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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 6
Do you have any Debtor And Creditor questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 490 previously answered Debtor And Creditor questions.
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Recent Legal Answers

Bank of America is suing me for an unsecured debt that I quit paying when my husband died.

Answered 7 years and 9 months ago by Min Gyu (Peter) Kim (Unclaimed Profile)   |   1 Answer
Generally the laws of contract is black and white, meaning do you owe the money or not. Although the debt may have been under your spouses name only, the creditor could proceed with a lawsuit under the legal theory that the debt was incurred for the benefit of the community estate (husband and wife or family) As such, without knowing the outcome of the last hearing that you had, if the debt is still owed, you may want to consider filing a bankruptcy to discharge/eliminate all your debts all at once rather then paying back or fighting the legitmacy of the debt one by one. Consult a local bankruptcy attorney to assist you If you reside in Houston, my firm provides a free consultation to discuss your options Peter Kim, attorney 713 259 3929... Read More
Generally the laws of contract is black and white, meaning do you owe the money or not. Although the debt may have been under your spouses name only,... Read More

Do I have to wait a year to get any unclaimed debt money back

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
This is not right.  Go personally to the lawyer to get your file.  You are entitled to it as a matter of law.  If that does not work, file an ethics complaint with the grievance committee.
This is not right.  Go personally to the lawyer to get your file.  You are entitled to it as a matter of law.  If that does not work,... Read More

I just got a civil warrant from a debt collector I really want to fight it, but your professional opinion what should I do

Answered 7 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I can't tell you what to do. That is your decision.
I can't tell you what to do. That is your decision.

Can I be sued from a creditor in a state that I do not live in?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You might have defenses, but do not default.  Judgment will be entered.
You might have defenses, but do not default.  Judgment will be entered.

Can the amount on a closed off account increase ?

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You owe what you owe at the interest rate contracted for unfortunatey. Giving the car back does nothing to stop the accrual of interest on a debt you havent paid off. 
You owe what you owe at the interest rate contracted for unfortunatey. Giving the car back does nothing to stop the accrual of interest on a debt you... Read More

How can I get a hold removed from my checking account as quickly as possible?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to make a motion in the court that entered the judgment.  Depending on the court, I charge $800 for such a motion.
You need to make a motion in the court that entered the judgment.  Depending on the court, I charge $800 for such a motion.

I agreed to terms for payment on a hospital bill. I have been sending payments but they send them back. Now I am in trouble for non payment What do i

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you have a lawyer you need to address this with them. 
If you have a lawyer you need to address this with them. 

I ran a tab at a bar and when my credit card was declined they took my driver's license. Do I have to pay the tab to get it back?

Answered 7 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Why would you ask this question unless your intentions are to simply stiff the bar on the bill - which is stupid as they have your DL and can easily ID you
Why would you ask this question unless your intentions are to simply stiff the bar on the bill - which is stupid as they have your DL and can easily... Read More

If I have settled with my debt before my court date do I have to appear in court? I don’t want to have a bench warrant placed on me. Please advise.

Answered 8 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
That depends. Is there going to be a judgment entered against you and then you are going to make payments on the judgment (not desireable because of negative credit entry)? Or is the case going to be continued to allow you time to payoff what is owed and then the case is going to be dismissed (preferrable because no negative credit entry)? If you get something in writing from the creditor before court saying what the agreement is, then you will not need to go to court.... Read More
That depends. Is there going to be a judgment entered against you and then you are going to make payments on the judgment (not desireable because of... Read More

What do I do if a debt collector filed a Income Execution Order against me and the information is incorect?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
You need to get the file for the case relating to this matter, and move to vacate the underlying judgment.  If this is not your debt, you will win.  If you are not working, an income execution has no effect.
You need to get the file for the case relating to this matter, and move to vacate the underlying judgment.  If this is not your debt, you will... Read More

What would happen , if the collection went to debt and we are not in a position to pay the amount mentioned and can only pay some part of it?

Answered 8 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Negotiate with the collection agency to make a payment schedule.
Negotiate with the collection agency to make a payment schedule.

We had a judge attached a unsecured credit card debt to our property and have been told this is not legal in state of Texas. Wondering what to do?

Answered 8 years ago by Min Gyu (Peter) Kim (Unclaimed Profile)   |   1 Answer
I'm sorry to hear that. It sounds like your referrng to aan abstract of judgment. This is a post judgment action where a super lien is filed in the county you reside. If the lien is on your homestead, keep in mind this judgement cannot foreclose against barring very few exceptions.  At this time, if they have processed in post judgement collections you may want to keep an eye out on your bank account because creditors can place a lien on your accounts without notice (called a writ of attachment) and freeze your money in your account  As such you may want to consider a bankruptcy which will take the lien away from your home and also discharge all your debts, meaning you won' have to pay them back depending on your financial circumstances    Contact a local bankruptcy attorney to further assist you. The 1st consultation at my firm is free    Min Kim (Peter), Attorney   ... Read More
I'm sorry to hear that. It sounds like your referrng to aan abstract of judgment. This is a post judgment action where a super lien is filed in the... Read More

Is the exhibit a attached to a debt collection summons their only proof against you?

Answered 8 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Noone can possibly tell in an internet blurd. What IS clear is eveidence is not usually attached to a Complaint nor is it required to be so. 
Noone can possibly tell in an internet blurd. What IS clear is eveidence is not usually attached to a Complaint nor is it required to be so. 

Debt on my credit report that is fraudulent

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
You can file a fraud alert on your credit, and you must also make a fraud claim with the banks involved.  As to the IRS, there is a filing to make with your return to protest the 1099.
You can file a fraud alert on your credit, and you must also make a fraud claim with the banks involved.  As to the IRS, there is a filing to... Read More

Pawnshop

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
When your ticket expires they can sell the pawned item.  There is no required additional notice.
When your ticket expires they can sell the pawned item.  There is no required additional notice.

