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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 17
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Recent Legal Answers

A Summary Final Judgement against me by a JDB; Unfair Hearing & Judgement based on Improper Procedure, Evidence, Answer Not Considered or Ruled On

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately the typical result of self lawyering. I am not sure what the question is, but at best your remedy is now some form of review for re-hearing or appeal, which is most certainlyeven more expensive andless effective to hire a lawyer for now. If you have any questions or concerns, please feel free to contact our office at 813-877-6442 for a FREE consultation. ... Read More
Unfortunately the typical result of self lawyering. I am not sure what the question is, but at best your remedy is now some form of review for... Read More

How can a creditor set a higher amount to garnish after the garnishment for a different amount of money has already started?

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No way to tell without reviewing the documents. However, garnishment is means of enforcing a judgment and judgments accrue interest and sometimes have attorney's fees added to them. If you have any questions or concerns, please feel free to contact our office at 813-877-6442 for a FREE consultation. ... Read More
No way to tell without reviewing the documents. However, garnishment is means of enforcing a judgment and judgments accrue interest and sometimes... Read More

Can I collect on a loan that has no contract?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You are probably stuck for a variety of reasons. You can try to file a suit against her for what remains to be paid, but I suspect you would be wasting your time. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
You are probably stuck for a variety of reasons. You can try to file a suit against her for what remains to be paid, but I suspect you would be... Read More

What type of lawyer do I need?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on what your plans are. Civil trial/consumer lawyer to defend or bankruptcy lawyer to file bankruptcy are 2 most common.
Depends on what your plans are. Civil trial/consumer lawyer to defend or bankruptcy lawyer to file bankruptcy are 2 most common.

payday loan relief

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Bankruptcy, get second or better paying job, sell things to get money to re-pay, borrow money from someone else to repay, negotitate a settlement or payment plan, or ignore and see what happens. That the basic choices. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
Bankruptcy, get second or better paying job, sell things to get money to re-pay, borrow money from someone else to repay, negotitate a settlement or... Read More

had 2 back surgeries in the past 3 month.

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can ask each credit card company for forebearance of some sort, but bear in mind that they are typically NOT obligated to do so. Also check to see ifyou have any type of disability payment inusrance on each card. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read More
You can ask each credit card company for forebearance of some sort, but bear in mind that they are typically NOT obligated to do so. Also check to... Read More

can a person that got a judgement against you freeze a joint account including your kids accounts?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If your name is on the account, its likely legal. You will have to sort out the lien with the court and may ned to hire a lawyer to do so. If you have further questions or concerns, you can call our office at 1-800-922-6442 for a FREE consultation
If your name is on the account, its likely legal. You will have to sort out the lien with the court and may ned to hire a lawyer to do so. If you... Read More

What is meant by "independent counsel" when used in a loan agreement.

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to retain a lawyer at your expense to assist you in this transaction before you go any further. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.
You need to retain a lawyer at your expense to assist you in this transaction before you go any further. If you have any further questions, we do... Read More

How many times can a creditor call me?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may have a case under the FCCPA for collections harrassment if its about a past due debt. We handle such suits all the time. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.
You may have a case under the FCCPA for collections harrassment if its about a past due debt. We handle such suits all the time. If you have any... Read More

can I file for bankruptcy if im in debt only in credit cards?

Answered 11 years and 8 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer
Yes.  There is no requirement that you have debts other than credit cards to file a bankruptcy. Whether it is your best option is another story altogether and can only be determine after a consultation with an experienced bankruptcy attorney.  
Yes.  There is no requirement that you have debts other than credit cards to file a bankruptcy. Whether it is your best option is another story... Read More

Can two pending lawsuits against you be tried by the same judge?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no inherent disqualficiation for this fact pattern. You should speak to the lawyers handling those issues about the impact of that circumstance. If you any questions please call our office at 1-800-922-6442 for a FREE consultation.
There is no inherent disqualficiation for this fact pattern. You should speak to the lawyers handling those issues about the impact of that... Read More

Can PayPal Put Send Me To The Debt Collection Agency With Only Just My Name And My Old Address? They Don't Have My SNN, Credit/debit or Bank info

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Absent fraud or lying on your part, sounds like you and they know they have the right person. You may have an issue though with your being a minor when the transactions took place, which may make the debt unenforceable. If you any questions please call our office at 1-800-922-6442 for a FREE consultation.... Read More
Absent fraud or lying on your part, sounds like you and they know they have the right person. You may have an issue though with your being a minor... Read More

How to get rid of a judgement from your credit file if company states they no longer own judgement , it was sold?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can only get rid of jugment when it expires, is illegal or satisfied. I am assuming its none of these, so your only other option is to find the current owner and try to resolve with them. If you have any questions feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
You can only get rid of jugment when it expires, is illegal or satisfied. I am assuming its none of these, so your only other option is to find the... Read More

