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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 12
Do you have any Collections questions page 12 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 495 previously answered Collections questions.
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Recent Legal Answers

Service of Process

Answered 9 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If you are close enough, I would suggest that you go to the clerks office of the court where you were sued and have them pull the file and get copies of the papers that say how you were served. This is a public record. You might want to consider hiring an attorney to represent you.
If you are close enough, I would suggest that you go to the clerks office of the court where you were sued and have them pull the file and get copies... Read More

lawsuit filed for personal loan at Discover by Zwicker

Answered 9 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
After a judgment is obtained, the Discover has a right to execute on any property that you own and they can find. However, you have the right to exempt a specific amount of property from execution. If I were you, I would contact them, explain situation and try to work out a payment plan. IF YOUR TRUCK IS PAID FOR, DO NOT TELL THEM THAT.... Read More
After a judgment is obtained, the Discover has a right to execute on any property that you own and they can find. However, you have the right to... Read More

I am judgement proof no assects only ssi, if I have to go to court ,to defend myself ,I cannot afford lawyer,can I defend myself?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
One is always allowed to represent oneself in court.  However, there are many legal aid groups that can help you if you are truly impoverished.  Call one.
One is always allowed to represent oneself in court.  However, there are many legal aid groups that can help you if you are truly... Read More

How to I find a lawyer to dispute a student loan that was taken out without my knowledge or consent.

Answered 9 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I was out of the country and didnt attend alone does NOT mean you don't have financial liabilities for the tuition. There may be other factors like your providing proper notice and cancellation policies. If this is a private loan you might have more recourse in some ways than a GBSL. You will likely have to retain a lawyer at some out of pocket expense to address this issue though given the facts. ... Read More
I was out of the country and didnt attend alone does NOT mean you don't have financial liabilities for the tuition. There may be other factors like... Read More

How do I collect a judgement won in civil court nj if the plaintiff lives in new york?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Your question is unclear.  Civil Court is in New York City.  In NJ, there is Special Civil Part and Superior Court.  The answer depends upon the court.  You need to docket the judgment in NJ, and then have it recorded as a foreign judgment in NY.  It is a simple process.... Read More
Your question is unclear.  Civil Court is in New York City.  In NJ, there is Special Civil Part and Superior Court.  The answer... Read More

Can I sue my college for mistakely ruined my credit?

Answered 9 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely for several reasons including that your credit isn't ruined if its corrected. To be clear, if you allowed the debt to go to a collection company in the first place it may well have been reported properly at that time and you are stuck with that. 
Not likely for several reasons including that your credit isn't ruined if its corrected. To be clear, if you allowed the debt to go to a collection... Read More

a judgement was granted January 26, 1998. When does the statute of limitations for collection end.

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
New York judgments stay on the record for 20 years, unless renewed for more.  You have two years left where it can be collected against you.
New York judgments stay on the record for 20 years, unless renewed for more.  You have two years left where it can be collected against you.

What can I do to prevent gas shut off ?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
The gas bill is a claim against the estate, but the house is an asset.  If there is no mortgage, then you need to get the house in your name so you can pay the bill.  The claim is not expunged.  Offer to pay the bill since your mother died as a compromise.  You cannot get free gas since then.  Usually the gas company will work with you if you pay the current bill.... Read More
The gas bill is a claim against the estate, but the house is an asset.  If there is no mortgage, then you need to get the house in your name so... Read More

How can I stop an HOA from harrassing me?

Answered 9 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on what they are doing, as it could violate the FCCPA. If the harrassment is simply telling you you owe money, which you may well owe as selling the house does not relieve YOU of the payment obligations, you ay have other issues to address. 
Depends on what they are doing, as it could violate the FCCPA. If the harrassment is simply telling you you owe money, which you may well owe as... Read More

A creditor just got a judgment. If I make some kind of regular payments, can they seize an account w/o any notice?

Answered 9 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The creditor has not have to accept the lower payments if they don't want to. Go to the judge and ask for lower payments.
The creditor has not have to accept the lower payments if they don't want to. Go to the judge and ask for lower payments.

HOW LONG FROM AN OVER DUE BILL CAN YOU BE TENURED A JUDGEMENT IN THE STATE OF TENNESSEE.

