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In 2018, my wife and I took out an unsecured loan. We lost our home in 2019, and unfortunately, my wife passed away in 2021. The loan company wrote off the debt in 2020 when I defaulted due to loss of income. Recently, in 2025, a collection company is suing me for this debt. Am I liable? I have... View More 
answered on Apr 7, 2025
If Missouri law governs and the last payment was within 10 years, then the lawsuit is likely within the statute of limitations depending on which cause of action has been pleaded. The charge-off doesn't save you.
Mo. Rev. Stat. 516.110. What action shall be commenced within ten... View More
I recently purchased a car outright for about $8,000, and I have an outstanding credit card debt of approximately $2,000 that is a year or two old. I've received advertising letters from lawyers and someone attempted to serve me papers, suggesting that the credit card company filed a lawsuit... View More
answered on Apr 1, 2025
If you are sued in the associate division and a judgment is entered against you, the plaintiff may "transcribe" the judgment to make it a real estate lien. It's not a vehicle lien but the plaintiff my seek an execution to have the sheriff seize and sell the vehicle. Hire a local... View More
I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More
answered on Mar 4, 2025
I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.
The issues for the court to determine are (1) was the motion to revive the judgment FILED... View More
I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More
answered on Feb 14, 2025
If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More
Paperwork was left in my mailbox, and left at reception desk at my employers hr office. Not only that the address is the same as mine but the name on the paperwork is xx and my name is xx. Doesn’t HR have to answer some kind of questions b4 following through?
answered on Nov 10, 2024
The garnishee (employer) must answer the interrogatories. I see no reason while your employer would want to spend money challenging the propriety of service. You are free to file a motion to quash the garnishment and schedule a motion hearing but my hunch is that you’ll lose. Even if the... View More
i mailed it to the lawyers and i filed it with the court house, however I missed the court date and a decision was made against me. can i appeal that also there is an arbitration clause on my original debt
answered on Sep 7, 2024
Hire an attorney familiar with motions to set aside default judgments. You’ll need to show “good cause” and a “meritorious defense.” Pro se litigants regularly fail to file compliant motions. Hire an attorney if you can afford one. After the judgment set aside you may move to dismiss... View More
Must I appear in court . I expect a default decision against me .
I don't believe that a credit card company can make me pay them.
Am I correct .
Do you have any additional advice ?
Thank You so very much for your help .
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answered on Mar 28, 2024
If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More
Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .
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answered on Mar 28, 2024
If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More
I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?
answered on Mar 27, 2024
When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.
Once a judgment is entered, bank accounts... View More
I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?
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answered on Mar 28, 2024
If a credit card company is moving towards obtaining a default judgment against you, it typically means they've sued for unpaid debts and you haven't responded to the lawsuit. In such a scenario, your presence in court isn't necessary for the default judgment to be passed. However,... View More
I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.
Should I appear in court ?
answered on Mar 27, 2024
You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More
Construction company is an LLC but I wrote the $5k deposit check to the owner (not the LLC) and he cashed it to his personal account. The judgment is not against him personally (second mistake) but against the company. How do I collect? Local lawyers aren't interested and the one I did get a... View More
answered on Mar 24, 2024
The corporate veil would have been pierced had you sued the owner and won. At this point, focus on the standard collection methods. As the other attorney suggested, take a judgment debtor's exam. You must first have attempted a garnishment, I believe. Collecting judgments is often harder... View More
Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More
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answered on Mar 16, 2024
Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More
Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More
answered on Mar 12, 2024
What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More
I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?
answered on Feb 15, 2024
Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.
I have a judgment from Ford Motor Company from 2018 for approximately $13,000, and it has a lien on my house. Nothing has been paid towards the balance, and I haven't communicated with Ford about settling. Being on a fixed income, I want to know if it's possible to negotiate and settle... View More
answered on Apr 24, 2025
Negotiations happen all of the time. Beware that significant post judgment interest has accrued.
I'm involved in a debt collection lawsuit concerning an eviction from my rental. The sheriff's paperwork indicated that I owed a specific amount, including $400 in lawyer fees, which I paid off. However, the office managing the case later informed me that my balance increased by an... View More
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answered on Apr 12, 2025
In Missouri, if you are involved in a debt collection lawsuit for eviction, the amount owed should generally be clear and documented. If you paid the specified fees, but later the balance increased without receiving proper notice or documentation, that could be a violation of your rights. The law... View More
I filed my bills with a debt consolidation company, Litigation Practice Group, but they filed for bankruptcy in 2024 and didn't pay my bills despite me paying them in full. I have proof the money was withdrawn from my account. I have a contract with them. Now the creditors are calling and... View More
answered on Mar 10, 2025
You are responsible for them. You may want to file a fraud claim against the debtor for fraud for not paying your bills.
I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?
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answered on Sep 27, 2024
The best place to cash the check is at the bank it was drawn on, but you'll will generally need two pieces of identification to do so.
Want to cash a personal check written out to me but I currently have a lien on my assets. I have nothing but a bank account and a job! Will my check cashing be intercepted? Even if it’s not being cashed at my bank?
answered on Sep 26, 2024
If a garnishment has been served and is has not expired, it would not be safe to cash a check.
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