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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 9
Do you have any Debtor And Creditor questions page 9 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

What are my options if I put my name on a loan for a car for a friend but the person isn't making the payments?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 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 More

We live in NY my husband is not in the best of health. Will Ibe resposible for his credit card debt? They are solely in his name.

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 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 More

Will we be legally responsible for paying the difference on a travel trailer that we voluntarily turned in because we were not able to keep paying for

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 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 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 More
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 More

Is NY a spouse information sharing state?

Answered 8 years and 10 months 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.

in 2005 my husband and myself did a home equity line of credit for 40,000. to help stepdaughter buy a house. The promise was that in 1yr she would

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 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 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 More
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 More

My spouse has student loans and may default. The loans are only in her name. If she defaults can the lender garnish my wages? She is unemployed.

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely no. 
Not likely no. 

my daughter recently involved in a near fatel crash..car total...has made 5yrs of car payments of 410...and the at fault party Ins paid finance compan

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 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 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 More
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 More

Dental office sent me a bill for $181.00 on March 24, 2017 on a claim that was not paid by my Ins. comp. from 2015 Claim shows $8 off? I disputing.

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 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 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 More
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 More

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

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 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 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 More
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 More

If attorney withdraws from case do i still owe him

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

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

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 8 years and 10 months 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 8 years and 10 months 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 More

What can I do about a company calling me.

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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. 

Want to know if I can get my financial aid forgiven because the school had a lawsuit proving they falsified their advertisement.

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

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

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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. 

We was enrolled in an automated pay system through a payday lender and opted out. They still pull fund from my account. Do I have a case?

Answered 8 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
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 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

garnishment of wages

Answered 8 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I did not see a question.
I did not see a question.

Son received default judgement in small claims court to pay $2652 for credit card debt. What options does he have. Not much money and bad with $$?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

Can i sue an exboyfriebd for money i loaned him

Answered 9 years 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 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.

Served legal documents from Ally Financial for truck I never lease truck. same name with middle intial. Now served motion for possession I call them

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
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 More

When a spouse dies will their family be responsible to pay medical bills?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
Sometimes medical bills of the first to die spouse are the responsibility of the survivor under the rule of necessaries.  No one else has this obligation, including kids.  But, medical institutions do not always sue people who died under their care.
Sometimes medical bills of the first to die spouse are the responsibility of the survivor under the rule of necessaries.  No one else has this... Read More
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