Get free answers to your Collections legal questions from lawyers in your area.
I have an open probate in Florida for which I am the personal representative. The estate is owed $1,700 from a country club. They have yet to acknowledge any attempts to collect this debt. We have no one in the Florida area, so small claims does not seem to be an option. The cost of using the... View More 
answered on Sep 13, 2020
Depending on the basis of the claim and if you have a contract providing that the prevailing party gets awarded attorney fees, you might consider that option. Or you could assign the claim to one of several debt recovery companies that pursue small claims cases all the time. But, if all else... View More
Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... View More
answered on Sep 10, 2020
Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... View More
I won a judgment in a small claim court. However, the defendant refuses to pay. What I can do? The defendant has a real estate property, but she put an enhanced life estate deed after she was notified of my intentions to sue her.
Should a file a Notice of Lis pendens with the Clerk of the... View More
answered on Sep 9, 2020
Read the Florida Small Claims Rules, which are on-line. There are rules and associated forms for demanding the judgment debtor to disclose her assets, including bank account data, so that you can then attempt to garnish her account. Many such debtors will not comply with the disclosure demand, in... View More
I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income
answered on Sep 8, 2020
You may be able to work something out with the clerk's office to get a clearance on your license. That may all depend on the number of cases that are pending and the locations of the tickets issued. Or, you may wish to contact a lawyer.
If you offer a lump sum in an amount less than the final judgment and the landlord agrees swill that satisfy the judgment?
Messenger also texting daughters. Also saying attempt to get a signature need address verification. 2 days ago we all got a private voice mail from a gentleman saying he had papers sealed for me to sign he would be her in 45 minutes, I waited 2 hours, no show, then late a text message asking if I... View More
answered on Aug 21, 2020
Sounds like a scam. No legitimate business operates like this. NEVER give them your information, because that's what they want.
I have written a letter to the judge with no response.
answered on Aug 7, 2020
Pay the fines or hire a lawyer to file the appropriate motions...good luck!
answered on Aug 5, 2020
Leaving a state has nothing to do with owing a debt. All debts continue to exist forever regardless of where the debtor lives. If you are trying to shorten the SOL by relocating to another state you are probably wasting your time and giving more money away. If it was that easy nearly every debtor... View More
So their for I had no knowledge of owing it. I guess I’m trying to figure out how that’s remotely possible? I was never served either. So this totally makes no sense to me. Since the SOL has run out. Another thing I’m curious to know about, if they were to take me to court and they make me... View More
answered on Aug 3, 2020
If you are sued, please hire a lawyer. Otherwise, let it go.
Services rendered supposedly in 2010, but they sent the bill to collections in 2011. However, no payments were made whatsoever. No one knew it exited. Because no action was taken.
answered on Aug 3, 2020
How many times are you going to ask the same question?
The statute of limitation begins to run when the last action needed to make a good cause of action accrues. Generally usually normally, this means the last time a payment was made. While there are circumstances which can pause the... View More
The sol has been expired for 5 years. No contact has been made from the collator until last week.
answered on Aug 3, 2020
Be careful: The normal SOL on an unpaid debt is five years; however, it is the EXACT date that counts when figuring the SOL date. Some people make the mistake of counting the years instead of starting on a exact date an extending it out for exactly five years from that exact date the last payment... View More
It’s way past the statute of limitations
answered on Aug 3, 2020
If you have not paid it and you did not get a judgment against you then it is likely that the Statute of Limitations (SOL) has expired, if they file a lawsuit then you would use SOL as your defense to dismiss the case.
It’s from 2010.
The medical bill is from 2010. No one has reached out to us in the past 10 years. No calls, paperwork, nothing happened. We bought a house and have no derogatory marks on his credit report.
answered on Aug 1, 2020
No. Someone would have had to make a payment to extend the SOL. Yoir wife cannot agree to extend the SOL.over the phone. It appears the SOL long passed on this debt.
6 years ago, I broke a lease. My roommate and I were both on the lease. The apartment company came after me with the full amount. I paid half. The full amount was still listed in my credit report. My roommate contacted them and they discharged the full amount. The debt no longer shows on my report... View More
answered on Jul 15, 2020
A Florida attorney could advise best, but your post remains open for two weeks. It looks like you already have good legal insight into your matter, and it looks like you essentially hit the relevant practice areas of law you need. An experienced collections defense attorney should know what to do... View More
The loans haven't been paid since 2014, but the loan holder (I'm the cosigner) has put it in forbearance for various reasons including a bankruptcy attempt. I heard the statute of limitations is about the last time you "acknowledge the debt." Someone else said "5 years... View More
answered on May 27, 2020
In order to get a definitive answer that can be relied on you will have to show all the controlling documents to a very experienced business contracts and banking lawyer and pay them to answer this unusual question.
I quick claimed the deed to property to the borrower / note holder. Am I responsible if forclosure takes place? I am on the mortgage but not the note.
answered on May 19, 2020
If the property goes into foreclosure, you'll be a named defendant. If you never borrowed money to purchase the property, you won't be liable for any deficiency.
They called today and said they just realized this. I have been getting notices every month saying the payment was made. But now they tell me I wasn't making it and want me to pay it all back. I'm devastated. I need a new car and will have to make two payments. I have lots of out going... View More
answered on May 5, 2020
What's your question? In round numbers, somebody paid 36 months of your loan payment, and in 36 months you never realized that the payment wasn't coming out of your account? Yes, you need to pay it back. You never paid it in the first place.
answered on Apr 24, 2020
That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited... View More
When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... View More
answered on Apr 6, 2020
Do you have a copy of the contract that you signed? If not, get a copy and go from there.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
