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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 19
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Recent Legal Answers

i have a bill me later account and was disabled when i applyed for account have a mental illness didnt know what i was doing what are my options

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If you can prove that you were not in any legal capacity to contract at the time, the contract will be rescinded.
If you can prove that you were not in any legal capacity to contract at the time, the contract will be rescinded.

Who do I pay to release a judgment the creditor or the attorney?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Typically the creditor. If things went screwy you can usually make payment to the clerk for the value of the judgment and they will issue a satisfaction. If it gets off track, you may need to hire a lawyer to help get it resolved. You can always call our office to arrange for a FREE conference at 1-800-922-6442.... Read More
Typically the creditor. If things went screwy you can usually make payment to the clerk for the value of the judgment and they will issue a... Read More

atty filed lien in public records. now filed order on motion to perfect motor vehicle

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It may be the same lien simply re-recorded. Many times the same lien is re-recorded or registered in different places to put people on notice that the lein exists.
It may be the same lien simply re-recorded. Many times the same lien is re-recorded or registered in different places to put people on notice that... Read More

loan and bank account

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depends on the terms of your account agreement, but likely yes, just like your not supposed to write checks on closed accounts or leave the account empty with outstanding checks.
Depends on the terms of your account agreement, but likely yes, just like your not supposed to write checks on closed accounts or leave the account... Read More

I live in Florida, Hillsborough County and I'm trying to figure out what kind of Attorney I need.

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Hate to say it ...but...not gonna happen. As a co-signor, you agreed to be fully responsible for the debt, not to point the bank in the right direction and say" go get em tiger". If you want your credit to be safe, YOU need to get with the bank, get the loan caught up and keep payments current until YOU can sue your ex for the money back, ....if she has it. If you feel we an help, we offer FREE consulations at 813-877-6442.... Read More
Hate to say it ...but...not gonna happen. As a co-signor, you agreed to be fully responsible for the debt, not to point the bank in the right... Read More

Is a email agreement to release a judgement binding?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It is possibly as to the agreement alone. They should provide you a satisfaction of judgment that is recorded to show you owe no money in public record IF the judgment was re-recorded as lien.
It is possibly as to the agreement alone. They should provide you a satisfaction of judgment that is recorded to show you owe no money in public... Read More

I am being sued by Macmillan Lomass Association for assessment recovery department.what is the proper there threatening to foreclosed on our home whaI

Answered 12 years ago by attorney Jonathan Howell   |   1 Answer
Why haven't you paid your assessments? How delinquent are you?
Why haven't you paid your assessments? How delinquent are you?

Someone owns me money, How can I get it back?

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You should stop what you are doing immediately before she ends up suing you! Its sounds as if your agreement is unenforceable since you did not file a lawsuit long ago, and are likely barred by the statute of limitations.
You should stop what you are doing immediately before she ends up suing you! Its sounds as if your agreement is unenforceable since you did not file... Read More

Can I be sued for for money owed to a finance company while I was incorporated and no longer in business

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. It all depends on what you signed. Most business loans have personal guarantees unless you havea huge corporation. You can call our office 1-800-922-6442 for FREE consultation on this issue if you would like.
Possibly. It all depends on what you signed. Most business loans have personal guarantees unless you havea huge corporation. You can call our office... Read More

I received a call at work stating I was being sued for a debt. I panicked and paid the debt. Today I received a letter in the mail 2 collect another

Answered 12 years ago by Ms. Lisa Renee Wilcox (Unclaimed Profile)   |   1 Answer
It sounds like you possibly have a claim for a violation under the the Fair Debt Collection Practices Act. The Act was created to protect consumers from abuses in debt collection.     Here is a link to the act that you will want to check out the statute: http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text You can instruct a debt collector to make all inquiries about the debt through your attorney.  Once the debt collector has been instructed to make inquiries through your attorney, they should no longer make any direct contact with you.   For example, there are violations that relate to calls that are made without your consent to your employment, cell phone or residence.  Such violations typically provide for $1000 paid to you for each violation plus attorneys fees.     We would require more detailed information to evaluate the potential claims that are available to you.... Read More
It sounds like you possibly have a claim for a violation under the the Fair Debt Collection Practices Act. The Act was created to protect... Read More

am I obligated to pay my dead spouse's hospital bills

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer
Unfortunately, in RI that is definitely a possibility.  However, it can depend on the nature of the bills and it is possible to negotiate the balances or discharge the debts in bankruptcy, if necessary.
Unfortunately, in RI that is definitely a possibility.  However, it can depend on the nature of the bills and it is possible to negotiate the... Read More

have credit card with ex she had accumplated the debt. the credit company wont take me off the card since i am primary. what do i need to file a case?

Answered 12 years ago by Carl P. Deluca (Unclaimed Profile)   |   1 Answer
It doesn't sound like you have a defense to the debt you owe on the credit card.  The fact that you allowed her to use it makes you liable. You could file suit against your ex, most likely in small claims court.  
It doesn't sound like you have a defense to the debt you owe on the credit card.  The fact that you allowed her to use it makes you liable. You... Read More

How long can I go without paying a financed car loan before they can legally repossess it?

