Get free answers to your Collections legal questions from lawyers in your area.
I am making payments to a collection agency for the same medical bill I am threatened to be sued for. Months before I received this letter from the law firm.
answered on Feb 6, 2021
I would think you can indeed be sued by the party to whom you owe money. If you had agreed to a payment plan and have been honoring it 100% then I’d find it odd that your medical provider would pay an attorney either hourly or on a contingency basis to sue you. Have an attorney familiar with... View More 
I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have... View More
answered on Nov 20, 2020
The legal theory under which you could be held liable is the "doctrine of necessaries."
Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire.... View More
answered on Nov 18, 2020
Your options are to pay the sum, not to pay it, to defense the lawsuit pro se, to hire an attorney to defend the lawsuit, to file bankruptcy, or to try to negotiate a settlement with the plaintiff, doing so either on your own or by hiring an attorney.
Which option makes most sense will... View More
On July 5th, an attorney send me a letter trying to collect a debt I don’t remember. I sent a response on July 13th and haven’t heard anything back on Sept 22nd. Should I do anything else or assume they’re not filing a lawsuit?
Edit: there aren’t any cases filed against me on... View More
answered on Sep 22, 2020
Check Casenet to see if a case in Missouri has been filed. Don’t assume anything. https://www.courts.mo.gov/casenet/cases/searchCases.do
answered on Sep 15, 2020
You either litigate the case or you settle it. Many such cases get settled for a discounted sum with a payment plan. Most, however, result in default judgments and the the creditors try to garnish bank accounts and issue wage garnishments.
The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... View More
answered on Aug 21, 2020
You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.
What actions within five years.
516.120. Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those... View More
Just dont want to agree to payments and then find out that by accepting an initial small payment that im accepting that as a resolution
answered on Aug 13, 2020
If enough money is at issue you'd be well served to hire an attorney to prepare a written document the clearly specifies the agreeed upon repayment terms and protects your interests.
In general, if it costs you less to achieve a payment plan and it gets paid, as opposed to the costs... View More
answered on Jul 14, 2020
If you have been served yes. If you fail to appear the plaintiff may request a body attachment. In other words, you could get locked up.
We are in Missouri. Law firm has our address and we even called them to settle the debt. They refused to settle, saying they will only accept full amount owed. They've requested a summons twice now, but we've never been served. The deadline just ran out on the second summons. I'm not... View More
answered on Jun 12, 2020
If the plaintiff doesn’t claim to have achieved service, then it cannot take a default against him if he doesn’t appear. If he appears without having been served then he waives service.
She just bought it 3 or 4 months ago,and still makes house payments.
answered on May 22, 2020
If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.
(Con’t)...are my options in fighting this as I dont want it to go to collections
answered on Apr 28, 2020
Your options include
1. Paying your landlord or not opposing deduction of the money from your security deposit
2. Paying an attorney to negotiate with the landlord but this might cost more than the charge you are fighting
3. Filing suit to seek the refund of your security... View More
My boyfriend has some inheritance coming in and can’t touch it unless he’s married... he has asked me to pretend to be his fiancée in order to get his inheritance and to contact his lawyer and I emailed his lawyer but I never met his lawyer in person... his lawyer emailed me back and wanting... View More
answered on Apr 21, 2020
Two things.
1. I suggest you ask the lawyer why he is requesting this information. Perhaps he needs it for the work to be done. Perhaps he wants that information so that if you and your bf hire him and then don't pay having this information will make it easier to collect a judgment... View More
answered on Apr 3, 2020
I judgment from. Missouri state court lasts 10 years from entry. A payment on the record in the interim automatically revives it as well.
You didn’t provide enough information for me to opine on whether the garnishment was issued on an expired judgment. If so, consult with an attorney... View More
Non - disclosure meaning I cant share it even with my close family members let alone attorneys?
answered on Feb 13, 2020
I'm not aware of any Missouri law that prohibits a non-disclosure provision in a promissory note.
Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... View More
answered on Dec 8, 2019
Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... View More
I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?
answered on Dec 8, 2019
The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.
I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... View More
answered on Nov 4, 2019
If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.
Neither are CS, taxes or student loans
answered on Oct 4, 2019
10 percent total. The garnishment that was served first is the one that gets paid.
I hope this answer helps.
The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna... View More
answered on Oct 1, 2019
Read the guide I wrote on how to set aside a default judgment.
https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html
Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA).... View More
How can you see the docket or what information do you need? I’m just curious as the hearing that’s coming up about this. I understand that me not working it won’t go away but they haven’t made any attempt to serve my ex at all.
answered on May 28, 2019
You should be able to go to your local circuit court and obtain a copy of all documents that have been filed in the case.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
