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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

James L. Arrasmith
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answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

1 Answer | Asked in Consumer Law, Small Claims and Collections for Rhode Island on
Q: received a voicemail saying I was being sued and to call a number.when I call it’s from a loan from 2020

It was from a company called zaca I had a loan for 900

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you're being sued, that generally involves receiving legal papers such as a summons and complaint. If you're the subject of a collection action, that could involve being notified by phone. You'd... View More

1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
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1 Answer | Asked in Collections for Louisiana on
Q: What can I do if i have a default judgment against me and i had no type of knowledge of this judgement against.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2024

You need to immediately discuss this with a lawyer in your area. Depending on when the judgment was signed you may have some appellate rights. If the time period has passed for you to exercise those appeallate rights then you have an option or two but it depends on what happened which would best... View More

3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

James L. Arrasmith
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answered on Mar 13, 2024

When a hospital files for bankruptcy, it does not necessarily mean that all of its outstanding debts are automatically wiped out. The specifics of what happens to the hospital's debts depend on the type of bankruptcy filed (Chapter 7, 11, or 13) and the court's decisions during the... View More

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3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2024

When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.

In that scenario, collections, even small-scale, of amounts which may be owed to the...
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2 Answers | Asked in Public Benefits and Collections for Missouri on
Q: Over the phone I was contacted by a Lawyers Group to offer me a Debt Hardship Program and all my debt would be in litiga

Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2024

What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More

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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

James L. Arrasmith
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answered on Mar 13, 2024

In Utah, you are allowed to record phone calls as long as at least one party to the conversation consents. Since you are a party to the conversation and you consent to recording it, you can legally record your phone calls with the debt collector and their lawyer.

Here are some steps you can...
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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1 Answer | Asked in Collections for Florida on
Q: Case File #: ACEUSA-AF03/016240595Balance Due: $980.76Dear Debtor,We are going to file a lawsuit in next 72 hours

at United States District Court 99 E Bro ward Blvd # 108, Fort Lauder dale, FL 33301, United States against your Name and SSN. After giving several notifications we did not received any response from your side. We will consider that you are ignoring this matter and you want to dispute. We are in a... View More

James L. Arrasmith
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answered on Mar 11, 2024

This message appears to be a scam. Here are a few red flags that suggest this is not a legitimate communication:

1. Threatening language: Legitimate debt collectors and legal representatives generally do not threaten immediate legal action without prior communication and an opportunity to...
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1 Answer | Asked in Collections for Utah on
Q: I’m trying to pay off a debt to a shady collections agency.

I’m trying to pay off the full amount of the debt for 1,703 the debt collecter sent me to their lawyer because I am being sued by them. She said that if I didn’t pay in full by today or Friday that she would charge me an extra fee of $350. I asked if I could get a written agreement saying I... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

This has all the earmarks of a collection scam.

First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and...
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1 Answer | Asked in Collections for Utah on
Q: I am being sued by a debt collection what do I do ?

Collection agency hasn’t served me but I know I am being sued. I’ve received papers from lawyers saying they will defend me from them. They only sent me papers of the debt I owe and it is mine for about $1,700 and they said I had until the 24th to respond but they filed a lawsuit. They are very... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 10, 2024

If you settle with them, pay the debt in whole or a reduced compromise amount, get the agreement in writing before payment. Have the agreement provide they must file a dismissal with prejudice.

As to the lawsuit, if not settled prior to the response time you must file your answer with...
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2 Answers | Asked in Collections for Kansas on
Q: limited action case from '07. in'14 it says case inactive. this week '24 they garnished my check. is this legal?

shawnee county kansas case number 2007LM020351

its a 2007 case. in 2014 in says case is inactive, then this week in 2024 they garnished my check. is this legal? what can i do about it?

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 8, 2024

This can be confusing, I'll agree. What likely happened is that the creditor obtained judgment against you. When the judgment is entered the lawsuit is over. Judgments are generally valid for a long time, in many states its 20 years. Usually, a garnishment is a post-judgment action - the... View More

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3 Answers | Asked in Collections for California on
Q: Is there a statute of limitations for promissory notes and personal guarantees for California residents?

I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008

James L. Arrasmith
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answered on Mar 6, 2024

In California, the statute of limitations for promissory notes and personal guarantees depends on whether the note is written or oral.

1. Written promissory notes and guarantees:

The statute of limitations for written contracts, including promissory notes and personal guarantees, is...
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3 Answers | Asked in Collections for California on
Q: Is there a statute of limitations for promissory notes and personal guarantees for California residents?

I have a promissory Note w/ Personal Guarantee for $270,000. The note was signed in 2008

Richard L. Grant
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Richard L. Grant
answered on Mar 6, 2024

Generally, Promissory Note with Personal Guarantee in writing has s Statute of limitations OF 4 YEARS FROM DATE OF Breach/Default of the Note. Usually, the Breach is the date when the note was defaulted, the date when a payment was not made or some term in the note was not performed.

Very...
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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Banking and Collections for Massachusetts on
Q: Can a creditor for a deceased person take money from a joint bank account

I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?

James L. Arrasmith
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answered on Mar 2, 2024

* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:

* Joint bank accounts typically have a right of survivorship. This means that when one owner...
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1 Answer | Asked in Business Law and Collections for New York on
Q: i have sold my cooperation to someone recently, and i have some people that i had money disputes with in that business

can that people still sue me for that?

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Note: I am not your lawyer and this is not legal advice. Additional information is needed regarding the natures of the sale of the corporation and the money disputes. For example, generally, a sale of a corporation can be structured for the transfer of the corporate shares, or for sale and... View More

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