Collections Legal Questions

The pupose of "co-signing" is to make you equally responsible for the debt.  It does not matter than they did not send you a demand letter.  The Creditor may not know how to contact you, or more likely, the creditor simply does not bother actively trying to collect debts for defaulted apartments, because the chances of collecting anything is very low.  (If someone could not afford to pay his or her rent, the odds are not good that the person can pay the debt later.)  So they probably just put the entry on your credit report hoping that you will pay it off if you want to obtain credit later.... Read More

You'll have to talk to the landlord and work with them. You could also try to address this in the collection action with the garnishment as your benefits should be exempt. Worse case scenario, if there is some impropriety by the collector, you may have a damages claim to pursue, tbut these can be very technical and tricky.... Read More

First, the is no "justice on anyones side" as that would not be justice by definition. Unfortunately, there are way too many variables to provide you a response, other than you need to immediately hire a lawyer to sort this out for you, including potential statute of limitations defenses that may exist, as I agree that this may well be a time barred debt that they are trying to bamboozle you on. If you can't or choose not to hire a lawyer, you may find this of help. www.5hourlawschool.com... Read More

Such is the price of not hiring an attorney to handle the transaction. YOu will likely need several lawyers due to the multistate issue, but should start with retaining a Florida lawyer to get you oriented. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.... Read More

Hi Kisha, Yes. You will need to file a response to the complaint, most likely in the form of a demurrer, raising the statute of limitations defense. Our firm has defended quite a few of these claims, including those where our defense was on statute of limitation grounds. If you do not raise the statute of limitations in your initial responsive pleading you will likely waive it, so you want to make sure that you properly handle this. Let me know if you want to discuss your matter. Thanks,Jon... Read More

Generally the original Promissory Note is essential to sue as a Promissory Note, but the lender can still sue and either (a) include a count for Lost Note and reestablish the note, or (b) sue simply under the "Money Lent" cause of action.  So even if you did not deliver the originally signed note, the lender can still go after you for the money owed.... Read More

Try to deal with these people in writing rather than by phone, since you can't prove what happened during a phone conversation.  (Don't record a telephone call unless you clearly state at the beginning of the recording that the call is being recorded.)  Keep a copy of all documents.If you paid the bill, then demand that the Doctor's office give you a copy of your account showing the bill has been paid.  Be insistant but polite.  Show up at the office if you have to.Even if you don't have that document yet, write a letter to the collection agency saying: (a) you demand verification of the debt under the Fair Debt Collections Practices Act (FDCPA); (b) you dispute this debt because it has been paid off (enclose the copy if you have it, but make sure your SSN is covered); (c) since the debt has been paid, you will consider it harassment if they try to collect the bill from you again or put a negative entry on your credit report.If they call you again to collect the bill, before you say anything else you should (a) get the name of the person calling you (b) get the name of the agency and its address, (c) jot down the exact time and date of the call.  Then tell them that you paid the bill, and wrote them a letter about it.  THEN GO TALK TO AN ATTORNEY WHO HANDLES FDCPA CASES.  That attorney can sue the collection agency, and you could recover up to $1,000 in statutory damages, any actual damages (usually none), and the other side will have to pay the attorney's fees.... Read More

You will not likely find anyone interested in a "one off" case against a judgment proof debtor on a contingent fee. This is one of the clearest reasons I dissuade people from pro-se small claims litigation as more often than not you spend dollars chasing dimes. If he is head of household, and house in foreclosure, you will likely never see the money to which your judgment entitles you. If you are intent on trying, the only practical means will be to hire a lawyer on an hourly rate to do this or possibly pay some money to an attorney to give you some pointers on strategies. BE WARY of pushing too hard on this yourself as you may well be regulated under the FCCPA if the basis for the judgment is a consumer debt and could expose yourself to a lawsuit or sanctions  if handled improperly. Should you have any other questions or concerns, please feel free to contact our office for a FREE consultation at 1-800-922-6442.... Read More

The answer is NO. As an aside, I am in the process of establishing a series of seminars focused on teaching pro-se litigants some of the basics of litigating cases, ranging from small claims cases on up. If you would be so kind as to give my office a call at 1-800-922-6442, I would like to your opinion about my project since it would be oriented at people such as yourself.... Read More