Collections Legal Questions

First, collectors are monitoring your credit, which includes your bank account.  Second, judgments are generally on your report in the public record section.  If nothing is there, you likely have none.  However, if you want to be double sure, call the court clerk in your county, and ask them to look at the judgment roll and see if you are on it.... Read More

By definition, a credit card does not have money "in it", although you could have a credit balance.  If the amount of those funds exceed $2150, then that could be restrained if the card is under your SS#.  Your safe deposit box can be restrained, and can be opened pursuant to a court order.  Whatever is in the box could be sold and the proceeds could be applied to the judgment debt.  ... Read More

In order to "take out money" from your bank account, the creditor must have a judgment.  In order to have a judgment, the creditor must have sued you.  In order to have sued you, the creditor, by its attorneys, must have served youwith a Summons and Complaint.  Before any funds may be "levied" (taken from your account), the bank must give you 20 days to assert an exemption, although your account may be restrained (Frozen).... Read More

Your suit should be covered by the bond.  Do you have an existing suit.  You need to have one to preserve the lien.  If you did not file a suit, then you are going to have to sue the subcontractor that hired you, as the lien is expired, the bond does not cover you and you have no claim against the general contractor.  These cases can be complex if the amount at issue is not large.... Read More

Imposible to answer your question as phrased other than to say the county in which you file. That stated, if you intend to pursue enforcement of the note, you really need to hire a lawyer if you don't understand even where to file the lawsuit you intend. If its not worth hiring a lawyer to pusue the case, its not worth pursuing the lawsuit to begin with.... Read More

Good morning. We may be willing to take the matter on a contingency basis (i.e. a percent of what we are able to collect plus expenses) depending on the status of the home building company and the liklihood of collecting the same. Please feel free to contact me to discuss this matter in more detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read More

Good morning. I am sorry for your situation. You should be able to file a complaint in court against your friend and attempt to collect the $30,000.  If you are able to obtain a judgment then you will need to execute on the said judgment.  If your friend has a job then we could potentially attach his wages.  If your friend has other assets then we could possibly go after those assets. Please feel free to contact me to discuss the matter in more detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us.   ... Read More

Your question about using a recorded phone conversation raises an important issue that may be of broad general interest to readers of this site.   Without the consent of all parties to the transaction, that would amount to illegal wiretapping. Do not do it.    I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation.   This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Please note that there is a difference between what a judgment creditor has the RIGHT to do, versus what the judgment creditor is likely to do or can choose to do.Once a judgment has been entered, the judgment creditor has the right to enforce the judgment by garnishment, levy or a few other judgment enforcement methods which may not apply to your case.  Most of the time, this right starts 10 days after the judgment has been entered.  With a few odd exceptions, the creditor does NOT need to accept your long-term payment plan -- The Judgment Creditor is free to choose to work with you, or to ignore your requests and invoke garnishment or levy. Here's where it gets complex: If your wages were garnished and you worked for someone else, then you could claim that your wages were exempt from garnishment under Fla. Stat. 222.11, which protects the wages of a Head of Family.  However, because you work for an S Corp that you own and are the sole employee, the application of the statute becomes more complicated, and depends on the circumstances.  On the other hand, if the judgment creditor puts you out of business, the creditor has no chance of getting paid -- That is the creditor's choice.  On the other hand, you may qualify for other exemptions which would allow you to exempt the money garnished; each natural person gets a $1000 personal exemption under the Florida Constitution, and another $4000 of you do not claim the Homestead Exemption (by statute).  But you have to claim those exemptions or they are waived.  There are other exemptions under Florida Law that may apply to you.There are a number of additional negative consequences to having a judgment entered against you.  It may appear on your Credit Report.  If you own any real property now or in the future (for up to 20 years), the judgment can become a lien on non-homestead property if a certified copy of the judgment is recorded in the county where the property is located -- however, mortgage companies will usually be unwilling to loan money to someone with a judgment against them, so it will be difficult to buy a home.If a Final Judgment has not yet been entered and you admit you owe the money, it is probably in your best interests to contact the Creditor's attorney and work out a payment schedule which should be clearly written as a "Payment Stipulation." The Stipulation should state that as long as you continue to make the agreed payments, the creditor will NOT have the judgment entered against you.  Letting the case go to default is usually a mistake.  You may be able to reduce the amount of attorney's fees, you may be able to negoticate a lesser total payback or a waiver of interest.... Read More

I'm not sure what your question is, but here are a few thoughts:  Was the car insured at the time of the wreck?  If so,  why were you sued?  For there to be a garnishment, there must have been a lawsuit...when & where was the lawsuit filed?  Who is the collection agency?  What are you trying to accomplish...stop the garnishment, figure out the balance, or something else?... Read More

Who is the creditor?  How was the payment of the $7,500 made to the creditor?  At the time you made the payment, did the creditor give you any indication that more was owed on the account?  Were you given the title to the vehicle?  Has the creditor given you an itemized bill stating all the fees charged?  How long after you made the payment was it before you were told more was owed on the account?... Read More

Candidly creditors and the courts are unconcerned about your living conditions or quality of life. If yo uhad a personal guaraantee and you owe the money for the business debt, in todays realm creditors frequently sue people and obtain judgments that are good for twenty years plus. YOu will need to find a way to resolve those debts, take your chances on gettin sued or possibly file bankruptcy. ... Read More