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 »
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 »
All the bills are in his name only - I had not signed anything.
answered on Mar 11, 2022
Generally speaking, you are not responsible for the debts of another person, even if its your husband's medical bills as in this case. Since they are in his name only and you did not sign anything personally guaranteeing payment, you are not responsible for that debt.
However, your... Read more »
The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.
answered on Jan 6, 2022
Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »
I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?
answered on May 11, 2021
If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.
they repoed it. is it legal for them to tresspasse on my property and tow my car from in my garage
answered on Feb 16, 2021
The first action you should take is call the police and explain in detail what happened, that is make a report. The police agency will decided if the action by the repo company was criminal
I filed a chapter 7 in 2/2019. It was discharged in 5/2019. During, I tried to reaffirm my auto loan ($48,000) so I could keep my car. Once the bankruptcy was discharged the guy at the bank stops negotiating. He then tells me he can't process the reaffirmation agreement anymore and to fill out... Read more »
answered on Oct 21, 2020
A Chapter 7 Discharge does not discharge a secured debt, up to the fair market value of the collateral. In other words, your bank has a lien on your car to the extent, and in the amount of, its fair market value.
But if the loan balance is greater than the car's value, so that there... Read more »
More specifically the disposition of the claimants involved and possible settlement information.
without my consent and the collection agencies are coming after me.is this a small claims court? is this a divorce issue?? is this a fraudalaunt? is this criminal? please help
answered on May 4, 2020
It may be a criminal matter if credit cards were really opened without your knowledge/consent. You can report this to the local police. If this was done by your spouse, you can also deal with it in the divorce. You should get a lawyer to help you with this.
It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.
answered on Sep 17, 2019
Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.
Have you considered BK to eliminate the debt?
I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?
answered on Jun 28, 2019
Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the... Read more »
I work at this bank and my position as been threatened if I don't pay this loan, which I cannot afford. I can hardly look the president in the eye anymore. Up until my husband passed, I've been held in high esteem by the president and the board. The bank was poorly underwritten and had... Read more »
answered on Oct 29, 2018
Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.
As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money,... Read more »
The attorney only asked for $5,000 in attorney's fees in court, and court ordered that I pay attorney's fees under C.R.S 13-17-102 when I have been prose and with harsh assumptions with no facts and disregard to my pleadings to include evidence. I am on disability from work and have no... Read more »
answered on Apr 13, 2018
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The... Read more »
My husband did not have insurance and spent the night in the hospital. Now they are trying to garnish my wages.
answered on Mar 22, 2018
The rules for determining which spouse is responsible for what debts incurred during the marriage vary between states and largely depend on the type of debt incurred. CO is a separate property state (not a community property state) which means that you are not legally responsible for your... Read more »
Car and as payment for 4 months he lived with her. (Long story short, he's a drug and alcohol addict and she took him in during his latest relapse). He verbally told me over the phone that he "gave" it to her and told her the same. Her housemates were there and also heard it referred... Read more »
answered on Dec 14, 2017
She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.
Now that she is older is there anyway I can be taken off of these loans because I have my own school loans that I'm paying back?
answered on Sep 8, 2017
Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.
answered on Aug 3, 2017
If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit... Read more »
We payed her startup fee and 1800 for her inventory and we are having her move out and are almost positive we will not be payed back and would like to take the product so that it can be returned to gert our money back.
answered on Jul 12, 2017
Absent a written agreement there is no definite course of action for either party. A lot turns on the specifics of the situation. For this you will need to pay a lawyer for their opinion.
He is a personal injury attorney who is contacting me about a friend I supposedly owe money to. He even sent me a text asking for my address. I doubt he has a fee agreement with the other party but it feels like harassment at this point. I'm not trying to sue him but can I make a complaint to... Read more »
My name is on the lease agreement, however I am not the co-signer. My credit is in good standing, but I have heard that a default on rent payments is very negative towards credit score. Is this true, or will my credit score be unaffected since the co-signer is obligated to pay the remaining rent... Read more »
answered on May 18, 2017
Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly... Read more »
answered on May 11, 2017
There is a defect in service, however you clearly were notified despite the incorrect personal service. As a result, there is no definitive answer. A lot will depend on the judge and the actions of the two parties.
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