Get free answers to your Collections legal questions from lawyers in your area.
I know I'm being sued by a collections agency because I received a letter for a lawyer wanting to represent me in court in the mail. I don't have the money for a lawyer right now, and still have not been formally served. Will they proceed with the case without me being served or will the... View More 
answered on Nov 29, 2023
The plaintiff needs to serve you in order for the court to acquire jurisdiction over you and enter a money judgment. If the first summons isn’t served, the plaintiff may request subsequent ones. Figure out a plan to deal with the case. You’ll probably be served eventually.
I was sent a summons that I never received because I did not live at the address on file. The AC suit is for $1200 but I already called the collections agency to set up payments. What do I do?
answered on Oct 12, 2023
Consult with an attorney if you can afford to do so. Relevant considerations are the amount sought, whether you owe it, and whether if you don't settle the landlord will sue you.
A garnishment was placed though the courts and about a year ago the case was updated to terminated with the reason listed is "a writ of garnishment was issued against the above named judgment debtor pursuant to Rule 90. The above named garnishor has failed to file a statement of judgment... View More
answered on Oct 11, 2023
Yes. It’s completely proper for the plaintiff to file a new garnishment so long as the judgment hasn’t expired. Missouri judgments are valid for 10 years unless revived.
We are not married yet. Just inquiring to see if it will affect my credit or if creditors will come after me for any of her debt prior to out union.
answered on Jul 24, 2023
Probably not but it may require pre-marriage planning and documents. Consult with attorneys who do pre-nuptial agreements.
They said that a company called cash net was going to sue me for breach of contract for a loan from April 12, 2012. And that I was going to be sent a summons to go to court. What is the statue limitations for something like this? Is this company a scam?
I checked casenet , there is nothing.... View More
answered on Jun 5, 2023
Either it is a scam or you have already been sued and United Firm saw the information on the public docket and therefore mailed you a letter. I wouldn't recommend dealing with any random mediation company at this point. An attorney would need to assess the situation, but the statute of... View More
Is there a benefit to getting an attorney vs. contacting the plaintiff's lawyer myself?
answered on May 9, 2023
If you hire an attorney experienced with debt settlement negotiations, you’ll increase your chance of not having a judgment, including a consent judgment entered against. If a payment plan is necessary, an attorney could negotiate a Rule 17 order and a “pocket” judgment.
My sole income is pension and Social Security. At age 65, that's not going to change. Will a judge dismiss the order based on that?
answered on May 8, 2023
No, not based on that reason. You need to attack the reasoning of the motion.
answered on Apr 27, 2023
The options are
1. Meet with a bankruptcy attorney
2. Defend the lawsuit on the merits
3. Try to negotiate a settlement with a payment plan
My medical debt was "sold" to a collection agency (the hospital owns the collection agency). I have never rec'd a bill from this collection agency but all of the sudden we rec'v a letter from a lawyer. Do they not have to notify you by mail of the debt? What do you do in this case?
answered on Mar 26, 2023
They are not required to notify you before having an attorney contact you.
You can contest the debt or negotiate a payment.
The summons is from Gamache & Myers for World acceptance corporation, AC Breach of Contract. Apparently they've been trying to serve me at an old address for like 6 months. It's from a loan that I supposedly took out in 2016, which attached is the unsolicited check I apparently... View More
answered on Mar 12, 2023
Why they waited is irrelevant. Unfortunately, a lot of interest can accrue in 6 years. If you were served then you need to appear in court or hire an attorney to prevent a default judgment. You can submit written discovery to learn the facts and supporting documents, if any.
The 1 I'm keeping is secure loan the other 3 are unsecured loans I live in Missouri and on disability benefits What happens if I don't pay the unsecured loans. I don't own a car or real estate nothing except our furniture and personal things and they are already secured by the one... View More
answered on Jan 19, 2023
If you don't pay the unsecured loan you'll likely get sued. If the case results in a judgment against you, the judgment either will automatically become a lien on real estate in your county or the plaintiff may "transcribe" an associate division judgment to make it into a lien.
What can they do if I normally make good money on my assignments but I’m in between assignments so I really do not have a job. What are they gonna do with me I can’t settle but I’m scared of court, so what all can I take for me?
answered on Jan 16, 2023
If you don't reach a settlement then the case will go forward. If you lose, the plaintiff will have a judgment against you and can garnish your wages, bank account, etc.
If you don't show up at court a default judgment will be entered against you. If you are served, either show... View More
answered on Jan 16, 2023
A creditor has the right to sue a debtor for an unpaid debt. I believe you want to know what your rights are as a debtor. You have the right to hire an attorney to defend the case or to represent yourself in court. You can also try to negotiate a settlement.
In 2013, I got a judgement against me for a $900 credit card with an accuring interest and court costs. At the time, I was making $4.00 hr as a server, a single mom of 2 and going to college. I tried telling the attorney I could only pay $25 a month. He insisted on $50. Shortly after the judgement... View More
answered on Dec 31, 2022
Missouri judgments last for 10 years unless revived sooner or there is a payment reflected on the record I’m not sure if your two payments are shown on the record. If so, that automatically resets the clock. A small claims judgment is not a lien on real estate but the title company still... View More
We live in Missouri and we want to know how can we get the lien off of our property the blue world pool is removable they can come get it we just want out of all of it they're ripping us off
answered on Nov 18, 2022
You will need to retain an attorney to determine whether you can get out of your contract.
Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... View More
answered on Jun 21, 2022
The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL
I thought the original creditor dismissed this account as a hardship. I was surprised when a debt collector tried to collect on it, and now a different debt collector has bought the account and is suing to collect.
answered on Apr 8, 2022
If the case is in the associate division then your mere appearance at court constitutes a general denial of the allegations. If you wish to assert affirmative defenses, you must plead them in writing.
They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?
answered on Mar 18, 2022
It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... View More
Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.
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