Debtor And Creditor Legal Questions

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490 legal [2, *]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 9
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Recent Legal Answers

You need to sue your former friend for unjust enrichment and replevin (to get the car back). You need to not only get the car to give back to the dealer (if she really doesn't plan to pay once she finds out you wont continue to do so) but also a judgment against her for all the payments you made for the car. A lawyer's letter might do the trick once she finds out you intend to cooperate with the bank to help them locate and repossess her car, and stop making the payments.  ... Read Answer
You need to sue your former friend for unjust enrichment and replevin (to get the car back). You need to not only get the car to give back to the... Read Answer
It is a problem.  You cannot take the car because it is registered to her.  You can sue in civil court for what you paid, but what evidence do you have it was not a gift, and she owes you.
It is a problem.  You cannot take the car because it is registered to her.  You can sue in civil court for what you paid, but what evidence... Read Answer
You are not liable as a matter of contract.  If debts are for "necessaries" which are food, medical care, etc., then technically you can be liable but credit card companies rarely sue based on this.
You are not liable as a matter of contract.  If debts are for "necessaries" which are food, medical care, etc., then technically you can be... Read Answer
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Generally yes - its called a deficiency balance. 
Generally yes - its called a deficiency balance. 

May need to file suit against person defaulting and delinquent on a card which I co-signed.

Answered 9 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Nope. Its your account as co-signor. You will need to pay off the entire account and THEN see about closing the account down. You cansue the other person in the mean time, and should hire a lawyer to do so, but you will be taking a financial bath doing so and focused primarily on stoppinhg the purchasing of further items. ... Read Answer
Nope. Its your account as co-signor. You will need to pay off the entire account and THEN see about closing the account down. You cansue the other... Read Answer

Is NY a spouse information sharing state?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
What you are being told is gibberish.  Sounds like a scam.
What you are being told is gibberish.  Sounds like a scam.
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There are no "do-overs" in the world where you "clear up" a defaulted loan of someone else. You loaned an irresponsible person 40k from a HELOC, it was a bad risk, and now you owe on the HELOC because you made a poor financial decision. You may need to talk to a bankruptcy lawyer about whether there are options there like a Chap. 13 that might help. ... Read Answer
There are no "do-overs" in the world where you "clear up" a defaulted loan of someone else. You loaned an irresponsible person 40k from a HELOC, it... Read Answer
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Not likely no. 
Not likely no. 
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This is where hiring a lawyer is critical. There may be some financial hits related to the property damage aspects of the case and these are often indirectly accommodated by the injury claims. This places an emphasis on maximizing the injury claims. If your daughter does not have a lawyer handling that portion of her case, if there is proper insurance coverageand she wasnot at fault,  we may be of assistance. She can call our office at 1-800-922-6442 for a free consult. ... Read Answer
This is where hiring a lawyer is critical. There may be some financial hits related to the property damage aspects of the case and these are often... Read Answer
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There are such lawyers and we are they! The problem here is determining whether you owe the money or not. For $500.00 most lawyers will be able to contact the health care provider and the insurance carrier to see what was ACTUALLY paid by insurance and go from there. IF this is wrongfull collection there may be a remedy under the Florida FCCPA for collections misconduct, and those cases are usually handled on a contingent fee. ... Read Answer
There are such lawyers and we are they! The problem here is determining whether you owe the money or not. For $500.00 most lawyers will be able to... Read Answer

If a person who files a complaint against another dies, what happens to the complaint?

Answered 9 years and a month ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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What is the status of the matter? By "complaint", do you mean in a Court? Was a Judgment entered? :If so, that judgment becomes an asset of the estate of the deceased person. However, if his family is unaware of it, it may, eventually go away. Your best bet is to speak with a good local lawyer. Good luck.... Read Answer
What is the status of the matter? By "complaint", do you mean in a Court? Was a Judgment entered? :If so, that judgment becomes an asset of the... Read Answer

If attorney withdraws from case do i still owe him

Answered 9 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Depends on the reason for the "conlfict of interest"...if its because of something YOU did, you probably are not entitled to a refund. If its was not, then the lawyer should not charge you for a case he should not have taken. 
Depends on the reason for the "conlfict of interest"...if its because of something YOU did, you probably are not entitled to a refund. If its was... Read Answer

credit card company in florida refuses to refund my down payment. Can i file a lawsuit to get my money back

Answered 9 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Possibly - whether you win or not is a different issue. 
Possibly - whether you win or not is a different issue. 

We have a debt of collection of 10,000 that has not been active since 2011

Answered 9 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The answer is "it depends". See § 47-3-118. Statute of limitations on negotiable.  
The answer is "it depends". See § 47-3-118. Statute of limitations on negotiable.  

I need assistance with fire department violations

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
In addition to a lawyer, you might need a plumber to clear the violations by certifying compliance with the law.  No one could comment on the violations without seeing them.
In addition to a lawyer, you might need a plumber to clear the violations by certifying compliance with the law.  No one could comment on the... Read Answer

What can I do about a company calling me.

Answered 9 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Possibly - this may be a collections violation case but this will revolve around whether the debt claimed is in fact accurate. 
Possibly - this may be a collections violation case but this will revolve around whether the debt claimed is in fact accurate. 
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If you borrowed directly from the school (or from some entity tied to the school somehow), you might have a chance, but if the money came from outside, it was you, not the lender, who decided to use it at the wrong school, so you can't get it cancelled because of your poor choice. Sorry.
If you borrowed directly from the school (or from some entity tied to the school somehow), you might have a chance, but if the money came from... Read Answer

My cimpany is a s corporation in florida. If a collection agency is threatening a attorney file for a judgement agai

Answered 9 years and 2 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Possibly all of the above as there is usually a personal guanatee in the agreements you signed. 
Possibly all of the above as there is usually a personal guanatee in the agreements you signed. 
If you agreed to the auto pay as a condition of your loan, then you do not have the option to opt out unless the pay day lender agrees.
If you agreed to the auto pay as a condition of your loan, then you do not have the option to opt out unless the pay day lender agrees.

How do I find fix my mortgage situation

Answered 9 years and 2 months ago by David J Hutchinson (Unclaimed Profile)   |   1 Answer
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Get a lawyer to help you and act quickly. Most mortgage holders would rather take your money and continue getting paid monthly than foreclosing, but you often have to work hard to get to the person with the authority to take money and reinstate the mortgage. Good Luck.
Get a lawyer to help you and act quickly. Most mortgage holders would rather take your money and continue getting paid monthly than foreclosing, but... Read Answer

garnishment of wages

Answered 9 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I did not see a question.
I did not see a question.
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Not many options with no money. He needs to learn to take some responsibility for his life as this is a seires of poor decisions and bad handling that have led to the judgment. Trying to solve this problem wont do anything unless the underlying irresponsibility is addressed. 
Not many options with no money. He needs to learn to take some responsibility for his life as this is a seires of poor decisions and bad handling... Read Answer

Can i sue an exboyfriebd for money i loaned him

Answered 9 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Yes that is enough to sue on and you can sue him.
Yes that is enough to sue on and you can sue him.

default judgment

Answered 9 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to contact the clerk of the court to find out the information on the garnishment.
You need to contact the clerk of the court to find out the information on the garnishment.
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Unfortunately, given that you have been served with formal legal papers, you CANNOT ignore them. You must respond to them appropriately and timely. Sorry. Get a good lawyer
Unfortunately, given that you have been served with formal legal papers, you CANNOT ignore them. You must respond to them appropriately and timely.... Read Answer