Get free answers to your Collections legal questions from lawyers in your area.
have a court judgement . breach contact the order was for repossession of 19 yr old double wide 10 months later get paper wk that they will place force placed insurance .next day a final notice of failure to pay .24 months .the company that sued was Green tree days after judgement they merged... View More 
answered on Jan 30, 2017
Your question needs clarification. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... View More
I am an individual who purchases electronics online and resells them to stores and at flea markets. i have one store who, since january, has refused to finish paying off a debt. i have MANY text messages where he admits he still owes me money, but he is still refusing to pay me. I would love to now... View More
answered on Jan 30, 2017
Small claims court may help you. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More
I was in an accident several years ago without any insurance. I moved around qi
Quite a few times that year and though I paid my fines I never received the paperwork for court when being sued by the other drivers insurance company. My license was suspended over a year ago from not paying... View More
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answered on Jan 29, 2017
You can retain an attorney to file a Chapter 13 Bankruptcy, which will allow you to pay the money over a 60 month time period. Good luck.
answered on Jan 27, 2017
It is legal but highly unusual. Are you sure it wasn't a process server with a summons for the debt. If so, you need to answer it.
The Judgment Debtor owes us 3,015 dollars as awarded on May 6, 2016. We have written letters of payment request to the JD - even offering a payment plan. No response. Do we need a lawyer to proceed with next steps? Our Yates County Sheriff's Civil dept said they only act on serving papers from... View More
answered on Jan 27, 2017
You may end up paying the lawyer more than the amount you're trying to collect. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More
HELOC established in 2005
"Notice of Suspension" for non payment received in 2009
TRW credit agencies reveal debt 30-60-90-120 overdue since 2009
Received "Notice of intent to accelerate" YESTERDAY 9-7-2016
Question: 1. Does Statute of... View More
answered on Jan 26, 2017
Statutes of limitations commence when the violation of law began. See: https://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
My mom recently passed away and has left me her two homes. She had 40k credit card debt when she passed and no savings. Can I just keep making the mortgage payments and keep the houses while her debt is written off? Or can they force the sale of a home or file a judgment on it? What if I decide to... View More
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answered on Jan 25, 2017
Her debt won't likely be "written off" it will get sold to a collection agency who will obtain a judgment against your mother / her estate and that judgment can be enforced as a lien on the real property which can lead to a foreclosure action. A lien usually must be satisfied if a... View More
answered on Jan 23, 2017
See: http://www1.nyc.gov/assets/dca/downloads/pdf/consumers/Consumers-Debt-Collection-Guide-English.pdf
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
The original creditor is out of the picture
answered on Jan 19, 2017
There may be a statute of limitations and laches defense to collection. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More
The borrower lives in a state where the statue of limitations for this kind of loan is 4 years while the cosigner lives in a state where the statue is 6 years.
answered on Jan 19, 2017
It depends on whether the statute of limitations has run or whether there are other factual or legal obstacles to preclude the filing of a valid complaint. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More
My ex is on purpose not paying the truck note and ruining my credit. Refuses to refinance. What can i do?
answered on Jan 8, 2017
This will depend on what the terms of your judgment of divorce and your separation agreement say about existing loans. You should try to pay off all joint debt prior to settling. It doesn't sound like this was done. Review the terms of your divorce. If your Ex is not complying with regard to... View More
I'm an it consultant. A customer owes me 8000$ For about 4 months. After months of no communications they called me and asked me to pick up some computer equipment (some that was already paid for and others that came later- and not much resale value) and sell what I can to make up the balance.... View More
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answered on Dec 27, 2016
They owe you and as your mitigation of damages you should sell it and go after them for the balance still owed. You don't consult as a charitable endeavor do you?
- these people keep insisting I'm the same person - how can I make this stop?
answered on Dec 15, 2016
The reason they are calling you is that they think the debts are yours. More important than the calls, I would be worried about identity theft, and that someone is using your name. Run your credit report and see what is there. If these debts are there, you have to deal with the issue. You can... View More
answered on Dec 14, 2016
I am puzzled why you asked this here. You should ask your question at Justia › Ask a Lawyer › New York.
I signed a contract with a dental school that stated if they put me in collections that I would pay the fees. Evidently they did but here's the problem. The collection company never sent me any kind of monthly bill or statement. All my payments were made directly to the dental school... View More
answered on Nov 27, 2016
I do not fully understand your question, but you do not need to receive a bill of a contract default to be liable for the default. If there was something you were supposed to pay, you have to pay it if the contract requires it.
I am in NY, the debtor and their attorney is in MI. The debt passed through my office and was re-sold. We are being accused of selling the debt without the proper ownership. It turns out an agency higher up the ladder than us sold the debt without owning rights to the debt. The current agency who... View More
answered on Oct 22, 2016
You should not be liable here. While the actual owner has rights superior than the owner of a stolen good, the debtor never owned his own debt. Thus, I am not sure what damages accrue to the debtor who owes someone. He just does not know who it is. You did not violate the FDCPA, in that you... View More
The balance represents his co-pay for a portion of time he was in the hospital. I'm not a lawyer, but if his insurance paid their share, can he not pay his share? I would like to approach the collection attorney and attempt to negotiate a one time payment that is less than the total amount... View More
answered on Sep 11, 2016
The settlements you propose are reasonable and done all the time. Call the lawyer who got the judgment and work it out. They will likely require your friend to be on the phone to verify his identity. You are not a lawyer, so you cannot represent him, although you can speak on a call where he is... View More
Established HELOC loan in 2005.
Received "Notice of Suspension" for non payment in 2009
ALL credit agencies report debt DELINQUENT 30-60-90-120 days overdue SINCE 2009
Received "Notice of intent to accelerate" on 9-7-2016, 7 years after SUSPENSION... View More
answered on Sep 11, 2016
This is actually a question that is on the cutting edge of these cases. The bank will argue the statute expires in six years, as they accelerated just now. You would argue it starts in 2009, and thus expired in 2015. The answer depends upon your documents, and some cases that are working the way... View More
Line of credit suspended 7 years ago. Tried unsuccessfully to re-instate and was denied each time. Credit agencies reveal loan in default starting 7 years ago. Out of nowhere bank just sent me Acceleration notice. Did Statute of Limitations begin 7 years ago with the default and suspension?
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answered on Sep 9, 2016
Sounds to me like you have a good statute of limitations argument since in NY it's 6 years from the date of default.
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