Collections Legal Questions

The solar co will send you a notice of whoever picks up the servicing/rights on your loan. As long as you pay them, you are fine and no negatives on your credit, you just honor the deal you made. When rights under a loan change, there is a grace period but do the best you can to be on time   good luck... Read More

I am unable to give you an answer without more facts.  An important fact that can determine whether you can recover anything from your boyfriend is if the money you gave him was a loan in writing or if he had made any payments to you evidencing repayment of a loan.  If you just gave him the money without putting anything in writing or any documentation that it was a loan that you expected he would pay back, it could be considered a gift or your contribution to the living expenses while you were living there.  As I said at the beginning I am not able to give you any guidance without more facts.... Read More

He needs to consult with a local attorney to go over the specific details ASAP. He can go to court and ask for a continuance if he can't find an attorney right away, but if the case has been pending a long time the Court may not grant a continuance, and even if they do, it will be for about 4 weeks at most. I would start with a consumer bankruptcy attorney. Most consumer bankruptcy attorneys are familiar with the laws on auto repossession and can advise about this. What your son needs to do depends upon what all he is being sued for. If the action is a "claim and delivery" where they are seeking possession of the car, he needs to make arrangements to get the car to the credit union because they are entitled to the car since he is not making the payments. The case will stay active until the credit union sells the car and calculates any deficiency, and then they will seek a judgment for that amount. If the credit union already took the car and sold it, an attorney can help your son figure out if they sold the car in a reasonable manner, refunded any premiums for warraty protection and credit insurance, and the amount they are suing for is correct. Financial harship is not a legal defense, so if his only defense is that he lost his job and could not afford the car any more, he will lose. The Court cannot force the credit union to "work with him", or make them accept a lower amount than what they are legally entitled to. Bankruptcy may be his best option if the amount they are asking for is large and especially if he also defaulted on other loans, credit cards, and so forth. He won't go to jail for this, and they can't garnish his wages, but depending upon what other property he owns, his assets may be at risk if he does not make arrangements to start paying the credit union the balance of what he owes or file bankruptcy. Judgments are good for 10 years and if they remain unpaid, can be renewed for an additional 10 years. Judgments accrue interest at 8% per annum, so he needs to address this sooner, rather than later. ... Read More

There are "supplemental proceedings" in aid of execution that can be used to ask the debtors to disclose information about their income and their assets. These include sending written interrogatories (questions) for the debtors to answer, and asking the Clerk to issue an order requiring the debtors to appear before the Clerk for questioning. You will probably need help from a collections attorney for this.    Unfortunately, most people who are evicted have no assets which are available for execution and we do not have wage garnishment for unpaid money judgments. You probably will never see a dime. If the amount of your money judgment is small, it may not be worth the time or effort to go further. An experienced collections attorney can help you make that decision.... Read More

You can contact the creditor and try to get payments deferred but make sure you get something in writing but your better move would be to speak with a Bankruptcy/ Debt attorney and explore your other options for becoming debt free.  Bankruptcy is my chief focus and I would be happy to speak with you. 203.870.6700.... Read More

You have several problems: Only one party is entitled to collect on a debt, not two. It is possible the calling might be a violation of the FDCPA (Fair Debt Collections Practices Act). You should speak to a lawyer expert in this area (more information is needed to determine if you have a case). You certainly have a right to file for relief from Garnishment, it requires filing for relief with the court having your financials straight so you can show the judge and opposing counsel your true financial situation. If you have a lawyer, you should speak to them, but you probably need to speak to someone like us who can assess your situation and advise you what makes the most sense in your situation.   Good luck.... Read More

You really need to speak with an attorney to go over the facts of your case including the agreement you made and the represntations made in the case.   If you defaulted on your settlement agreement the agreement likely allowed for entry of judgment for the full amount less payments made.  The agreement may or may not have required notice of the default and provide you with an opportunity to cure the default.  ... Read More

You asked if you can resell a product, which frankly has nothing to do with your situation.  No, absent a contract which gives you the right to do so (I assume your promissory note doesn't provide for this), you can't sell someone else's property just because you claim they owe you money.  You have to sue your debtor and, assuming you win and obtain a judgment, and he doesn't pay the judgment, you can then avail yourself of a number of different procedures to get your money, including auctioning off his property to pay the debt.... Read More

I'm not 100% sure I understand you, because restitution is something that would be ordered in a criminal case, not civil, at least where I practice, but perhaps the terminology in IA is different.  If what you are saying is that your boyfriend had a civil judgment against him for $22,000 20 plus years ago, interest keeps running on the uncollected part of that judgment until it is satisfied (again, Iowa may be different, but I doubt it).  In New York, the rate is 9% annually, which is a big number.  After 20 years the judgment would have almost tripled.  Plus there can be costs incurred in collection efforts, some of which can be added to the judgment, such as marshal's fees.... Read More

