Get free answers to your Collections legal questions from lawyers in your area.
There was a kitchen fire while I was at work and the person at my home at the time was uninsured. I had just moved in and was still in the process of getting renters insurance so I was also uninsured at the time. The smoke caused the sprinklers in the kitchen to be activated, however the firemen... View More 
answered on Nov 3, 2015
You indicate that some sort of notice was sent to your sister's address. This address was not the address of the apartment that was damaged nor the one you were moved into? Did she give you the notice that she received?
Now you have received a demand for payment from a collection... View More
Using my Virginia judgment? Thank you!
answered on Nov 3, 2015
Yes, you can file the judgment with the Florida courts and then ask for a writ of garnishment.
What are my recourses and how can I go about rectifying this problem and getting the money where it belongs in the end? To the two people on the check..
answered on Oct 8, 2015
Your recourse, if any, will depend on what you had to do with the transaction.
calling everyday, harassing me, I know I have 30 days to dispute, But the FDCPA states they cannot call me repeatedly. I feel they are in violation, they have not validated the debt, but calling every day, am I right? They cannot harass me daily under the FDCPA by repeatedly calling.
answered on Sep 28, 2015
It's not clear from your question whether you have disputed the debt (which would preclude further collection action until the debt had been validated), but you are correct that the FDCPA prohibits harassment through repeated telephone calls. If these calls are coming to your cell phone, there... View More
I called the state attorney generals office and they told me not to talk to them
answered on Sep 10, 2015
I think that is five years. Here is the statute and you can look for it right here on Justia: Va. Code § 8.01-246(2). You could also have done an internet search for statute of limitations on contracts in VA, as I did.
It was for a defaulted loan through a bank, the bank recently wiped our checking and saving out ( $4000) on a loan from my husband and his ex wife from 10 years ago
answered on Sep 2, 2015
Generally, a judgment in Virginia is valid for ten years, and may be renewed for an additional ten year period. That said, it would benefit you to speak with an attorney as soon as possible. Depending upon the specifics of your situation, some or all of the funds seized may be exempt from... View More
answered on Aug 28, 2015
Half? Not enough facts here for an opinion. Go see a private attorney about this.
Is it legal for a police officer to walk on to a 4 lane road, point and wave at my car to pull over, without any flashing lights? A car behind me was honking for me to go faster. At the light, I sped up, and the car (NY license plate grey) was still right behind me, tailgating. I slowed down then... View More
answered on Jul 27, 2015
Failing to appear is generally a big mistake. If a lawsuit has just commenced against you, failure to appear may result in a default judgment being entered against you. The judgment might include attorney fees and court costs in addition to the amount the creditor says that you owe, and the... View More
answered on Jan 30, 2015
There is a small chance that the Debt Collector is violating the Fair Debt Collection act. It may be wise to contact the Debt Collection Agency and notify them in writing that you do not wish to be contacted again. If they contact you after that, immediately seek an attorney.
This above is... View More
I have a notarized agreement. Do I need to send him a letter demanding payment?
answered on Jan 11, 2015
You will need to file in Circuit Court due to the amount. Some court websites have a great deal of information to assist the public with filing. You can try to look there first, or contact an attorney for assistance. Unfortunately, if this guy wrote you a bad check for $6500, you may have some... View More
I payed my court fines last year by money order but it is not showing up...
answered on Dec 15, 2014
It may depend on who is garnishing your wages (Governments may have greater rights, and child support obligations have greater rights) and why, but this is the general codes section that may apply:
§ 34-29. Maximum portion of disposable earnings subject to garnishment.
(a) Except... View More
I have a line of credit at my bank in the ammount of 500 dollars im currently not working and unable to pay it they sent me a letter telling me they were going to turn me in to a collection agency.can i go to jail over this?
I am being sued for a debt that I agreed to pay back 10 years ago. Can I dispute this and not have to appear?
answered on Oct 17, 2014
No, if you dispute this you (or your attorney at least) has to appear.
can I counter sue during the appeal, and if so, on what grounds?
answered on Jul 23, 2014
If you won a judgment giving you a right to get money from them, then there should be no need to counter sue on appeal. If the judgment went against you, the issue is more complicated. You should contact an attorney for a full evaluation of your rights.
ish wages or put a lein on our home. My question is can the credit card company take our home? its in both of our names and we always pay our mortgage on time.
answered on Jul 22, 2014
You questions is, as I understand it, whether a company with a judgment against you can at some point force the sale of your home. The answer is maybe. If the judgment is against you alone and you and your spouse own the home as "tenants by the entireties" (a legal status for owning real... View More
SHE HAS NOT FOLLOWED OUR AGREEMENT, WE HAVE BEEN TEXTING AND I HAVE THOSE WHERE SHE ADMITS SHE OWES ME AND REPEATLY SAYS SHE IS SENDING A PAYMENT
WHAT CAN I DO I FEEL SO USED BY THIS PERSON
answered on May 16, 2014
You can hire an attorney who will send a demand letter on your behalf. If that doesn't result in payment, the attorney can then file a lawsuit. If the amount that's owed to you is small, you can consider filing a lawsuit in small claims court without an attorney.
answered on May 28, 2012
Your SS benefits are exempt from garnishment. If you do receive a garnishment for your bank account the paper will list on the back the exemptions that can be asserted. The SS exemption will be one of those. You may have to show that the only money in your account is SS money.
answered on Jun 7, 2011
That depends on what type of garnishment it is and how much one makes. Certain types of garnishments (like debts to the State) are not limited in this way. Garnishments for support obligations can be up to 60-65% of the check. For other debts, though, one is normally able to keep either $290/wk... View More
The warrant in debt states I do not have to show up; however, judgement may be entered against me. I cannot afford to repay this debt at this time. What are my options without jail time?
answered on Feb 23, 2011
You are not facing jail time. A warrant in debt is a civil claim--a lawsuit--not a criminal action. Credit card companies use it to protect their claims to recieve money from you, and it then allows them to take other actions, like placing a lein on your property or garnishing your wages or etc.,... View More
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