Collections Legal Questions

aaahhhhh the price of out smarting yourself. These are all questions you should have asked PRIOR to shuffling the money around and starting the shell game. YOu will simply need to spend a good bit of money hiring a lawyer to sort this out in detail and answer your questions in similar fashion. ... Read More

Its only harrassing if you answer the phone and they persist or you better yet have sent the cease and desist and they continue to call. What becomes a problem is when debtors run the duck and hide defense and the creditors are empowered to do things to establish contact. If you need to retain a lawyer to send them a proper no contact letter BUT be aware that if its a legitimate debt and you just avoid them, they will often just file suit against you or sell the debt to someone who will. ... Read More

You did not post your location, so I cannot definitively answer.  If in NYC, you need to contact a Marshal.  Other bigger cities have marshals.  If not in a place with a Marshal, then you need to contact the Sheriff in the county where the judgment debtor lives or has property.  If the judgment is not from the same county, you may need to docket it in that county.... Read More

According to your question, it appears the collection attorney is aware the debt has been paid.  If the collection attorney refuses to dismiss the case, you will need to show up at Court with your proof of payment and show it to the Judge.  Hopefully, the Judge will agree to dismiss the case without requiring you to pay the Court costs.  For future reference, once you've been sued, or a creditor is represented by an attorney, you should communicate with the attorney and not with the creditor directly.  ... Read More

Assuming that the information on the record is not about you, you need to send a letter to them, certified mail, return reciept requested, wherein you put them on notice of the error and ask them to correct it. If they have not done so within thirty (30) days, then you can file suit to make them remove it.... Read More

The Statute of Limitations in Florida is 5 years for a written agreement, and 4 years for most other things including a loan without a written agreement.  Unless this creditor obtained a judgment against you, the debt is probably past the Statute of Limitations (there are a few unusual exceptions) and cannot be sued upon.  This does not mean that the debt is "gone," but that it cannot be enforced through legal process.Yes, it sounds like a scam.  I have heard of these kinds of scams before with old payday loans.  Your wages cannot be garnished unless there is a judgment against you, and even then there are exemptions and procedures that must be followed.The next time they call, before you disclose anything to the caller, get and write down the following information: (a) the name of the caller, (b) the name of the company he or she works for, (c) the name of the original creditor, if different, (d) the mailing address of the person at the company, (e) the amount of the original debt and the ammount they claim is currently owed, (f) Whether they have any paperwork on this debt that you signed, (g) whether they have filed a lawsuit or obtained a judgment.  If they  have obtained a judgment or have any paperwork, ask for them to send a copy -- and that you will not pay anything without seeing and verifying the paperwork.Then write a letter to the address given (send it by certified mail and make sure you keep a copy) telling the company that you demand verification of the debt, that you deny the debt, and to not contact you again except by mail.If they call again, they will be in violation of federal and state consumer collection laws, and you may want to talk to an attorney who handles Creditor Harrassment cases.... Read More

No, you will NOT be arrested for a payday from 2008.  It is very common for payday loans to be sold to debt collectors who will use almost any tactic necessary to collect the debt, including threatening arrest or litigation.  In Alabama, you will NOT be arrested for not paying a payday loan.  If the loan was originated in 2008, it's likely the statute of limitations has passed and they cannot sue you.  The person/debt collector calling you may not even legally own the debt or have a right to collect it.  ... Read More

You are bound by the terms of the agreement. Period. Its always amazing how people that owe money always seem to graft some unannounced condition on when it comes to payment. Obviously, if you knew some monies were owed, you could have equally contacted the vendor to request an invoice or to remit payment. That stated the SOL for a non-written agreement debt is 4 years and if based on a written agreement 5. You may also have different SOL to deal with if the contract is deemed to be in another state, which is common for out of state vendors. ... Read More

From what you describe, it appears that the lawn care contractor may have violated a few provisions of the Ohio Consumer Sales Practices Act and the Home Solicitation Sales Act (HSSA) which begins at 1345.21 using the above link.  Among other things the HSSA essentially requires that if the contract is made in your home that there must be a written contract with a written notice of your right to cancel within 3 days.  It is a little more complex than that, but you get the idea.  If you don't get the notice of that right, your 3 days doesn't start to run until you do get it, meaning that may still be able to "cancel" the contract that you didn't have--I know it does sound circular.  Ohio has one of the most pro-consumer, consumer statutes in the country.  Sometimes it really isn't fair, but it seems to be made for exactly a case like this. You COULD just tell them that and cancel the contract, but they would never believe it.  I know, people go to trial over this kind of stuff.  If you do go to trial, in the right case you can actually get 3 times your actual damages, plus attorneys fees.  I don't really recommend this as it seems like you just want them to go away.  It may be helpful to talk to an attorney to be sure that this all applies to the specific facts in your case and then have the attorney threaten legal action.  If that doesn't work, my second recommendation is that you consider paying some nominal settlement, through the attorney, as a little money now is frequently much better than worrying about a lawsuit--but that's just me.  I don't believe in spending legal fees just to prove a point.  Even if you don't ulitmately have to pay the fees yourself because you get an award of fees, it will still save you sleepless nights and more.... Read More