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
1 day after the agreement is breached. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
1 day after the agreement is breached. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call... Read More

I have an employee who has a garnishment filed on him but the amount seems outrageous what should he do?

Answered 12 years ago by attorney Brian Russell Huddleston   |   1 Answer
Yes.
Yes.

I work parttime and only support myself and pay my bills myself. I got a garnishment put on me by lawyers for JCMH. Had major surgery.

Answered 12 years ago by attorney Brian Russell Huddleston   |   1 Answer
They can take quite a bit and leave your take home as less than the minimum wage. You can contest the amount and often the judge will reduce the amount. Of course, that means the garnishment will go on for a longer period.
They can take quite a bit and leave your take home as less than the minimum wage. You can contest the amount and often the judge will reduce the... Read More

How to collect money owed to me by individual

Answered 12 years ago by attorney Brian Russell Huddleston   |   1 Answer
Sue him and get a judgment against him and then garnish his paycheck.
Sue him and get a judgment against him and then garnish his paycheck.

Debt Collector

Answered 12 years ago by Ms. Lisa Renee Wilcox (Unclaimed Profile)   |   1 Answer
In short, under Federal and Florida law you have the right not to be harrassed by a debt collector.  In the event that you file a case to stop the harrassment, you would be entitled to $1000 per violation plus attorneys fees.  We can provide you with a more detailed answer with more information about the emails and calls you are receiving. ... Read More
In short, under Federal and Florida law you have the right not to be harrassed by a debt collector.  In the event that you file a case to stop... Read More

safety deposit box

Answered 12 years ago by Ms. Lisa Renee Wilcox (Unclaimed Profile)   |   1 Answer
Yes, it is possible to negotiate with the company that seized your safety deposit box for the return of your documents.   If they are not willing to return the documents then a motion would need to be filed with the court and an order entered directing them to return the documents to you.    ... Read More
Yes, it is possible to negotiate with the company that seized your safety deposit box for the return of your documents.   If they are not... Read More

what happens if i don't pay my mortgage for a few months

Answered 12 years ago by Ms. Lisa Renee Wilcox (Unclaimed Profile)   |   1 Answer
If you stop paying your mortgage for a 4-6 months, you will be in default under your mortgage.  That will have an impact on your credit report and it is likely that your lender will file a lawsuit for foreclosure against you.   If you feel that you need to stop paying your mortgage, you might consider trying to modify your mortgage to reduce your monthly payment so that you can get caught up on your credit card debt.  Additionally, you may have some consumer debt collection violation claims due to to your credit card debt that could result in your creditors having to pay you money.   I would need to have more information about your mortgage, income, and the value of your home to evaluate whether you would be a candidate for a modification. ... Read More
If you stop paying your mortgage for a 4-6 months, you will be in default under your mortgage.  That will have an impact on your credit report... Read More

HOW LONG CAN A JUDGEMENT BE KEPT ON A CREDIT REPORT?

Answered 12 years ago by attorney Brian Russell Huddleston   |   1 Answer
There is no time limit if the judgment creditor properly renews the judgment. If not, I think the initial period is 10 years.
There is no time limit if the judgment creditor properly renews the judgment. If not, I think the initial period is 10 years.

Paycheck garnishment

Answered 12 years ago by attorney Brian Russell Huddleston   |   1 Answer
There is a form that you can fill out that allows the judge to make some adjustments. There is also a head of household hardship exception. Otherwise, I would estimate that about 75% could be garnished.
There is a form that you can fill out that allows the judge to make some adjustments. There is also a head of household hardship exception.... Read More

I won a judgement, but garnishe is a "server," how can I get the monies owed to me.

Answered 12 years ago by Sefton K. Smyth (Unclaimed Profile)   |   1 Answer
If he's earning any wage along with the tips, you can garnish the employer for the wages.  And if the tips go into some communcal pot, which is then redistributed among the staff, you should be able to garnish that as well.  However, if the customers just leave cash tips, and your debtor just pockets the cash, there's nothing you can really do about that.... Read More
If he's earning any wage along with the tips, you can garnish the employer for the wages.  And if the tips go into some communcal pot, which is... Read More

Can I sue a co-borrower?

Answered 12 years ago by attorney Mitchell A. Nathanson   |   1 Answer
You most certainly can sue him! You should also alert the District Attorney.
You most certainly can sue him! You should also alert the District Attorney.

Law firm in Florida took $13000+ for debt consolidation and never did anything what do I do.

Answered 12 years ago by attorney Mitchell A. Nathanson   |   1 Answer
Have you asked them for your money back or proof that they performed under the agreement?
Have you asked them for your money back or proof that they performed under the agreement?

Can a credit card company take any of my vehicles for past debt?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Quite likely if the money has been reduced to judgment.
Quite likely if the money has been reduced to judgment.
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