Your bank account with Social Security benefits up to two months payments are exempt under Federal law and cannot be seized. In order to claim exemption for your pension benefit, you will have to timely respond to  "Notice of Right" to claim your exempt property. This won't be served upon you until at least 30 days after a Judgment is entered. The cheapest and fastest way for an answer is to have a consultation with a consumer bankruptcy attorney who will give a free initial consultation.... Read More

Always ask them for their proof since they are the ones that have the burden of proof if they are taking you to court and you are the defendant/ debtor.  If they cannot provide proof of a valid legal agreement that is signed by you or a valid signed judgment against you, then they will likely be unable to collect a debt from you.  A creditor must prove nonpayment or breach of the terms of the valid agreement to pay and provide an accounting showing how and when there was a default of that agreement, when and how you were notified of that default, and whether, how and when they gave you an opportunity to cure the alleged default.  All of this proof can be found via discovery requests for all account ledgers, correspondence, internal notes, phone logs, certified mail receipts, and all signed promissory notes, agreements, assignments of debt etc.... Read More

You need to have both judgments (the small claims and the other) transcribed over to the State of New York. Once you are certain of the other party;s location, contact a collections attorney in that county and they can handle everything for you. Incidentally, just transcribing a judgment is not enough to enforce it. Here in NC you have to issue a Notice of Right to claim exemptions and then afterward you request a Writ of execution and the Sheriff will take any non exempt assets. They have wage garnishment in new York, so getting the judgments recorded up there may give you a better chance of getting them collected. You just have to follow though on the judgment enforcement process and don;t just let the judgments sit there.... Read More

and you are surprised by this why? YOU wanted to the puppy and agreed to pay for the financing. Its not Amazon or Walmart where you change your mind and get a refund. You made a promise, you broke it, and you owe the money. Do whats right and pay the person that actually took the financial risk to help you. Otherwise, dont cry foul about being a loser in life, how no one will help you and how its not fair, because doing things like this is where that starts. ... Read More

He can offer a payment plan.  He can offer a negotiated settlement amount in lump sum to try and get the balance down to something more manageable or he can see if he qualifies for a Chapter 7 Bankruptcy.  Please feel free to contact me for more information as he should use an attorney if possible to effectuate any of these options with success. ... Read More

You don't provide enough specific details for me to give a meaningful response. In general, if you are told you have won a contest but you have to pay something to get your prize, its a scam. Be especially suspicious if you are asked to buy Green Dot cards or other prepaid debit cars and send the information online. You can also search the North Carolina Attorney General website at ww.ncdoj.gov consumer complaint section for more information about sweepstaes scams.... Read More

It is very difficult to find a collections attorney that will work on a contingency fee. Most people and companies have no assets and thus your chance of recovering anything is very slim. If the judgment was against an individual, GA, NY and NJ have wage garnishment, which may increase the chances of recovery. North Carolina has no wage garnishment. If the judgment was against a corporation, LLC or partnership, likely there are no assets remaining and you have little chance of recovery. It takes a lot of work to have the individuals behind an LLC, corporation or partnership be hald responsible for a corprate or partnership debt and the attorney who works to establish that deserves to be paid. You cannot expect an attorney to work for free. You should contact creditor's attorneys in NY, GA, NY and NJ to see if anyone can do a "blended" fee arrangement (some up front and the rest on contingency) to register your judgment in those states and pursue judgment enforcement. Your company may need to face the grim relaity that there is very little chance of them recoverying anything on this judgment. People who are finacially irresponsible will avoid the banking system, never put assets into their own name, and do whatever it takes to avoid paying back their debts. Do not look for  just"collections" attorneys, because you will get attorneys like myself who never represent creditors. Search for a "creditor's" collection attorney. Good luck.... Read More

Sorry - none of that equates to a legal defense for not paying your credit card bills. To the contrary, the amount of the bill suggests that you racked up a lot of charges you couldn't pay for likely to "get by" which is almost aways a bad idea. Since you are being sued, you properly need to spend some money to hire a lawyer to defend the lawsuit, if for no other reason that to "keep them honest" and to try to work out some settlement or payment plan if possible. If you have a lot of debt you won't be able to pay, you need to retain a bankruptcy lawyer ASAP and consider pursuing that remedy. There is no "letter" explaining any side of the story that will resolve this issue. ... Read More