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Delaware Collections Questions & Answers
1 Answer | Asked in Collections and Probate for Delaware on
Q: Being sued in small claims court for deceased mother's debt. Can they file a judgment against me?

My mother passed away August two years ago. She had a house but was the only name on the deed. The estate was turned over by the state to a lawyer to be the executor and the house was sold in Sherriff's sale. There was no money in the estate. Her homeowner association is trying to sue my... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 23, 2017

Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!

Get a...
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1 Answer | Asked in Collections for Delaware on
Q: What is the statute of limitations on credit card debt?
Charles Snyderman
Charles Snyderman answered on Jun 22, 2014

Three years

1 Answer | Asked in Collections for Delaware on
Q: 2000:my old bank charged off $ I owed. 2001:I filed/got bankruptcy. 2011:bank bought my old one.Must I pay that $ to it?

In 2000, I owed Wilmington Trust $2100 when they agreed to charge it off. With the help of a lawyer, I applied for bankruptcy in late 2000. The Court approved it in 2001, with no obligation for me to reimburse my creditors. In the meantime, I had changed banks. A few months ago, another bank bought... Read more »

Charles Snyderman
Charles Snyderman answered on Jun 21, 2014

You should contact the lawyer who helped you file for bankruptcy.

1 Answer | Asked in Collections for Delaware on
Q: What is a summons is garnishment for to garnish bank accounts or pay checks?
Charles Snyderman
Charles Snyderman answered on Sep 30, 2013

A creditor who gets a money judgment can attempt to collect the amount owed by filing a wage attachment with the Court. The Court then notifies the debtor's employer that its employee

s wages have been attached. The employer must then deduct 15% of the employee's take home pay and send it to...
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1 Answer | Asked in Collections for Delaware on
Q: Does Delaware law limit the amount that can be charged as late fees ?
Charles Snyderman
Charles Snyderman answered on May 14, 2013

Please provide additional information. Who is charging you a late fee, and what documents did you sign?

1 Answer | Asked in Collections for Delaware on
Q: What is the time limit for debt collection? Can a bill collector collect a debt for another company 15 years old?
Charles Snyderman
Charles Snyderman answered on Feb 12, 2013

Fifteen years is beyond the statute of limitations. Keep in mind that the statute of limitations does not prevent a creditor from suing you. Instead, the statute is a defense that you have to raise. If you get sued, contact an attorney immediately.

1 Answer | Asked in Collections for Delaware on
Q: How can I dispute a debt collection claim?

I have been contacted by a debt collection agency that is claiming that I owe $14,000 on an old credit card debt that was originally $1,500. I have already paid more than $9,000 in a wage garnishment that I had for 3 years, which was handled by another debt collection agency (that one recently... Read more »

Charles Snyderman
Charles Snyderman answered on Jan 16, 2013

Contact a consumer law attorney. This should be relatively simple to resolve.

1 Answer | Asked in Collections for Delaware on
Q: What do you do when you receive summons from court of common pleas that has no court date

Failure to make payments on loan

Charles Snyderman
Charles Snyderman answered on Jan 10, 2013

The Summons would not have a date for trial. Instead, when you receive the Summons, you have 20 days within which to file an Answer to the Complaint. If you fail to file an Answer, a default judgment is obtained against you.

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