Collections Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
495 legal 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 10
Do you have any Collections questions page 10 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

The issue isn't what you left in the toilet but whether you smoked in the room. If you are NOT a smoker you are in a better position. If you DO smoke, and want to fight over whether you smoked in the room, you will likely have to spend more than the $250.00 in dispute fighting over the money in dispute. ... Read More
The issue isn't what you left in the toilet but whether you smoked in the room. If you are NOT a smoker you are in a better position. If you DO... Read More
They cannot disclose to third parties - if they disclose to you no issue. If they disclose to others, likely violates the FCCPA/FDCPA. Its a risk they take - and it also depends on the context of the conversation, such as if the person answering lies and claims they are you, etc.....
They cannot disclose to third parties - if they disclose to you no issue. If they disclose to others, likely violates the FCCPA/FDCPA. Its a risk... Read More

How can I collect money from a Judgement?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is always a problem with one off cases for collection. They are not usually "contingent fee" cases unless the debtor is an easy collection target. If you are on an hourly rate/retainer you should expect to be billed for any work the lawyers perform including speaking to you about the case. If they aren't doing anything because they are unmotivated or slow, then you need to find new lawyers. IF on the other hand they are not doing anything because you are unwilling to pay the expenses an fees or pinching pennies in the effort, well........you can't have it both ways on such a case, and changing lawyers won't change that dynamic. ... Read More
This is always a problem with one off cases for collection. They are not usually "contingent fee" cases unless the debtor is an easy collection... Read More
I am not sure why this is complicated.  Once the lien is filed, then a foreclosure action is brought to foreclose the lien.  Only the first year will trump a mortgage with a bank so move quickly.  Collecting the small claims judgments is easy. Not sure what the issue is.
I am not sure why this is complicated.  Once the lien is filed, then a foreclosure action is brought to foreclose the lien.  Only the first... Read More

Do I have a chance in not paying for this?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You are going to have to pay the bank.  You can sue your ex for indemnification and make him pay.
You are going to have to pay the bank.  You can sue your ex for indemnification and make him pay.
Yes. It all depends on what you mean by "going to court". 
Yes. It all depends on what you mean by "going to court". 
Sue the person.
Sue the person.
Pay the assessment fee.
Pay the assessment fee.

i had a credit card account sold to atlantic credit can i make monthly payments without being sued

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You will have to work that out with atlantic credit. 
You will have to work that out with atlantic credit. 
If you have a judgment you want to collect you REALLY need to hire a collections lawyer. If you botch it up - YOU are likely to find yourself sued for damages or legal fees. 
If you have a judgment you want to collect you REALLY need to hire a collections lawyer. If you botch it up - YOU are likely to find yourself sued... Read More

How can I have sometime remove from your credit report?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Go onto Google and research the Fair Debt Collection Practices Act to find out how to challenge the debt.
Go onto Google and research the Fair Debt Collection Practices Act to find out how to challenge the debt.
If you were never SERVED with the law suit, then you may be able to get the judgment set aside if you can show that service was never made.  You will likely need an attorney to investigate the Return of Service and file a Motion to Set Aside Default Judgment.  If the Return of Service looks proper, then you will have to prove that you were NOT served, which is sometimes hard.  It will be best if you can prove that you were somewhere else on the date and time of service.However, this process will take a fair amount of time.  If you actually owe the debt, reaching a settlement may be your cheapest, fastest option.  Even if the judgment is set aside, you may still have to deal with the debt depending upon how old it is.... Read More
If you were never SERVED with the law suit, then you may be able to get the judgment set aside if you can show that service was never made.  You... Read More
You need to domesticate your judgment in MD, and levy there.  Thus, you need an MD lawyer.
You need to domesticate your judgment in MD, and levy there.  Thus, you need an MD lawyer.
This could be a collection violation if they are claiming you owe more money than you do ornot giving you credit for payments made. If so, you might be able to sue them for $1,000.00 damages and make them pay the legal fees. 
This could be a collection violation if they are claiming you owe more money than you do ornot giving you credit for payments made. If so, you might... Read More

Can I sue a company for calling me, my family and my place of business after being asked to stop?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
What you need to do is to send them a letter stating that pursuant to the Fair Debt Collection Practices Act you are denying the debt and tell them to stop contacting you. Send that letter by certified mail, return receipt requested. Thereafter, for each ocassion that they contact you, it is a violation of the act punishable by $1,000 per contact. Research the act on Google.... Read More
What you need to do is to send them a letter stating that pursuant to the Fair Debt Collection Practices Act you are denying the debt and tell them... Read More
Yes - they can. There is no free health care because you say you can't afford to pay. Whether they collect who knows but they can sue, get a judgment to enforce and trash your credit if the bills are not paid. 
Yes - they can. There is no free health care because you say you can't afford to pay. Whether they collect who knows but they can sue, get a judgment... Read More

Do I get to sue a payday lender?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its probabaly a fraud collection scam unless you can ID the actual entity and confirm they are real. If you thnk its a legitimate brick and mortar company - you can call our office at 1-800-922-6442. 
Its probabaly a fraud collection scam unless you can ID the actual entity and confirm they are real. If you thnk its a legitimate brick and mortar... Read More
If you feel that there is a negative entry on your credit history, then you can contact the credit agency and challenge the entry.
If you feel that there is a negative entry on your credit history, then you can contact the credit agency and challenge the entry.
HOw would asking random lawyers online address this? We have no possible way to know. 
HOw would asking random lawyers online address this? We have no possible way to know. 
Youneed to dispute this with the credit reporting agency and then contact a lawyer to figure out WHY medicare says you don't ow the charge , like balance billing for example, as you might have a lawsuit for a collections violation where a lawyer can you damages for the creditors conduct. ... Read More
Youneed to dispute this with the credit reporting agency and then contact a lawyer to figure out WHY medicare says you don't ow the charge , like... Read More

attorney fee

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yep - pay the money unless you want to spend more trying avoid a foreclosure. It was your mistake by not paying what you owed, so this can be avoided in the future. 
Yep - pay the money unless you want to spend more trying avoid a foreclosure. It was your mistake by not paying what you owed, so this can be avoided... Read More

I need a lawyer that deals with lease agreements

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Any consumer lawyer can help you here. They are NOT contingent fee issues as a general rule so be prepared to pay hourly rate and retainer to get usable and reliable advice. 
Any consumer lawyer can help you here. They are NOT contingent fee issues as a general rule so be prepared to pay hourly rate and retainer to get... Read More
You contest the underlying debt that is the basis for the report.
You contest the underlying debt that is the basis for the report.
You may owe it.  It depends on who signed the admission agreement, and if you signed anything.  Medicare does not pay this automatically, and sometimes not at all.  Bottom line is if you are sued, get a lawyer.  If they are sending you letters, get your evidence together as these cases can and will be pursued.... Read More
You may owe it.  It depends on who signed the admission agreement, and if you signed anything.  Medicare does not pay this automatically,... Read More

Irrevocable trust on home

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
If you transferred title to an irrevocable trust six years ago, your personal creditors cannot attach a lien to your trust property.
If you transferred title to an irrevocable trust six years ago, your personal creditors cannot attach a lien to your trust property.