 14, 2018
Stuart Gregory Steingraber's answer
The amount of interest a service provider can charge is usually based on state law. Interest on loans may be lower than interest on services or goods sold. Check with a lawyer in your area. Some offer free consultations. Take them up on it.

Q: Can I get someone to collect on a loan if it was just a verbal agreement?

2 Answers | Asked in Collections for Michigan on
Answered on Dec 14, 2018
Thomas. R. Morris' answer
A loan generally does not need to be in writing to be enforceable under Michigan law.

Q: If a bill is from 1999 and the water comp wrote it off in 2005, can they ask for payment of same bill in the yr 2018?

2 Answers | Asked in Collections for Tennessee on
Answered on Dec 14, 2018
Leonard Robert Grefseng's answer
It sounds k=like the debt is barred by the statute of limitations- however that is only a defense in the event they filed a lawsuit against you. It does not prevent them form trying to collect the debt ( asking you to just pay it). If they add it to your current service, consult an experienced lawyer for advice on your specific situation.

Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to

2 Answers | Asked in Small Claims and Collections for Massachusetts on
Answered on Dec 14, 2018
Christopher Tolley's answer
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors

I am not as...

Q: How can I find if a lawsuit has been filed in NY Supreme Court.

1 Answer | Asked in Collections for New York on
Answered on Dec 13, 2018
Michael David Siegel's answer
Go on the New York State e-courts website and search for your name.

Q: Can you be charged for a lawyer that you never used, hired, talked to or had a meeting with?

1 Answer | Asked in Family Law, Collections and Juvenile Law for Michigan on
Answered on Dec 13, 2018
Trent Harris' answer
Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the judgment somewhere. $210 is pretty cheap to avoid having a criminal charge on your record which could prevent you from getting hired for employment, or getting an apartment. You are unlikely to win if...

Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?

1 Answer | Asked in Collections and Contracts for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.

Q: Are you able to place a lien on a worker's compensation claim in the state of Indiana?

1 Answer | Asked in Workers' Compensation and Collections for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.

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