In 1986 there was the case of ST. JOSEPH HOSP. v. PINSON which held that a spouse is liable to pay for the  other spouse's necessary medical expenses even if there is not a signed agreement to do so. That is the last case that I can find that addresses this issue and so as far as I can tell it is still good law. However, in the absence of you signing a specific agreement to be responsible for those bills, I think that the current courts would not hold you liable for his medical expenses.... Read More

Collecting is Small Claims is a challenge.  If you want to go after the judgment debtor's bank account, then you must GARNISH the account, not levy.  The Sheriff is not involved.  A levy with the Sheriff can only go after "goods and chattels, lands and tenaments, equities of redemption in real and personal property and stock in corporations."So, go back to the Clerk and ask for the forms needed to garnish a bank account.  However, if the judgment debtor is a "head of family," meaning that he or she provides more than 50% of the support for a child or other dependent, or for a married couple, is the primary decision maker for the family, then Fla. Stat. §222.11 grants an exemption from garnishment.There is a little known trick in the Small Claims Rules called a "Hearing in Aid of Execution."  See Rule 7.221.  It can NOT be used by attorneys.  The Judge is supposed to require the judgment debtor fill out the "Fact Information Sheet," and then require the judgment debtor to appear before the Judge to answer questions about the debtor's assets.  This may help you find out how to get paid.  That may be your best option.... Read More

Bank accounts are executed upon.  Wages are garnished.  You can file an exemption form to try and hold back some money upon a bank execution but the only way to avoid the judgment and the executions and garnishments is to file a bankruptcy. Bankruptcy happens to be the focus of my practice and I would be happy to meet with you to tell you more if you are interested. (203) 870-6700... Read More

If you filed for Chapter 7 bankruptcy and listed the payday loan company as a creditor, then you would have gotten a discharge order. If you don't have a copy, you can contact the bankruptcy court where you filed your bankruptcy and get a copy of the petition and discharge order and send it to the payday loan company.... Read More

I don't think there's anything you could claim for. Licensure is no guarantee of quality artwork. At best, a license gives the consumer some confidence that the artist practices his trade safely.  Unless he misrepresented himself as being licensed and you suffered some injury as a result of that misrepresentation, you might, at best, have a claim for breach of contract. If you approved the design and size before inking, and especially if it matched any thermal transfer he applied to your skin first, you would not have a breach of contract claim. If the quality of this tattoo was about the same as what he showed you in his portfolio,  then you got what you paid for.  A cheaper solution than removal might be to get a licensed professional to fix it up or even mask it with another one right on top. ... Read More

A wage garnishment can only happen by court action in Florida, except for the IRS.  Except for very rare exceptions, a Florida Court will not allow a garnishment of wages unless a judgment has already been entered against the employee. The procedure is that after a judgment has been entered, the judgment creditor applies for a "continuing writ of garnisment."  The court must enter an order directing the Clerk to issue a "Continuing Writ of Garnisment."  That writ is then served upon your employer by a process server.  At that point, your employer is obligated with withhold 25% of your take home pay that exceeds 30 times the Federal Minimum Wage per week.  Your employer then files an Answer to Writ of Garnisment, stating that you work there and that they are withholding the required funds.  (Your employer should HOLD those funds until a court order is issued, but some employers improperly send the money to the judgment creditor.) Then (HERE'S THE IMPORTANT PART) the judgment creditor is required to send you a "Notice of Garnishment" which includes forms you can use to claim the "head of family" exemption under Fla. Stat. 222.11.  If you are a head of family, then you need to submit the forms as instructed.  The Judgment Creditor must respond with a denial affidavit, or the garnishment should be dismissed.  Otherwise, the court will set a hearing to determine whether the exemption applies.HERE'S THE OTHER IMPORTANT PART.  If a debt collector has been threatening to garnish your wages before a judgment has been entered against you. you should immediately talk to an attorney about whether the debt collector has violated either the Federal Fair Debt Collections Practices Act (FDCPA, 15 U.S.C. §1692) or the Florida Consumer Collection Practices Act (FCCPA, Fla. Stat. §559.72), or both.  Debt collectors are not allowed to lie to you or mislead you.  You may be able to sue the debt collector and get any actual damages you have suffered, plus up to $1,000 in statutory damages even if you have suffered no actual damages, plus your attorney's fees and costs are paid by the debt collector.  Usually the attorney who handles collection harassment cases will represent you at no cost to you.... Read More