T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.

As an attorney who handles closing, I understand your frustration. Sometimes the attorney who filed the lien no longer represents the creditor. Sometimes the law firm no longer exists. Sometimes the creditor no longer exists or has died. There are a lot of reasons why it would take a few weeks to... View More

Examine the court file and file a motion to set aside the judgment right away.

Your concern is justified (I do not mean about this particular collector, but collectors in general). You need to get any agreements in writing before you give them information or pay anything. You need to determine if it is worth your time to contest this. They often just do not care, and will... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

If you were awarded a sum of money in your final divorce decree based on a promissory note executed by your ex-spouse, you may have the right to file a lien against their home as a means to secure payment. However, the specific laws regarding liens and the enforceability of promissory notes can... View More

Yes it is legal; you can be sued where the debt arose or where indicated in the contract.

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders.... View More

Every company has different procedures that make it so the chances they have it are different. Many can access them easily, others cannot.

It depends on if you are a party to the case or not. If you are a party that may be sufficient notice. If you are non-party, you may be required to be served a subpoena. Service is usually required in a particular fashion. It is recommended you consult with an attorney, about this.

The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... View More

You were sued, you went to court on a final hearing, Plaintiff had no proof, and the judge did what? Did not enter a judgment against you? If what I described is accurate, the case is over. You cannot be sued again.

You would have to follow the Tennessee procedures to make the Georgia judgment into a Tennessee judgment. Once the judgment is "domesticated" into Tennessee, you can move for a writ of garnishment in that court. The place to start is the Tennessee statutes, more than likely online. You... View More

Hire an attorney to write a letter for you. The return address will be the lawyer's.

Block the number on your cell phone.

A Georgia attorney could advise best, but your question remains open for two weeks. And it looks like time is of the essence in your matter, where some form of action needs to be taken to avert things from getting worse. You could reach out to attorneys who handle collections/creditor's... View More

Yes, I think that would be a good idea.

You could pay the fine yourself to end the matter.

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),... View More

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2022

This is personal property that is marital property and must be determine in the terms of your divorce, either by agreement or by a judge's order.

Disputing the debt will not reset the statute of limitations. You should send a letter disputing the validity of the debt and explain once again that it is not yours and you have never lived in the state where the debt allegedly was incurred.