Get free answers to your Collections legal questions from lawyers in your area.
We are in our 7th year of a total bankruptcy charge off, which did included the mortgage on the house which we lived in.
I recently ran my credit report and saw where the mortgage company has recently placed a negative hit on my report for not paying "late payment" bills that they... View More 
answered on Jan 23, 2018
A mortgage is a secured debt that does not get discharged in bankruptcy. Was there an unsecured portion that was discharged and they are now trying to collect or are you referring to the secured amount? You should consult with a bankruptcy attorney first, to determine whether the debt they are... View More
had a medical bill of $3,200 back in December 2015. Set up a payment plan as I was unable to pay it in full. Paid 2 payments (on time) and it was never deducted off of the total (never marked as received although the $400 was taken out of my bank account and I have proof) and it ended up going to... View More
answered on Jan 18, 2018
From you post, you state you owed $3,200.00 agreed to make payments and made only two payments and then apparently failed to pay and went to collections. Unless there is more details, your credit report correctly reflects that you owe the debt. If you are wanting the credit report to show that... View More
i had an predetermined cash price for a specialist doctor visit since i could not afford to pay full office price . upon completion of visit i paid in full for that visit. i since have received multiple bills with different pricing that i still owe for visit. i have tried contacting , but got... View More
answered on Jan 18, 2018
There is not enough information to say what course of action you should take. Your steps so far seem reasonable you just have to be persistent to argue your position to the proper party at the doctors office.
Good luck.
A debt collector just contacted me saying they acquired my debt, and want me to respond. 1)How long do they have to collect?
2) What are my options??
Thanks!
Thanks for the response(s). It was a judgment for money, but the amount they are seeking is ~$17k more than what the... View More
answered on Jan 16, 2018
There should be a judgment for money, not merely for foreclosure. Assuming there is a judgment for money, or an order for the same, and is registered as a judgment, then the debt collector has 20 years to collect the judgment.
answered on Jan 15, 2018
It's possible you could receive a 1099 for the difference of the amount you owed and the settlement amount. That difference is taxed as income. Talk to a tax professional.
answered on Jan 12, 2018
Yes, unless ypu jave told.them not to.do so. They cannot reveal to anyone else at work who they are, why they are calling, etc.
They're asking me to pay back $6128.23 which I will have a difficult time paying. Their interest rate was ridiculous amount to begin with as I had less than great credit to begin with. I had it voluntary repossessed because I could no longer afford the payments as I had recently become... View More
answered on Jan 11, 2018
If you want to avoid a judgment, yes, you have to pay it. If you dont care, dont pay it. Your credit will continue to be damaged with a judgment, and you may be subject to a wage or bank garnishment.
I don't want my wages to be garnished. Please help. Thank you.
answered on Jan 4, 2018
Quite simply, you have 20 days after service to file a response with the court to avoid having a default entered against you. If you take appropriate steps, you should be able to defend or settle the case. Wage garnishment can be avoided.
Also, if they admitted to a crime in the text messages, can this be used to testify against them?
answered on Dec 13, 2017
Yes, text messages are admissible as evidence under those circumstances.
answered on Dec 6, 2017
The Fair Debt Collection Practices Act "FDCPA" prohibits debt collectors from contacting debtors at inconvenient or unusual places. Some workplaces, by their nature, are inconvenient places for debtors to take collection calls. If it's inconvenient for you to take calls at your job... View More
The letter says they "have been retained to collect" an outstanding balance and "an attempt to collect a debt."
answered on Dec 4, 2017
If you believe the debt is not owed, you should notify them in writing to verify the account. If the debt is owed, you will want to negotiate a payoff or installment plan so you can avoid getting a judgment against you and your credit. If you do not have means to pay and you have lots of debts,... View More
Now she is getting sued by the collection agency and received a summons to appear for a pre-trial conference. What can we do to help her as she has no available funds to pay the $2800.00 plus fees on this unsecured loan. The summons states she has to go or have an attorney represent her at this... View More
answered on Dec 1, 2017
You could go with her. Pretrial in small claims court is mediation. Do not fail to appear or you most likely will be held in default. Your goal - show that she is judgment proof. Social security payments can be exempt. Do not comingle funds. You may be asked to consent to having a judgment... View More
A friend, Andrew, told me that somebody, Bob, was demanding money from a bill they incurred over a year ago. Bob was allegedly using profanity and making threats to garnish Andrew's wages. I told Andrew that he should have said something to the effect of "you can pick up the check from... View More
answered on Nov 18, 2017
Only if it was a credible threat of sexual battery (i.e.: rape). I don't see what you suggested he say was anything like that.
answered on Nov 10, 2017
"Motion for Interest" perhaps. But the bigger question is why do you want to add interest to the traffic tickets you have to pay?
this lawsuit is over a supposedly defective piece of equipment that no one could ever find any issue with the equipment. customer continued to use to equipment every day, my main question is, my former employer eliminated my job in Feb, 2017 and as well terminated me. i was paid 6 months severance... View More
answered on Nov 10, 2017
Unfortunately, the subpoena is a court order and you must appear, regardless of your feelings.
How do I remove a "paid" collection account from my credit reports? I need removed to purchase a home! I have reached out to the credit companies and they refer me back to the company that placed this on my report. I've reached out to Comcast who placed this as "paid" on my... View More
answered on Nov 8, 2017
This situation is covered by the Fair Credit Reporting Act. File a dispute letter with the credit reporting agency. If they don't correct the error, you have the right to sue both the furnisher of the information and the credit reporting agency.
Our LLC loaned the money to their LLC. They signed a Promissory Note. They agreed to $5,500 with interest from 4/20/15 on the unpaid principal at the rate of 12% per annum. They are a construction contractor so In lui of interest on the first six months they agreed to provide labor to complete... View More
answered on Oct 27, 2017
Your only recourse is to file a lawsuit on the promissory note in county court to collect the funds, or get a judgment that will entitle you to collect the funds. You will need to hire an attorney in your area to file the lawsuit as you are a corporation.
State of Florida
answered on Oct 19, 2017
Typically the repo group just needs to not breach the peace or damage property. If you did not pay for the vehicle they have the right to take it back. From
What you say no laws broken here.
answered on Oct 18, 2017
There is no "proper way" to settle a judgment. You should negotiate with the debt collector. Tell them about the strong points of your position and the weak points of theirs. Then, make an offer. Let's see if they respond.
I made 2 payments they are not being accounted for. I do have proof of payments. What would my response fall under on the form??
answered on Oct 17, 2017
If you are being sued for an amount that is in excess of what you owe, then you can sue for violations of state and federal fair debt collection practices.
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