Answered 9 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Don't pay the bill. When the collection agency calls, get all of the information on the account. Then send them a certified letter pursuant to fair debt collections practices act that you do not owe the debt and are not going to pay if. Send it by certified mail, return receipt requested. You can go online to find out how the letter should be worded. After they receive the letter, each time they contact you is a violation of the act for which they are liable for $1,000... Read More
Don't pay the bill. When the collection agency calls, get all of the information on the account. Then send them a certified letter pursuant to fair... Read More

Return of an item

Answered 9 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
To many variables here from an in telectual property angle. You will need to retain an IP lawyer and go from there or simply re-record the footage if thats cheaper. 
To many variables here from an in telectual property angle. You will need to retain an IP lawyer and go from there or simply re-record the footage if... Read More

How to file a claim against an individual?

Answered 9 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Contact the General Sessions Court Clerk in the county where you live.
Contact the General Sessions Court Clerk in the county where you live.

Hi my name is Eric M, and i have a problem and i hope you can help me. i went to Huntington learning center and they rob me $14,000

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
They obviously did not literally rob you.  If you did not get the services you paid for, then sue them.
They obviously did not literally rob you.  If you did not get the services you paid for, then sue them.

Statute of Limitations:

Answered 9 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The statute of limitations for breach of contract is 10 years. If they sue you within 10 years but did not get service for process, then they can collect. You referenced 2 court dates. I would suggest that you contact the clerk of the court and find out when they first filed suit against you.... Read More
The statute of limitations for breach of contract is 10 years. If they sue you within 10 years but did not get service for process, then they can... Read More

what is a reputable consumer credit counseling company in arizona?

Answered 9 years and 7 months ago by Franklin D Troy Dodge (Unclaimed Profile)   |   1 Answer
You might try 1st Choice Credit Counseling at www.mybknow.com or call toll free at 1-877-692-5669.
You might try 1st Choice Credit Counseling at www.mybknow.com or call toll free at 1-877-692-5669.

I'm thinking about taking a roommate to small claims court in Florida. Was wondering if I should have legal representation with me.

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You should because you likely will have no idea what you are doing. By example, that you have a roommate with no roommate agreeement could cost you dearly and most renater/tenant lawyers would have told you that from the beginning. You also need to understand you may well be wasting your time spending money on this issue andbe better off simply moving on. ... Read More
You should because you likely will have no idea what you are doing. By example, that you have a roommate with no roommate agreeement could cost you... Read More

bank account holds

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
They can freeze the account.  Then you can fill out paperwork to demonstrate the funds are exempt to undo the freeze.  The 1920 must be exempt funds.  Not all funds are exempt.
They can freeze the account.  Then you can fill out paperwork to demonstrate the funds are exempt to undo the freeze.  The 1920 must be... Read More

How can I get a defualt judgement vacated/set aside

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You have to file an order to show cause to vacate the judgment.  Call a local lawyer.
You have to file an order to show cause to vacate the judgment.  Call a local lawyer.

Judgments

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, it would be your burden to then assert that the funds are exempt.  Once asserted, it is the creditors burden to prove they are not.
Yes, it would be your burden to then assert that the funds are exempt.  Once asserted, it is the creditors burden to prove they are not.

2ND PARTY COLLECTIONS POSSIBLE?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
In theory, what is being done is a fraudulent conveyance, and could be attacked, and a creditor could come after you.  In reality, this almost never happens, so you should be fine doing your plan.
In theory, what is being done is a fraudulent conveyance, and could be attacked, and a creditor could come after you.  In reality, this almost... Read More

Bank Account Monoriting

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Bank accounts appear on other databases besides credit reports, so it is possible for a collector to find your account if they are collecting the judgment.
Bank accounts appear on other databases besides credit reports, so it is possible for a collector to find your account if they are collecting the... Read More

When do they sue?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no rule.  In general the debt will be sold to a collection firm, and suit will be started.  Remember, that the service of the complaint will be on whatever address is on the account, so if not your current address you may have no notice of it.
There is no rule.  In general the debt will be sold to a collection firm, and suit will be started.  Remember, that the service of the... Read More

Person owes me money. Can I get paid by attaching her tax return

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No. You will have to sue first and get a judgment to even use the word attachment. 
No. You will have to sue first and get a judgment to even use the word attachment. 

Student loan debts that my son has

Answered 9 years and 7 months ago by Michael H. Fayard (Unclaimed Profile)   |   1 Answer
Your son may be able to file bankruptcy to get rid of the student loan debt. Student loans can be discharged based on certain conditions such as disability (including mental). This is a complex area of law and you will need an attorney that is well versed in bankruptcy law guide you. 
Your son may be able to file bankruptcy to get rid of the student loan debt. Student loans can be discharged based on certain conditions such as... Read More
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