Get free answers to your Collections legal questions from lawyers in your area.
answered on Nov 14, 2019
When a creditor charges an account off, it does not mean the debt goes away. A creditor will typically turn it over to a collections agency and they will begin pursuing payments from you. The important thing to remember is just because an account is charged off does not mean the debt goes away.... View More
Received a garnishment summons today through my employer for a court date in October 2019 in Circuit Court. What are my rights in regards to Statatue of Limitations in the State of Virginia? Do I just show up for the court date and explain to the Judge this is time barred and the case should be... View More
answered on Jul 9, 2019
It's not time barred. Once they have a judgment against you they can garnish for ten years; AND they can extend it for another ten.
If you have a judgment you need to either pay, or file bankruptcy. Only very rarely do they just go away.
I paid a singer for an event a deposit, the amount was half the cost of his services. There was no form of contract or agreement created detailing services or if the deposit was non-refundable. About a week after he was paid, and over a month before the event, I decided I no longer needed his... View More
answered on Jul 8, 2019
This sad incident should convince you--and perhaps teach others who learn about it--to ALWAYS get personal service contracts like this in writing, spelling out all the details. The singer is used to--and happy--to sign contracts; but the singer is probably much happier when folks like you give him... View More
to file them for me. They say they have not received the forms or taxes. I live in the US mainland, Virginia. Is there a way I can get the records she says she filed or the money I paid her back? Thank you.
answered on Jul 2, 2019
If you and the property manager have a written contract you should look to it first, before doing anything. If you do not have a written contract you might be out of luck. But in either event you can always hire a lawyer licensed to practice in Puerto Rico to help you get the missing money back.
Promissory note says 2011. Attorney general has it now and is taking my tax refund. Just filed a chapter 7
answered on Jan 25, 2019
The loan has to be either federal or private. There is no other option. Ask for a copy of the promisssory note, if you don’t have it anymore. And a payment history. That’s your first step to figuring this out.
Is it a Hipaa violation to include a complete statement of my account which includes what procedures I had done, along with a copy of the contract I signed when filing a warrant in debt with the court?
answered on Nov 9, 2018
I do not handle medical collection cases so I regret that I cannot answer your question.
I had a tenant that I had to have evicted for nonpayment thru the court. The court put in a judgement for me and the amount that was asked and the tenant left the property. The tenant and I agreed to a payment plan after the fact and it was signed by both parties for a monthly amount she said she... View More
answered on Aug 25, 2018
If you file a garnishment summons, you and the employer are required to appear before the court. The clerk's office will give you a list of required documents that are required and the forms of service if process. If any money is withheld by the employer, it will be sent to the court and... View More
Can the debt still be collected? If no one ever provided me the information to pay (who/where/how much) and didn't contact me for 3 years? Thanks!
answered on Aug 18, 2018
It depends. Did you sign an agreement at the dentist's office to pay for treatment? If so, then the statute of limitations could be 5 years, not 3. Also, if they already have a judgment against you, it could be longer that 5 years. This is very fact-specific, and is something you should... View More
I was on their assisatance in 1999 a single Mom but they said I have to have the paper to prove it I have no paper it’s been too long Do I have to pay this
answered on Jul 10, 2018
Each state has its own statute of limitations. Google your state's name, "breach of contract," and "statute of limitations." My guess is that the claim is time-barred. Certain actions, like a payment toward the debt, might restart the statutory period.
Numerous communications went ignored before I filed the Warrant.
answered on Jul 9, 2018
I am assuming she requested a Bill of Particulars. If that is the situation, yes, you do need to respond according to the rules of court. If the requests are informal, please consider whether your failure to cooperate will be seen by the court as prolonging the dispute. If the dispute can be... View More
Hello,
To make the story short, my significant other passed away and left me to care for our daughter alone. Anyways, a few years ago I opened a loan in desperation thinking I was able to afford to pay it off but the bi-weekly payments got the best of me and it was either rent or the loan.... View More
answered on Jun 1, 2018
The reason bankruptcy is in the law is NOT really so donald Trump could keep his casinos. It's so you can clear these debts and get back to good credit and get on with your life. You need to talk to a bankrutpcy lawyer.
I did piece-work as a contractor for a Virginia corporation from 2015 to 2016 for which I was not paid. The total amount due is over $16,000. No written contract, but the work was well documented and the rate they pay was the same before and after the work I did. I sent them an invoice in... View More
answered on May 24, 2018
The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.
I have medical debts totaling $1,500 sitting on my credit report for over 5 years. I have contacted the collection bureaus listed, but they no longer have my account. What is the VA statute of limitations on the collection of medical debts? Thank you.
answered on May 16, 2018
The statute of limitations for medical debt is 5 years. A derogatory remark can stay on your credit report for 7 years. You can dispute the debt with the three credit reporting agencies directly. Start with annualcreditreport.com
https://www.annualcreditreport.com/index.action
I got an email from my job saying that my check will be garnished. I never got the summons, phone calls, or letters they supposedly sent. I got proof that I never got the summons because supposedly thought I worIed at another location. My company emailed me a copy of the summons supposedly happened... View More
answered on May 16, 2018
The date on the garnishment summons is the "return date," which is the date that the creditor goes to court to collect the garnishment checks. Your pay will be garnished, typically 25% of your take home pay, until that date. In order to garnish you, there has to be a judgment... View More
I have car fmv at $ 4575 and motorcycle fmv at $ 2310. I am "collection proof" regarding all other assets.
answered on Apr 20, 2018
You can use the auto exemption for the car and the wildcard or catchall provision for the motorcycle. The homestead exemption does not apply.
Other assets are covered as exemptions. No home and only receive social security payments.
answered on Apr 20, 2018
You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?
answered on Apr 16, 2018
You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.
We live in Fl since then. Am on TTD & undergoing back surgeries. Court date next wk. what should I do?
answered on Apr 11, 2018
Hire a local attorney to defend the case. If you don't do anything, you will have a default judgment entered against you, and at some point, the plaintiff may pursue assets of yours in Virginia (if any), and if the amount is significant enough, possibly against you in Florida.
If your... View More
I rented the place with another tenant end of september ‘13. I was kicked out by other tenant in December ‘13 then other tenant moved out January ‘14. I understand we are both responsible for paying rent after. I got a judgement about two months after she moved out. I didn’t have a job from... View More
answered on Apr 10, 2018
If the party suing you has the warrant in Debt properly served, the court will have jurisdiction over you and may enter a judgment against you. You should hire a lawyer to represent you in court.
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