Get free answers to your Collections legal questions from lawyers in your area.
I have a phone call scheduled with a lawyer over a debt collection. He said he's going to ask me what property I own. Will they consider taking my dog?
answered on Sep 9, 2024
Legally, yes. A dog is property. As a realistic and practical matter, no. First, a dog has to be fed and sheltered. No creditor is going to take a dog only to have to care for it. Second, the purpose of taking property is to be able to sell it to pay some or all of the judgment. Your dog isn't... View More 
I traded my van in for down payment if I still owed at the time why would they let me take the car and in 1 week they repo it they never sent me notice or anything
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answered on Mar 20, 2024
If your car was repossessed and you believe it was done unfairly or prematurely, it's crucial to review your loan or lease agreement closely. These documents should detail the terms of your payments and the conditions under which repossession can occur. If your payment was not due until March... View More
Was a loan agreement in someone else’s name. Is this a valid suit/summons?
answered on Nov 16, 2023
If you were named as a defendant, the case is valid but you have a defense that it is not you that owe the debt. If it was simply a mistake by the attorney that could likely be fixed in litigation.
I have a collection account from an overdrafted bank account and the balance shown on my credit report is what I assumed I would pay however the collection agency says there's almost $400 in interest to pay it in full. Since it wasn't a loan with a preset interest rate should I still have... View More
answered on Jul 7, 2023
In most states, prejudgment interest accrues as a matter of law on an unpaid balance. Whether this is true for Idaho, I don't know. You'd have to check Idaho law.
answered on Nov 8, 2022
Probably but you might be able to sue in Idaho. You should consult an Idaho lawyer with your promissory note or contract to determine where you can file suit.
We live in Idaho and I owe over $50,000
answered on Oct 25, 2021
No. Restitution is not a "joint and several" obligation unless there are more than one defendants who create the restitution issue through crime. Restitution is personal. It does not pass legally like another death might.
Lease holder left truck here during bankruptcy which was complete about 6 months ago. He and I have each contacted the owner (Chrysler corp) several times and requested it be picked up. Each time they say yes but fail to collect it. I would like to be paid for storing the truck or put a claim... View More
answered on Oct 1, 2021
I would try contacting the local Chrysler/Dodge dealership and see what instructions they give you and follow that. I don't know of any law in Idaho, giving you the right to place a lien on personal property which you gave permission to store a pickup on.
I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More
answered on Jul 6, 2020
Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More
I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... View More
answered on Mar 21, 2020
Hi here is some information for you.
Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,
You could use the District Court’s (Small Lawsuit) method. Idaho... View More
My vehicle was repossessed. The amount I still owed was $5700. I received a letter 3 months later saying it was sold. It didn't say for how much. The finance company closed out the account as a paid repossession. But during all that time it sold the account to a debt collector who is... View More
answered on Nov 22, 2018
Idaho law provides five (5) days for you to replevin (recover) your car. Once the lien holder has presented the paperwork showing the note, the judgment and the order for sale to satisfy the amt. due, it will be sold VERY quickly.
answered on Oct 15, 2018
All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again... View More
Credit card company has my debt written as a tax write-off. Collection company is still trying to collect. If the first company writes off the debt, can a collection company collect off of it?
answered on Feb 14, 2018
My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.
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