Debtor And Creditor Legal Questions

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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 10
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Recent Legal Answers

I forgot about a couple of payday loans what is my legal right on these it has been approximately 3 years

Answered 9 years ago by Susan Joyce Pearlstein (Unclaimed Profile)   |   2 Answers
Payday loans are just like any other loans.  Even though they may not be showing up on your credit report, that does not necessarily mean that the creditor has forgotten about you!  Sometime there are valid legal defenses that you can assert against a creditor, and sometimes there are not.  If the creditor wants to be paid, you have to evalutate your obligation to that creditor and then carefully choose how to respond to their request for payment.    ... Read More
Payday loans are just like any other loans.  Even though they may not be showing up on your credit report, that does not necessarily mean that... Read More
Any civil trial lawyer. We handle such cases routinely. The issue is not the amount owed alone but making sure you arent getting scammed ormake settlements that can have even worse impact on you later. 
Any civil trial lawyer. We handle such cases routinely. The issue is not the amount owed alone but making sure you arent getting scammed ormake... Read More

is it possible to talk to the judge about lifting a garnishment

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The judge will not talk with you. You can file a slow pay motion to hopefully stop the garnishment. You would need to talk with the clerk of the court that issued the garnishment about the filing of a slow pay motion.
The judge will not talk with you. You can file a slow pay motion to hopefully stop the garnishment. You would need to talk with the clerk of the... Read More
You will need to retain a lawyer to help you file disputes with the CRA's and possibly sue the companies as needed. 
You will need to retain a lawyer to help you file disputes with the CRA's and possibly sue the companies as needed. 

Will I be responsible for my late husband's medial debt?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If you signed somthing agreeing to be liable, then you are liable. If you did not, then you are not liable.
If you signed somthing agreeing to be liable, then you are liable. If you did not, then you are not liable.
The 'ol "he said if he died I don't owe anything" story will simply not get far here even if it were true. This will revlve around the terms and condition of the loan paperwork and you may well simply owe the money to the estate. You may want to hire a lawyer and see if you can negotiate a lesser amount paid in settlement if possible. ... Read More
The 'ol "he said if he died I don't owe anything" story will simply not get far here even if it were true. This will revlve around the terms and... Read More
It sounds like BOTH of you are on the judgment and as such BOTH of you owe 100% of the money. The creditor will get it out of who ever they get to that has it, whether by garnishment, attachment, foreclosure, etc. You might have an argument if you were divorced whn the lawsuit was filed that there is "bad service" but you will have to hire a lawyer at some expense to pursue that properly. This would get you out of the current judgment and force the creditor to start all over. ... Read More
It sounds like BOTH of you are on the judgment and as such BOTH of you owe 100% of the money. The creditor will get it out of who ever they get to... Read More

JUDGEMENTS FROM A LAW FIRM

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
This is an unusual situation.  The judgment must be large.  Both you and he need a lawyer.  You also need to deal with the judgments.
This is an unusual situation.  The judgment must be large.  Both you and he need a lawyer.  You also need to deal with the judgments.

Is there a statute of limitations on unsecured debt?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If you made no payments on the debts in the last ten years, than the statute of limitations has run and you do not owe the debt.
If you made no payments on the debts in the last ten years, than the statute of limitations has run and you do not owe the debt.
Nope. It is not the lenders fault you made the decision you did. That is all your responsibility. You made a horribly poor financial choice and now, sadly, you get the rsponsbility of your decisons. 
Nope. It is not the lenders fault you made the decision you did. That is all your responsibility. You made a horribly poor financial choice and now,... Read More

Unsecured Bank Loan

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
Was the Credit Union "scammed?" If only you werre scammed, and, at your request (having been scammed), the Credit Union put out money on your behalf, yes, you owe it. What is it you think they have done wrong? Is there more here? If so, let us know.
Was the Credit Union "scammed?" If only you werre scammed, and, at your request (having been scammed), the Credit Union put out money on your behalf,... Read More

recovery of money owed

Answered 9 years ago by attorney Sharon M. Siegel   |   2 Answers
You did not post your location, but that will impact the answer.  In NYC, Civil Court claims can be up to $25,000.  Outside of the City, claims must be $15,000 or less for district or county court.  While claims in these inferior courts can be handled cheaply, if Supreme Court is required the cost goes way up.  Legal fees will not be included in any judgment.... Read More
You did not post your location, but that will impact the answer.  In NYC, Civil Court claims can be up to $25,000.  Outside of the City,... Read More
Hello Karen, To which firm is this inquiry directed? Mitchell Nathanson
Hello Karen, To which firm is this inquiry directed? Mitchell Nathanson

Can creditors collect interest on a debt?

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Of course - if its provided by the credit agreement or by statute. 
Of course - if its provided by the credit agreement or by statute. 
Of course you have to make up the difference.  You owe the loan.  You will be sued eventually if you do not pay.
Of course you have to make up the difference.  You owe the loan.  You will be sued eventually if you do not pay.

Can I take someone to small claims who owes me money?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
Anyone can sue anyone.  However, you must have some proof -- a check, an email saying thank you -- something.
Anyone can sue anyone.  However, you must have some proof -- a check, an email saying thank you -- something.
Possibly - the question will be is it worth you spending money out of pocket to do so on legal fees and expenses and whether the entity that may owe you the funds is collectible. 
Possibly - the question will be is it worth you spending money out of pocket to do so on legal fees and expenses and whether the entity that may owe... Read More
You can contact our office at 1-800-922-6442. 
You can contact our office at 1-800-922-6442. 

Can a judgement take our car? If so do they pay off the loan?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
There are several issues.  TO answer your direct question, if the car was taken by the judgment holder then it would need to pay off the lien from the lender.  Generally, judgment holders do not take cars for this reason.  However, if the judgment was on default and the papers were forged, he can move to open the judgment and have it canceled.  However, this would require reporting the forgery.  Child support is based on income, and no one can increase it for spite.  There are strict guidelines setting the amount.... Read More
There are several issues.  TO answer your direct question, if the car was taken by the judgment holder then it would need to pay off the lien... Read More
Unfortunately, you are out of all realistic options.
Unfortunately, you are out of all realistic options.
Typically a consumer or bankruptcy lawuer will suffice for this. 
Typically a consumer or bankruptcy lawuer will suffice for this. 
Yes, but what is owed may include fees for setting up the repo.
Yes, but what is owed may include fees for setting up the repo.

Question regarding judgement/garnishment

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your best bet is to hire a lawyer to address the judgement/service issue ASAP. Judgments are good for 20 years and its possible they will catch you without an exemption while the judgment increases in value or make you miserable trying to collect it.
Your best bet is to hire a lawyer to address the judgement/service issue ASAP. Judgments are good for 20 years and its possible they will catch you... Read More

How can I get a garnishment on individuls for a bad debt? What would be cost of services?

Answered 9 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You have to get a judgment before you can garnish their wages.
You have to get a judgment before you can garnish their wages.