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answered on Jun 8, 2024
The phrase "an itemization of where they are getting their figures from" apparently means the amount owed. This is normally proved with periodic statements sent to the debtor. They also must be able to prove that they bought the debt from the original creditor and that they notified the... View More 
answered on Jun 8, 2024
Do you mean, "Can they file a case against me?" or instead, "Can they prove their case in court?" If the former, yes, anyone can file suit whether they have a strong case, weak case, or even a frivolous case. For any of those categories, a lawyer can advise how the matter... View More
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More
answered on May 27, 2024
Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More
answered on May 28, 2024
IF the club contract is a legally valid contract providing for automatic renewal (which it may or may not be), then you had the responsibility to timely cancel to avoid automatic renewal. Whether you have liability to you friend depends on the terms of agreement with your friend. If you had an... View More
I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.
answered on Apr 2, 2024
A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More
I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.
answered on Apr 7, 2024
If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More
at United States District Court 99 E Bro ward Blvd # 108, Fort Lauder dale, FL 33301, United States against your Name and SSN. After giving several notifications we did not received any response from your side. We will consider that you are ignoring this matter and you want to dispute. We are in a... View More
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answered on Mar 11, 2024
This message appears to be a scam. Here are a few red flags that suggest this is not a legitimate communication:
1. Threatening language: Legitimate debt collectors and legal representatives generally do not threaten immediate legal action without prior communication and an opportunity to... View More
I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More
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answered on Mar 4, 2024
Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More
In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More
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answered on Jan 28, 2024
It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.
Given the complexity of your case, including the initial damage to the shed,... View More
In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More
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answered on Jan 28, 2024
Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.
Good luck.
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More
answered on Jan 10, 2024
No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.
By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added... View More
IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More
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answered on Nov 19, 2023
The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More
CASH ADVANCE INC (THE CASH ADVANCE GROUP)
Attention, Debtor
LAWSUIT COURT CASE FILE NO: #UDT-5734942
LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)
LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off)... View More
answered on Oct 30, 2023
I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are... View More
I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More
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answered on Oct 22, 2023
The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.
I would send a cease-and-desist... View More
answered on Oct 5, 2023
A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More
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answered on Jul 27, 2023
A Satisfaction of Garnishment is a document that confirms a debt has been fully paid, releasing the garnishee from further obligation to withhold money. Once filed, the garnishment order is resolved, and the debtor's wages or account are no longer subject to garnishment for that debt.
answered on Jul 27, 2023
A satisfaction of judgment is something that a judgment creditor might file to indicate that the judgment has been collected and is no longer owed by the judgment debtor (normally the defendant). A writ of garnishment is issued by a court directing a bank or employer to monies belonging to a... View More
Claim is over 15 years and we are now being threatened they are going to attach all financial accounts. Man is 77 years old living on SS. If they take his money he will be on the street
answered on Jun 28, 2023
Since you are writing from Land O'Lakes Florida, mostly Fla. attorneys will see your post and cannot answer your question. Only an Ohio attorney can do so. In any event, Social Security benefits are generally protected from collection actions, even by the IRS. The gentleman needs to... View More
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