Collections Questions & Answers
Q: I recently won a reduced amount civil judgment against a collection agency, but they have decided to appeal.
1 Answer | Asked in Collections for Virginia on Jul 22, 2014
Answered on Jul 23, 2014
Mr. Andrew T. Bodoh Esq.'s answer
If you won a judgment giving you a right to get money from them, then there should be no need to counter sue on appeal. If the judgment went against you, the issue is more complicated. You should contact an attorney for a full evaluation of your rights.
Q: I have a court date for a judgement on a credit bill I cannot afford to pay. I have heard that a credit company can garn
1 Answer | Asked in Collections for Virginia on Jul 21, 2014
Answered on Jul 22, 2014
Mr. Andrew T. Bodoh Esq.'s answer
You questions is, as I understand it, whether a company with a judgment against you can at some point force the sale of your home. The answer is maybe. If the judgment is against you alone and you and your spouse own the home as "tenants by the entireties" (a legal status for owning real estate - look at your deed), then they cannot take your home as long as your spouse is alive. If not, then they could try to take your home. There may be ways to protect your home, however, either in the...
Q: My mother died and the gas company has turned her name into a collection agency. Who is responsible for the bill?
1 Answer | Asked in Collections for New York on Jul 13, 2014
Answered on Jul 15, 2014
Yasmin Gamboa's answer
Her estate is responsible for debts. Any money left should go to pay the debt, if she died destitute then you may not be responsible for debt, but if there was enough money left to pay all or part you would need to do that. Try working it out with the electric company. And yes if you don't have the money and they insist you pay, then contact a lawyer.
Q: I lent $50,000 to a private real estate investor who hasn't paid me back. Can I sue them without a lawyer and what court?
1 Answer | Asked in Collections for Georgia on Oct 23, 2012
Answered on Jul 11, 2014
Rachel Lea Hunter's answer
Anybody can sue anyone else without a lawyer. However, lawyers went to law school for 3 years and have been practicing law and know the rules. You may or may not. Since you are asking such a basic question as "where do I sue?" I am not entirely confident in your ability to sue someone on your own. You are going to have to draft a complaint - there are no forms for something like this.
Because of the amount involved you would sue in state court. Because there is a nice chunk of...
Q: I consigned for my daughter boyfriend to by a car ,before getting it paid of f the tag place sent title to him he
1 Answer | Asked in Collections for North Carolina on May 30, 2014
Answered on Jul 11, 2014
Rachel Lea Hunter's answer
Co-signing is ALWAYS a bad deal. By co-signing, you are in essence telling the lender "go ahead and make the loan because if the primary borrower does not pay, I will." And if a person needs a co-signer it means that he either has no credit or more likely, bad credit, and that you are just going to be the next in line of victims.
Your post does not make sense though. There is no way that the boyfriend could sell a car legally if (a) the car was not registered solely to him; and (2)...
Q: Can I sue a storage unit company for selling my property even tho the payments were being automatically paid monthly?
1 Answer | Asked in Collections for North Carolina on Jul 2, 2014
Answered on Jul 11, 2014
Rachel Lea Hunter's answer
Yes, there is a statute of limitations. It is three (3) years for most things in NC. Your ability to prevail in a lawsuit here is problematic (note I did not say impossible - I said problematic). (1) Contracts by storage facilities generally allow the storage facility owner to enter a storage unit and sell the contents if payments are not made. You indicate payments were made timely. If so, then these should be showing up on your bank statement. (2) the contract should spell out what...
Q: Are withholding taxes owed by a defunct C-corp that did business soley in Indiana owed by the officers of that corp?
Michael Ray Smith's answer
Possibly. The Internal Revenue Code imposes liability for the failure to collect and pay withholding on "responsible persons." Responsible persons can include officers, directors, shareholders, and others. The test is not really the person's title but whether the he or she had a duty to account for, collect, and pay the taxes (and whether the person willfully failed to do so). So a person who was an officer in name only, with no real responsibilities, should not be held liable. But a...
Q: If both my x husband and I jointly own both of our home, but the court ordered him to pay the loans in a timely manner
1 Answer | Asked in Collections for California on Jun 24, 2014
Answered on Jun 24, 2014
Charles Snyderman's answer
We really need some additional information. Assuming, however, that the loans you are referring to are mortgages against your home, then you probably signed a Note and a Mortgage. Although the Court Order sets the responsibility between you and your Ex, it does not affect your obligation to the lender. If your Ex fails to pay, your lender can sue you and even foreclose on the mortgage. Your remedy would be to file suit against your Ex for violating his court mandated obligation to you....
Q: What is the statute of limitations on credit card debt?