What is a preditory loan?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally, there is no magic bullet to this, as presmably you agreed to the terms and conditons in writing when you bought the car, which I presume was at a buy here/pay here? While there may be some issues to look at, the question is whether you want to spend money on legal fees reviewin the paperwork or challenging the issue.If you have any questions feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
Generally, there is no magic bullet to this, as presmably you agreed to the terms and conditons in writing when you bought the car, which I presume... Read More

If my ex-wife wants to relinquish debt can we have paperwork signed in front of a notary to file with the courts? or does it have to be with a lawyer?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its impssible to answer your question as phrased. What do you mean by "relinquish debt?" To be clear, noone can simply opt themselves out of a legal obligation, unless the creditor agrees to do so, notarized document or not. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More
Its impssible to answer your question as phrased. What do you mean by "relinquish debt?" To be clear, noone can simply opt themselves out of a legal... Read More

Asking for Mediation Hearing from Creditor

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
I think you misunderstand the process which is why the lawyer laughed. Mediation does not provide you any of what you requested. Any payment plan extended will ONLY come from the creditor, and ONLY if they want to do so. There is no entitlment to a payment plan let alone one you deem you can afford. Based upon your statements, you would be wise to hire an attorny to help you address these issues as such mistakes canbe very very costly. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation. ... Read More
I think you misunderstand the process which is why the lawyer laughed. Mediation does not provide you any of what you requested. Any payment plan... Read More

What can I do with a possible harassing creditor without filing for bankruptcy?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It may or may not be harassment. We would need to check on the facts for a more details. You may have claims under the FCCPA or the FDCPA that can be pursued on a contingent fee. (where lawyer gets paid by offender) If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More
It may or may not be harassment. We would need to check on the facts for a more details. You may have claims under the FCCPA or the FDCPA that can be... Read More

How to answer civil action summons from creditor demanding judgment against us

Answered 11 years and 9 months ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
First things first – yes, answer the Complaint, whether yourself or through hiring an attorney.  Sounds like your case is in the County Court (meaning they are suing you for more than $5,000, but less than $10,000).  If you don’t answer the Complaint, you run the risk of getting a Clerk’s Default – essentially preventing you from raising any defenses.  Litigation can get pretty complicated so I would suggest considering hiring an attorney to help you out.  Even if you agree that you owe the debt, you should protect your rights as the Defendant.  Additionally, an attorney may be able to quickly get you into mediation with a reputable mediator.  Beware of some of these companies that prey on folks being sued on debts.  In a lawsuit, you need a lawyer – not a mediation company.  ... Read More
First things first – yes, answer the Complaint, whether yourself or through hiring an attorney.  Sounds like your case is in the County... Read More

Could you go to Jail for not paying a Automobile Payday Loan

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
As phrased this would be a violation of the FCCPA, the Florida Collection Practices Act. HOwever, if there is a lien or you assigned title to the car to the lender, there could be some truth to the threat if you refuse to bring them the car on demand. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
As phrased this would be a violation of the FCCPA, the Florida Collection Practices Act. HOwever, if there is a lien or you assigned title to the car... Read More

notice requirement for debt in small claims debt dispute

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no minimum time. If there is a breach of the agreement, its ripe for suit. There is also no "statute to get the case dismissed" as these are legal issue that really need to be addressed by a lawyer. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More
There is no minimum time. If there is a breach of the agreement, its ripe for suit. There is also no "statute to get the case dismissed" as these are... Read More

Made payment arrangements, am making every payment early, now put in collections

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you can prove it, yes. This is always the issue when the only proof is the opponents records. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.
If you can prove it, yes. This is always the issue when the only proof is the opponents records. If you have further questions, feel free to contact... Read More

Can my bank account be frozen by the government if they are garnishing wages already

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. Garnishing wages is just one of many means to enforce a judgment.
Yes. Garnishing wages is just one of many means to enforce a judgment.

what will happen if stop making payments

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sue you for deficiency after selling for garage sale value for starters. Before you do such a tingm and given the value at issue, I would retain a lawyer to help you address the issue.
Sue you for deficiency after selling for garage sale value for starters. Before you do such a tingm and given the value at issue, I would retain a... Read More

I recieved a settlement check in my name but i did not sue anyone

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No wat to answer this without examining check and more detail. For sure DO NOT CASH IT, as it could equally bea fraud scam.
No wat to answer this without examining check and more detail. For sure DO NOT CASH IT, as it could equally bea fraud scam.

Original Creditor Still Reporting Past Due Balance After Issuing 1099C Forgiving the Debt. Can They Continue to Report as Currently Past Due?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Typically, no. In fact tif they did a 1099c and continue to report an accruing amount owed, you may have both a FCRA case and an FCCPA case to address. You should consult a local attorney in this regard ASAP! If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read More
Typically, no. In fact tif they did a 1099c and continue to report an accruing amount owed, you may have both a FCRA case and an FCCPA case to... Read More
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