Get free answers to your Collections legal questions from lawyers in your area.

answered on Jan 6, 2022
Assuming it's small court...no attorneys are allowed. You'll have a hearing - maybe with a judge / probably a magistrate or referee, depending on how that particular court is structured. From there, it will look a lot like what you may see on those judge TV shows (without the drama and... View More
we had agreed to pay 50% on copays for our son's health care costs. My ex-husband is the insurance carrier. Our son is now 18 and in college. He recently got some dental work done and because the dentist office always had sent the bills in my name, they sent the bill to me. I am now re-married... View More

answered on Oct 11, 2021
The dentist office will continue to seek collection from you. I would let the dentist office know that your son is over 18 and that you are no longer responsible for any bills in the future, and that they should collect whatever co-pays or anything from your son directly.
I don't know what it is for and they are about to take money from me for I don't know what. It is from VA and I haven't lived there for six years. It looks like it is about an apartment complex in Hopewell VA but I never had an apartment in Hopewell. What am I supposed to do since I... View More

answered on Jul 27, 2021
On the paperwork received, there should be a case number and court identified. Contact that court to find out what's going on. If they are garnishing, that means they already have a judgment against you (a court order that you owe them money) - it's likely a default judgment (entered... View More
He was summons today for the remaining balance of the vehicle. It was sold after repossession at an auction. I am responsible for the debt and I want to take care of it. He has a family and I don't want to create a financial hardship on him. Can I respond to the summons asking the court to... View More

answered on Jun 1, 2021
He has to respond. He can ask to substitute you, but as you defaulted which is why they are going after him, they may say "naaaah--we want him!"
Now, they may agree to make a payment schedule but before he signs off, is the group coming after him the same people you signed a loan... View More
I only had unemployment and child support in my bank account when the debt collector put a hold on my account. Are they are to take the funds?

answered on May 14, 2021
I'm not entirely sure, but the burden will be on you to convince a court that those funds are protected from seizure. That is a difficult argument to make when multiple funds are commingled into one account and then seized.
Now I'm threaten with jail time.
I'm unemployed unable to collect covid unemployment so I'm screwed

answered on May 10, 2021
The child living in Michigan has nothing to do with your child support obligation. You are ordered to pay a certain amount unless modified legally. Once arrearages accrue, they don't go away.
I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?

answered on May 10, 2021
You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.
All you can really do is keep trying... View More
Can a defendant file a motion for summary disposition before default has been set aside?
If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?
I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.

answered on Jan 10, 2021
Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."
Good luck. www.ProvenResource.com
This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... View More

answered on Jan 6, 2021
You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... View More
I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... View More

answered on Jan 4, 2021
You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... View More
I co-signed for a car for a boyfriend in 2000. Repoed in 2002 and know there hasn't been a single pmt made since then. I did receive a letter every few years about collections but ignored it as I couldn't pay it. Last week I get a paper from law firm saying the 4k is now 9k and notice... View More

answered on Dec 21, 2020
A 2004 Judgment may seem old, but creditors are permitted to "renew" a judgment. This is probably what happened in your case but you have to do some research and check the court record. Can they do this so many years later? Yes - probably. You need to get a copy of the "register of... View More
The debt is from a credit card he opened in 2014. He lost his job. Wasn’t able to pay his payments. He got another job minimum-wage basically not much more was not able to make the payments. Received notices of debt collection. He joined Navacore so that he could make payments within his... View More

answered on Aug 7, 2020
When dealing with collection suits, the debt collector generally is going to try to get a judgment which will allow the creditor to collect the judgment from future income and assets. There are ways to settle such suits, either through paying a lump sum of money payable in a relatively shorter... View More
I need to file a request and order to seize property on two small claims court judgements. Am I able to do that thru mail?

answered on May 15, 2020
Yes, you should be able to do so. Complete the appropriate court form and send it in for signature along with the filing fee and return envelope. I would suggest calling the clerk's office there to verify before sending anything.
My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... View More

answered on May 2, 2020
The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract... View More
I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?
Edit:... View More

answered on Mar 29, 2020
No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... View More
Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.
The garnishment was against me not him.
4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I... View More

answered on Mar 9, 2020
If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.
they sent to collection no notice. also they say we owe more then we do.i have every receipt. this does not seem fair. what can we do?

answered on Feb 20, 2020
Your husband should contact the hospital's billing/collections department to get more information. It is unlikely that they will deal with anyone other than him, due to HIPAA and other privacy laws.
He can ask them to provide records to support their version of the amount due. If it... View More
Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00
I received a Garnishment Release, case No. 079564GC. "Garnishment on 4/13/2017 is withdrawn on 10/31/2019. Amts withheld by garnishee on or after 4/13/17 shall be returned to defendant and further witholdings shall be discountinued." But on 11/15/19, a garnishment was served and all... View More

answered on Jan 13, 2020
I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued? I need to know that to advise you how to proceed.
Regarding the exempt proceeds, I suggest you consult with a credit defense lawyer to review the exemption and discuss a potential FDCPA suit.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.