Collections Legal Questions

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495 legal [2, *]questions have been posted about collections by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include debtor and creditor, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Collections Questions & Legal Answers - Page 20
Do you have any Collections questions page 20 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 495 previously answered Collections questions.

Recent Legal Answers

I was served a summons for a law suit filed against me for a credit card have to response I within 20 days

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You should hire a lawyer to defend you immediately. That you have 20 days to respond shows that this is NOT a small claims case. There is an entire business model for debt collectors based upon getting judgments by default or poor self lawyering (which is 99% of pro se litigants), and defending yourself is typically a trap. If you have questions, you can always call us at 1-800-922-6442 for a FREE consultation.... Read Answer
You should hire a lawyer to defend you immediately. That you have 20 days to respond shows that this is NOT a small claims case. There is an entire... Read Answer

Judgement Collection

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Copntact a debt collections lawyer who will likely pursue on a contingency fee basis, if it is worthwhile.
Copntact a debt collections lawyer who will likely pursue on a contingency fee basis, if it is worthwhile.

Can I sue my mortgage holder for harrassing phone calls

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
If you sue, you will likely lose.
If you sue, you will likely lose.
Yes. Talk to your matrimonial lawyer.
Yes. Talk to your matrimonial lawyer.
Are you employed in NY? In order to execute a NY judgment in South Carolina, a SC lawyer would handle the enforcement, not a NY lawyer.
Are you employed in NY? In order to execute a NY judgment in South Carolina, a SC lawyer would handle the enforcement, not a NY lawyer.

Collect n Judgements

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
If a judgment has entered, many firms will collect on a 1/3 contingency fee basis. If no judgment has been entered, there may be an additional non-contingent suit fee.
If a judgment has entered, many firms will collect on a 1/3 contingency fee basis. If no judgment has been entered, there may be an additional... Read Answer

I defaulted on pay day loan in the state of NY

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Not true. This is a civil matter and is likely usurious and unenforceable.
Not true. This is a civil matter and is likely usurious and unenforceable.
It depends on the language in the contract you signed.
It depends on the language in the contract you signed.

DO I STILL OWE THIS DEBT?

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
The statute of limitations for judgment enforcement in NY is 20 years.
The statute of limitations for judgment enforcement in NY is 20 years.
If there is a judgment, then yes.  If there is no judgment, then only if you make a payment or acknowledge the debt.
If there is a judgment, then yes.  If there is no judgment, then only if you make a payment or acknowledge the debt.

My mom just got served with mediation from creditor

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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If she is mediation, this means that she is beiung sued in court. She has to attend mediation or be subject to sanctions. If she is being sued, she would need to retain a lawyer to really address the issues you raised, and possibly a bankruptcy lawyer. If you have questions, we provide FREE legal consultations at 1-800-922-6442.... Read Answer
If she is mediation, this means that she is beiung sued in court. She has to attend mediation or be subject to sanctions. If she is being sued, she... Read Answer

i paid 3 peoples restitution one is paying me back the other 2 said the would and are not what can i do to get my money back

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Since you are If you have questions, we provide FREE legal consultations at 1-800-922-6442.probably paying for criminals who owed other people money for harm they caused (restitution), not likely much. Typical criminals have no money and are judgment proof.
Since you are If you have questions, we provide FREE legal consultations at 1-800-922-6442.probably paying for criminals who owed other people money... Read Answer

HOW TO DISPUTE WEAR AND TEAR ON A CAR LEASE

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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No way to tell as "crazy charges" tells us nothing about what you are describing.
No way to tell as "crazy charges" tells us nothing about what you are describing.

I'm receiving threatening calls from a debt collector saying I will be arrested today for a online cash advance. Is this legal?

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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No. Its a violation of the FDCPA/FCCPA, though it may also be a fraud scam. If you have questions, we provide FREE legal consultations at 1-800-922-6442.
No. Its a violation of the FDCPA/FCCPA, though it may also be a fraud scam. If you have questions, we provide FREE legal consultations at... Read Answer

Do I pay a medical bill which was denied by insurance co?

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Generally, yes....if insurance doesn't cover the care, its your bill to pay. If you have questions, we do offer FREE consultations at 1-800-922-6442.
Generally, yes....if insurance doesn't cover the care, its your bill to pay. If you have questions, we do offer FREE consultations at 1-800-922-6442.

Can your car be repossessed for defaulting on a federal student loan?

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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If a judgement was entered against her from a prior lawsuit, yes. If you have questions, we do offer FREE consultations at 1-800-922-6442.
If a judgement was entered against her from a prior lawsuit, yes. If you have questions, we do offer FREE consultations at 1-800-922-6442.

if someone owes a lot of money on a credit card can their wages be garnished

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Wages cant be garnished generally without a judgment, meaning you've been sued and lost in court. If you have questions, we do offer FREE consultations at 1-800-922-6442.
Wages cant be garnished generally without a judgment, meaning you've been sued and lost in court. If you have questions, we do offer FREE... Read Answer

need to collect balance of past due promissory note.

Answered 12 years and a month ago by attorney Jonathan Howell   |   1 Answer
I would suggest at this point that you proceed with filing a lawsuit. Given that this is a straight forward collection matter the cost would be relatively low. Do you know if the debtor has any assets? Thanks,Jon
I would suggest at this point that you proceed with filing a lawsuit. Given that this is a straight forward collection matter the cost would be... Read Answer
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How were you "forced" to do this? Not sure what you are actually asking. If its that you want to make a workers comp claim, you may several issues if you "chose" not to make such a claim and now have changed your mind. IN either event you need to contact a local workers comp lawyer.
How were you "forced" to do this? Not sure what you are actually asking. If its that you want to make a workers comp claim, you may several issues if... Read Answer

Payday loan collection agency calling

Answered 12 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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No way to tell. MOst payday loan or short term online loans in general are scams and ID theft fishing holes. Check you credit report to see if there is indication of who you owe and deal with them. Never pay anyone any money simplybecause they call you or email you. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.... Read Answer
No way to tell. MOst payday loan or short term online loans in general are scams and ID theft fishing holes. Check you credit report to see if there... Read Answer