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490 legal questions have been posted about debtor and creditor by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include collections, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Debtor And Creditor Questions & Legal Answers - Page 4
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Debtor and Creditor
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Recent Legal Answers

I'm engaged. How will my existing debt affect my partner if we get married?

Answered 5 years ago by Gerald Lewis White (Unclaimed Profile)   |   1 Answer
Correct.  However, as you acquire community property during marriage, your debt may be collected from the community property.
Correct.  However, as you acquire community property during marriage, your debt may be collected from the community property.

What can I do to find out who and Why someone is trying to put a lien on my property

Answered 5 years and a month ago by William Eugene Maddox, Jr. (Unclaimed Profile)   |   1 Answer
It is likely a scam.  Any suit filed against you should be filed in a city/county where you live or do business.  Theoretically, you should be able to contact the court clerk there to find out if a suit has been filed against you. 
It is likely a scam.  Any suit filed against you should be filed in a city/county where you live or do business.  Theoretically, you should... Read More

What to do with an invalid default notice?

Answered 5 years and a month ago by Gerald Lewis White (Unclaimed Profile)   |   1 Answer
Legal action should not be required.  You need to find with someone with your lender who has authority to review your loan file and resolve the issue in writing.  Sometimes having an attorney contact them on your behalf gets their attention and gets you in contact with someone who cana resolve the problem.  Don't ignore it.... Read More
Legal action should not be required.  You need to find with someone with your lender who has authority to review your loan file and resolve the... Read More

Do I have to pay my credit card debt?

Answered 5 years and a month ago by Gerald Lewis White (Unclaimed Profile)   |   1 Answer
You are not personally liable for your spouse's debts merely because you are married.  You have to have also signed the application or contract.  However, his creditors can collect from your community property.  Whether they will take legal action (lawsuit) to do so is not certain.  If they do, you may be able to work out a settlement or discharge the debt in a bankruptcy.... Read More
You are not personally liable for your spouse's debts merely because you are married.  You have to have also signed the application or... Read More

Garnishing wages

Answered 5 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Hi, We can assist in locating the information and enforcing the judgment on a 1/3 contingency fee basis. Mitchell A. Nathanson    595 Stewart Avenue, Suite 520    Garden City, NY 11530    mitchell@nathansonlaw.com
Hi, We can assist in locating the information and enforcing the judgment on a 1/3 contingency fee basis. Mitchell A. Nathanson    595... Read More

Am I liable, as Durable Power Of Attorney for my 97 year old father, with dementia, living in a care facility, for a debt to a pharmacy service?

Answered 5 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are willing to pay the debt why the question? That stated, the bill is in his name not yours  - so not sure where there is an issue that affects you. Presumably you used your address for the billing. You can always use a PO Box you set up for your father if you want to keep the contact trully separate. ... Read More
If you are willing to pay the debt why the question? That stated, the bill is in his name not yours  - so not sure where there is an issue that... Read More

I have been served with a Writ of Garnishment. My bank accounts have had the money placed on hold.

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, you will need to hire a laywer, at some out of pcket expense, to help you address the garnishment issue. There are no shortcuts and the starting point is there is a valid judgment and you will lose money to the creditor because you owe it legally, absent some legitimate exemption or the judgment beoing overturned by the court. ... Read More
Unfortunately, you will need to hire a laywer, at some out of pcket expense, to help you address the garnishment issue. There are no shortcuts and... Read More

How do you stop a wage garnishment from 2009?

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sounds like a judgment was entered so thats good for 20+ years. You will need to hire a lawyer out of pocket to address this and possibly help you through an exemption hearing.
Sounds like a judgment was entered so thats good for 20+ years. You will need to hire a lawyer out of pocket to address this and possibly help you... Read More

what can i do

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If this is accruate its a FCCPA collection violation. YOu may be entitled to up to $1000.00 in penalties and any actual damages you may have suffered. YOu need to retain a laywer ASAP to address this. You can call out office at 1-800-922-6442 at your conveinence. 
If this is accruate its a FCCPA collection violation. YOu may be entitled to up to $1000.00 in penalties and any actual damages you may have... Read More

how do i handle a suit from a car loan company

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a lawyer to intevene and respond to the lawsuit. Hopefully, this can be resolved without lots of litigaiton expenses. 
You will need to retain a lawyer to intevene and respond to the lawsuit. Hopefully, this can be resolved without lots of litigaiton expenses. 

Can I be sued for a personal loan from a friend if I have not been in default of the promissory note and repayment agreement made?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
He can sue you, but he will lose if you have not breached the terms of the note.
He can sue you, but he will lose if you have not breached the terms of the note.

Is it legal for a collection agency to call a persons place of business, and leave a message about an outstanding debt on the answering machine for ot

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately business debt does not get the same protections as consumer debt, so yes. 
Unfortunately business debt does not get the same protections as consumer debt, so yes. 

an attorney new that I was unemployed. My husband did get a waiver for Head of Household FL Statue 222. how do I contact the court to let them know?