Does the date referred to in a loan modification agreement need to match the deed of trust and note?

Answered 8 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
A wrong date does not invalidate the loan modification agreement. However, you might want to contact the lender and put it on notice of the wrong date so that it might be corrected.
A wrong date does not invalidate the loan modification agreement. However, you might want to contact the lender and put it on notice of the wrong... Read More

How do I write an anzwer to a debt claim citation

Answered 8 years and a month ago by Min Gyu (Peter) Kim (Unclaimed Profile)   |   1 Answer
Good afternoon  If you are disputing the amount owed to the creditor, you can either file a geneal denial and a specific denial regarding specific allegation made.  If you are currently are on social secuirty/limited income and if you have other debts, you may want to consider bankruptcy. The reason why is that bad on the facts given it sounds like you are having a difficult time paying back your debts. Bankruptcy will address all your debts to the extent that depending on your income and financial situation, eliminate your debts for you. You may want to seek out an attorney in your area to give you more specific information based on your facts. If you reside in Houston tx, please feel free to contact me about your options including a bankruptcy to free you from your debts Min Kim (Peter), Attorney  Phone 713 259 3929... Read More
Good afternoon  If you are disputing the amount owed to the creditor, you can either file a geneal denial and a specific denial regarding... Read More

I was supposed to pay a lump sum of money I was sued for l

Answered 8 years and 2 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
If the landlord sued you and obtained judgment, then they can apply for an execution on either your bank accounts, a garnishment on your wages, or an attachment on any real property you own (real estate).  Because the amount is relatively low, I think it might be unlikely. You have many options to deal with this. Please feel free to contact my offices if you need assistance.... Read More
If the landlord sued you and obtained judgment, then they can apply for an execution on either your bank accounts, a garnishment on your wages, or an... Read More

Can a debt collector submit your collection case for a criminal charge

Answered 8 years and 2 months ago by Min Gyu (Peter) Kim (Unclaimed Profile)   |   1 Answer
Good afternoon Im sorry to hear that. A creditor could file a criminal case with the DA's office under the "hot check" statue. However, if the debt you are referencing is over 5 years, the likelihood seems unlikely. Also, keep in mind, here in the state of Texas, there is the 4 year statue of limitation where if a debt is over 4 years old (from the date you opened the account, used the account, made a payment on the account or acknowledge the debt as yours) then upon a civil lawsuit being filed, you can raise the affirmative defense of 4 yrs statute of limitation to have the judge deny the creditors request.  Alot of the times, debt collection companies will buy old debt and try to collect something on the debt. Anything they collect most likely will be a profit for them since they buy the debt for pennies on the dollar. At the same time, if you do have other debts that have been lingering, you may want to seek a legal recourse like a bankruptcy to elimiante all your unsecured debts (ie credit card, peresonal loan, medical bills, etc..) and get a fresh start to rebuild your credit and also have a peace of mind going forward Hope this helps and if you have any question please feel free to contact me if you live in Houston, TX or surrounding counties. Min Gyu Kim (Peter) Attorney at Law Law Firm of Min Gyu Kim PLLC Galleria Office 2100 West Loop South, Suite 805 Houston, TX 77027 Tel: (713) 259-3929 email: minkim@kimlylaw.com... Read More
Good afternoon Im sorry to hear that. A creditor could file a criminal case with the DA's office under the "hot check" statue. However, if the debt... Read More

I have had credit card fraud committed against me. Having diff getting out of paying for charges I did not do. What type lawyer do I need. Tim

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will probably have to hire a lawyer at some expense to sort all this out and address it. It sound like there is some issue with the CC not believig the fraud claim. Typically this occurs when the CC use appears to be you or caused by your actions, etc. Only way to addres this is with a retained lawyer to intervene and possibly sue the CC company over any collection effort. ... Read More
You will probably have to hire a lawyer at some expense to sort all this out and address it. It sound like there is some issue with the CC not... Read More

five years ago I placed the ownership of my home to my daughter. I have life use.

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Not likely.  Although the judgment can be a lien on your life estate, which ends when you die.
Not likely.  Although the judgment can be a lien on your life estate, which ends when you die.

Citibank is trying to collect false charges about a credit card

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Closed does nto mean that there is a ZERO balance. You need to review this account because if it was not properly closed or closed with an outstaning balance, you are hurting your credit or risking a lawsuit unnecessarily. 
Closed does nto mean that there is a ZERO balance. You need to review this account because if it was not properly closed or closed with an outstaning... Read More

Will there be a warrant out for me if I don’t appear in small claims?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No warrant but you will lose and they will get a judgment against you on default. 
No warrant but you will lose and they will get a judgment against you on default. 

I'm being sued by a financial institution

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may want to file bankruptcy or hire a BK lawyer to review your assests and you may be "judgment proof" if you are on SS, depending on your assets. Otherwise, if you have substantial assets, you will need to hire a lawyer to address this lawsuit and do damage control to aovid a ludgement being entered if possible. ... Read More
You may want to file bankruptcy or hire a BK lawyer to review your assests and you may be "judgment proof" if you are on SS, depending on your... Read More

Can the electric company turn off power w/a elderly person in the house

Answered 8 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yep. No pay the bill - no service. YOu need to contact some charitable organizations or legal aid, and if there is a medical emergency without electricity, any local organizations that may be able to accept your husband as an indigent patient. 
Yep. No pay the bill - no service. YOu need to contact some charitable organizations or legal aid, and if there is a medical emergency without... Read More
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