1 Answer | Asked in Collections for Delaware on Mar 22, 2011
Answered on Jun 22, 2014
Charles Snyderman's answer
Three years
Q: 2000:my old bank charged off $ I owed. 2001:I filed/got bankruptcy. 2011:bank bought my old one.Must I pay that $ to it?
1 Answer | Asked in Collections for Delaware on Jan 20, 2012
Answered on Jun 21, 2014
Charles Snyderman's answer
You should contact the lawyer who helped you file for bankruptcy.
Q: Can a creditor who has a judgement against me freeze or garnish my wages in New York State
1 Answer | Asked in Collections for New York on Jun 12, 2014
Answered on Jun 14, 2014
Charles Snyderman's answer
New York allows a judgment creditor to garnish wages.
Q: Advice for dealing with Weltman, Weinberg & Reis?
1 Answer | Asked in Collections for Pennsylvania on Jun 7, 2014
Answered on Jun 9, 2014
Charles Snyderman's answer
Your question cannot be answered because you have not given details about the harassment. You should consult with an attorney in your area who handles violations of the Fair Debt Collection Practices Act.
Q: How do I find out who original debt is owed to when its not on collection letter
1 Answer | Asked in Collections for Michigan on Apr 11, 2014
Answered on May 16, 2014
Charles Snyderman's answer
The Fair Debt Collection Practices Act requires the collector to advise you of the name of the original creditor. Failure to do this in the original communication or within 5 days of the initial communication is a violation. You can certainly write to the collector and ask who the original creditor is.
Q: A FRIEND BORROWED MONEY FROM ME A PAPER WAS WRITTEN OUT BETWEEN US THE AMOUNT SHE WOULD PAY BACK MONTHLY SHE HAS REFUSED
1 Answer | Asked in Collections for Virginia on May 5, 2014
Answered on May 16, 2014
Charles Snyderman's answer
You can hire an attorney who will send a demand letter on your behalf. If that doesn't result in payment, the attorney can then file a lawsuit. If the amount that's owed to you is small, you can consider filing a lawsuit in small claims court without an attorney.
Q: Do I need a lawyer to file a 9-11-50?At the time of the default judgement, the judge did not know I live in Germany.
Rachel Lea Hunter's answer
No one needs a lawyer and everyone always retains the right to represent him or herself. However, you would not do brain surgery on yourself nor would you cut your own hair or repair your furnace/ac. By the same way, if you have a legal issue you would see a doctor.
I looked at OCGA § 9-11-50. Motions for directed verdict and for judgment notwithstanding the verdict - this deals with motions in a trial. If you are in a trial, do you have a lawyer? If not why not? You would make...
Q: what do I do to stop a garnishment
Rachel Lea Hunter's answer
File a traverse again then and see if you can get it dismissed. As a practical matter though, the grounds for a traverse are very limited. The garnishment will continue until the judgment is paid off or the debt is settled or the debt is discharged in bankruptcy or the judgment goes dormant and is not revived.
Rather than fight this, how much is the judgment for? What is it for? Once garnishment starts, creditors, may have no incentive to settle at all for or else they may want a...
Q: My girlfriend broke up with me and gave me my clothes only. She still has 22 other items that she will not give me.
1 Answer | Asked in Collections for North Carolina on May 3, 2014
Answered on May 9, 2014
Amanda Bowden Houser's answer
There are plenty of illegal ways to accomplish this but they would all likely land you in serious trouble. The two most common legal ways to handle it would be:
1) to file a civil small claims suit against her for either the return of the property she kept or if she has disposed of it the fair value of the property. You are going to have to prove to the magistrates satisfaction that you are the owner of the property and that you didn't gift the property to her.
2) swear out...
Q: Can I settle a debt collection after I have been served with civil papers?
1 Answer | Asked in Collections for Tennessee on Apr 29, 2014
Answered on Apr 30, 2014
Kimberly K. Schreiber's answer
Yes, you can settle the matter any time before the hearing. Many are settled the day of the hearing with the attorney or representative from the creditor. They will usually allow you to make payments on the balance.
Q: How do i find out if there is a wage garnishment on my wages
1 Answer | Asked in Collections for Rhode Island on Dec 6, 2013
Answered on Apr 20, 2014
Neville Bedford's answer
Look at your pay stub.
Q: In PA, can credit card companies attach wages and checking accounts?
1 Answer | Asked in Collections for Pennsylvania on Feb 3, 2014
Answered on Mar 17, 2014
Rachel Lea Hunter's answer
There is no wage garnishment in PA for credit card debts for judgments entered in PA where you work for a PA employer. There is for some other kinds of debts (child support, taxes, student loans or back rent owed to a landlord) but not credit cards.
The creditor who obtains a judgment can go after your bank account. Assuming that you work and do not get exempt income like Social Security, then you can keep no more than $300 in any one checking account.
If you have joint accounts...