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Making poor decisions is not being bullied. YOU decided to play with lawyers in court and you can see what that got you. You will need to a hire either a civil trial lawyer out of pocket or a bankruptcy lawyer to address this issue. The civil trial lawyer to undo the mess you made or the bankruptcy lawyer to address that option if the judgment is substantial enough. ... Read More
Making poor decisions is not being bullied. YOU decided to play with lawyers in court and you can see what that got you. You will need to a hire... Read More

What happens if I keep my car from getting repossession?

Answered 5 years and 10 months ago by attorney Mr. Brian D. Zinn   |   1 Answer
No, you will not go to jail if the lender cannot repossess the vehicle.  You may want to think about filing a bankruptcy which allows you to catch up on car loan and mortgage payments.  It depends on your situation.  I do not know in which part of Florida you live, but you should speak with an attorney in your geographic area.  ... Read More
No, you will not go to jail if the lender cannot repossess the vehicle.  You may want to think about filing a bankruptcy which allows you to... Read More

Previous owner (car) gave me a copy of the cancelled check (final pmt in accord and satisfaction) Finance Comp wont release title to me, now what?

Answered 6 years ago by attorney Mitchell A. Nathanson   |   1 Answer
You will need to commence an action to terminate the lien.
You will need to commence an action to terminate the lien.

I was served by a debt collector with 20 days to serve a response or go into default.

Answered 6 years ago by Brian David Shapiro (Unclaimed Profile)   |   1 Answer
Each case is unique so do not substitute this response as proper legal advice.   If you filed your answer with the Court, then take the filed stamp copy and mail the copy to the attorney.  File with the Court a certificate of service in which you warrant that you served it by U.S. Mail.   Here is a link to a civil help center that may assist you.   Civil Help Center   I urge you to contact an attorney so you can obtain proper legal advice as time may be an issue in your case.   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
Each case is unique so do not substitute this response as proper legal advice.   If you filed your answer with the Court, then take the filed... Read More

can I get money out of a structured medical fund

Answered 6 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sure if you want to sell it to an investor like JG Wentworth
Sure if you want to sell it to an investor like JG Wentworth

In Florida, garnishee denies Defendant Works with them and I found evid he does. What should my reply state? Motion for hearing? Or just a reply to sa

Answered 6 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is where you retain a lawyer to handle the issue going forward. This is not a DIY project with such issues. 
This is where you retain a lawyer to handle the issue going forward. This is not a DIY project with such issues. 

I've been served to appear in court for a credit card debt....do I need a lawyer?

Answered 6 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its rarely a good idea to try to defend such cases in court alone. Those lawyers tout a 95% judgment rate on such cases, meaning 100% of the people thought they would be the 5% who actually won in court. 
Its rarely a good idea to try to defend such cases in court alone. Those lawyers tout a 95% judgment rate on such cases, meaning 100% of the people... Read More

Lent

Answered 6 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is always a chance - but it will be costly and diffuclt unless they concede they borrowed money from you. 
There is always a chance - but it will be costly and diffuclt unless they concede they borrowed money from you. 

Can a debt collector/lawyer charge me a fee to set up a payment plan? (see details below)

Answered 6 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If they have legal fees, or have filed a lawsuit, they will general expect you pay those fees as part of a settlement and the court will generally them if they win. Bear in mind that it is YOU that is asking for a favor in the guise of a payment plan, which they are not obligated to give you. You always have the right to say "No!" and then defend the lawsuit in court.... Read More
If they have legal fees, or have filed a lawsuit, they will general expect you pay those fees as part of a settlement and the court will generally... Read More

If i only bring home 220.00 every two weeks can my wages be garnished

Answered 6 years and 3 months ago by Scott F. Bocchio (Unclaimed Profile)   |   1 Answer
You can file for hardship.  I would suggest calling the creditor and ask them to work out a "reasonable" payment.  Explain to them your current financial situation.    Scott F. Bocchio President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read More
You can file for hardship.  I would suggest calling the creditor and ask them to work out a "reasonable" payment.  Explain to them your... Read More

Will a debt mediaition firm call you

Answered 6 years and 3 months ago by Scott F. Bocchio (Unclaimed Profile)   |   1 Answer
Ask them to send you validation on their company letterhead. Once you receive this validation you will then contact the Secretary of State and run a background check on the company prior to engaging in a payment arrangment.
Ask them to send you validation on their company letterhead. Once you receive this validation you will then contact the Secretary of State and run a... Read More

If I remove myself from me and my boyfriends joint account can it still be garnished? I have a judgment against me

Answered 6 years and 3 months ago by Scott F. Bocchio (Unclaimed Profile)   |   1 Answer
YES. If you are legally responsible for the debt at thew time it was taken out, then you can't simply remove yourself from the legal obligation and can be subject to garnishment.  
YES. If you are legally responsible for the debt at thew time it was taken out, then you can't simply remove yourself from the legal obligation and... Read More

Credit card company / bank

Answered 6 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Keep asking creditor to provide copy of bills. When you go to court, tell the judge that the creditor would not provide you with a copy of the bills and the judge will order them to provide you with a copy. Get the case continued in order for you to have time to review the bills.
Keep asking creditor to provide copy of bills. When you go to court, tell the judge that the creditor would not provide you with a copy of the bills... Read More
Debtor and Creditor
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