Collections Legal Questions

If they have a garnishment, that means that they successfully sued you and obtained a judgment against you. They can garnish your wages and/or bank account until the judgment is paid in full. Depending on the amount of the judgment, it may make more sense to use your money to pay off the judgment than to pay a lawyer. How much is the jidgment for?... Read More

You have an issue because you knew you were in default for the rented rims, and they demanded them back,  and tried to be slick selling the car with them. If they send you a notice per Fla. Stat. 812.155 you are likely in a bind because if you don't pay off the rims you rented, they can simply fill out an affidavit and you will likely catch a felony rental theft charge by the local prosecutor. Not sure why you would rent rims and let them hold $1500 worth of rims as thats a poor decision. You should have slapped some cheap wheels and tires on the car when you rented the rims at issue.... Read More

The family law judge cannot relieve someone of a debt to a back. They merely dicatate who is responsible between the people getting divorced. You will likely need to retain a lawyer and sue the ex for the money in addition to going back to family law court and seeing if the judge will hold him in contempt.... Read More

Its likely that the satute of limitations bars such an effort and more properly, what are you expecting to acheive assuming you had the money to fund such an endeavor. Its a fair bet the man is insolvent. Such a lawsuit should have been pursued long ago if it was to be pursued at all. ... Read More

Generallly Missouri exempts garnishment of Social Security. That is  section 513.430(10)(A) of the revised statutes of Missouri. And there are also Missouri cases  where courts that found funds in a savings account were exempt from garnishment as the account was made up of Social Security funds.  You so not say if you have been sued. Or if a judgment has been entered against you for this debt. Either way, I would recommend you consult with an attorney to get specific advise about your situation, which I am unable to provide. Also, an attorney could help in negotiating a resolution of this matter. And also advise you if you have any defenses to this debt. So you  do not loose any valuble rights, I would recommend you do this right away.  ... Read More

Helllo, While not licenssed to practice law in GA, it appears the court ordered a stay of the lawsuit filed against you. And when that took place, the case status was closed: changed from pending to closed. The easiest and most efficient way to confirm this and to answer your question is to contact the court where the lawsuit was filed.  Either by email or calling the clerk of the court. And ask them to explain these terms And in the process ask them to confirm the case is closed and there is not another court date. Take care.... Read More

     Basically, you are going to have to take the judgment you got in NJ and register it in a court in PA. And from that court, you would take your steps to collect the judgment, like issuing a garnishment, etc.  Since I do not practice in either, I cannot give you specific legal advice on what steps to take in either state.  This is where you really need the assistance of an attorney that specializes in collection law in your part of the country. Because you are going to have to find out if PA wants an authenticated copy of the NJ judgment or one that is certified in accordance with the statutes of the state in which the judgment was issued. You will need to get a copy of what PA wants and have it filed in a county there.  I do not know if PA requires this to be filed by an attorney licensed to practice law in that state or if you can do it yourself.  And it goes without saying, there will be a fee the court will want to file the registration. Once this judgment is registered in PA, it should have the same effect and is subject to the same procedures, defenses and proceedings as a judgment t originally taken in PA. Which means is may be enforced or satisfied in the same manner. The Uniform Enforcement of Foreign Judgments Act states that a foreign judgment may be registered in any court having jurisdiction.  And after its registered in PA, you would need to get their forms to prepare and file a wage or bank garnishment. And you also need to be aware of all the garnishment exemptions the defendant may have there.                ... Read More

Each case is unique and I urge you to consult with an attorney. Generally, if you have recevied a summons and complaint, it means that you have been sued.  You need to determine when you need to respond, so make sure you read the summons.  Failure to respond could result in a judgment being entered against you. Moreover, in your particular case, you have to determine if the service by mail was proper.  It could be, so you will have determine your rights.  If you sit on your rights, you will lose them. This response is no substitute for legal advice and I urge you to consult with an attorney.  I am providing you with a link to the Civil Law Help Center which may provide you with information.  Time is likely of the essence to respond, so make sure you review and determine what you need to do.   Civil Self Help Center   Be safe and healthy!!   ~ Brian   Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

If you have a balance of $179.64 that you paid off and have proof they got the money, this would be a collections violation case for attempting to collect money they are not entitled to. You need to hire a consumr lawyer ASAP. WE handle this cases on a contingent fee generally where we make the bank pay the legal fees when they are wrong. You can call our office at 1-800-922-6442 or 813-243-9233. ... Read More

You will probably need to retain a lawyer to sue them over the reporting/collection effort, but will likely needto make sure you have evidenc to prove the fraud account  beyond a mere police investigation. Hopefully they are able to ID the perp and their prosecution will be very helpful. ... Read More

Of course - because if they had to give advance notice to debtors  - they just hide the money. The process is the writ is issued and you have the ability to dispute its application if you are exempt. Its a crappy process and you should hire a lawyer to address it simply to keep them from taking advantage of you. ... Read More

You are expected to "know what you owe" and there is no requirement that the debt collector chase you down to hear stories about why didn't pay them before filing a lawsuit. Ironically, in many instances they now file lawsuits to avoid consumer lawyers like me from suing then when then step out of line trying to contact a consumer rather than filing a lawsuit. ... Read More