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Collections Questions & Answers
Q: Can I file a request to work with the landlord/apartment complex only and not their collection attorney?
1 Answer | Asked in Collections for Utah on Aug 22, 2012
Answered on Sep 3, 2015
Jefferson S Cannon's answer
You cannot obligate the creditor to not use an attorney. It is one of their rights. The attorney office will handle the collection of the debt unless the client decides to withdraw the file.
Q: I had a default judgment 18 months ago for a credit card I did not pay, but they did not contact me anymore, what this
David B. Levin's answer
A judgment in Texas is typically valid for ten years and can be renewed. There are a few options for addressing a judgment when the creditor is not attempting to collect. For example, some people simply wait until they hear from the creditor or a collection agency. This may buy time, but also may mean that the judgment is levied abruptly with a wage garnishment or other collection activity. Some choose to reach out to the creditor and initiate payment arrangements. The starting point for this...
Q: What is the Statue of limitations on a judgment, The court I believed said it was a civil matter.
1 Answer | Asked in Bankruptcy and Collections for Virginia on Sep 2, 2015
Answered on Sep 2, 2015
Kevin W. Chern Esq.'s answer
Generally, a judgment in Virginia is valid for ten years, and may be renewed for an additional ten year period. That said, it would benefit you to speak with an attorney as soon as possible. Depending upon the specifics of your situation, some or all of the funds seized may be exempt from collection. In addition, a bankruptcy filing sometimes allows recovery of funds garnished. But, either would require quick action.
*Kevin Chern is Managing Partner of UpRight Law, a national law firm...
Q: Should I take this to court or sign a stiputlation of judgement
Jefferson S Cannon's answer
Yes the Plaintiff would have an opportunity to bring in the agreement at a later date. With this being said, if you want to settle the debt, you should contact the attorney\'s office and make a settlement offer. Most Plaintiff\'s/Creditors are more than willing to try and work out settlement arrangements right now. Especially on sold debt.
Q: Can a civil judgement be put on you when no attempt to contact was ever done?
Jefferson S Cannon's answer
Hard to say from the facts presented but if they have a valid judgment then the Plaintiff in the action is entitled to the garnishment.
Q: Collection attorney says Statute of Lim. for credit card is 6 years here in Utah. What is their basis for this?
Jefferson S Cannon's answer
UCA 78B-2-309 - Any action founded upon an instrument in writing is subject to a six year limitations period. I hear this argument often in court and the courts almost always hold up the 6 year limitations period. Once in a while there is an intervening factor that can change things but not too often.
Q: If I go into a payday loan say I want to pay a loan off can they tell me how much that person owes without ID
Jefferson S Cannon's answer
No, they can\'t disclose any information without a release from the individual. There may be some ways around that without disclosing information but it\'s a fine line.
Q: In Utah can both spouses wages be garnished simultaneously from separate actions for garnishment?
Jefferson S Cannon's answer
The short answer is yes. You can try to fight the amounts your employer is paying but its an uphill battle.
Q: Can I file a Lien
Jefferson S Cannon's answer
Yes you can file a lien but if you do and the judgment is determined invalid on appeal, you may have more problems to deal with for filing the lien.
Q: If my spouse passes away and he has co-signed on loans for family members am I liable?
Jefferson S Cannon's answer
There could be an argument for liability but right now most creditors are not attempting to pursue family members for debts of deceased persons. A posting in the newspaper would have no effect whatsoever.
Q: I work for an online lender sending email templates preapproved by our corporate legal dept. Can I personally be sued?
Jefferson S Cannon's answer
Unfortunately the legal collections climate allows consumers to make counterclaim and file law suits against any collector. Now, the law suit and/or counterclaim may be bogus but there is very little detriment for someone filing a frivolous lawsuit to try and get out of debt. So yes you could be sued but the likelihood is low.
Q: can individual obtain court order without filing law suit for getting bank account freezed of another individual.
Robert Jason De Groot's answer
No, there has to be a lawsuit and you have to win in order to execute on the judgment.
Q: My credit union in Wisconsin went into my business account and took all the money from my savings and checking account
1 Answer | Asked in Collections for New Jersey on Aug 29, 2015
Answered on Aug 30, 2015
Leonard R. Boyer's answer
You need to retain an attorney and provide the attorney with all the documentation you have to substantiate your allegations. Good luck.
Q: I just received a notice from a collection on an parking ticket that was issued in 2001.is this a valid debt.
2 Answers | Asked in Collections for Arizona on Jul 27, 2015
Answered on Aug 30, 2015
Adam Studnicki's answer
Not a lot of debt collection lawyers in Arizona answer questions here. You can look for a lawyer using the Find a Lawyer tool on Google.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...
Q: I need to know the statutes of limitations on the following types of debt
1 Answer | Asked in Collections, Consumer Law, Education Law and Injury Law for New Jersey on Aug 27, 2015
Answered on Aug 28, 2015
Adam Studnicki's answer
Not sure why this is under injury law. A local collections lawyer can assist.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with...
Q: I have medical bills in collection. I had and still do have Medicaid. What do I need to do.
1 Answer | Asked in Collections for Georgia on Aug 25, 2015
Answered on Aug 28, 2015
Julie A. Rice's answer
If you don\'t pay and medicaid is not responsible, then you can file for bankruptcy.
Q: can a garnishee get relief from a default judgement that was obtained from not filing an answer.
1 Answer | Asked in Collections for Georgia on Aug 27, 2015
Answered on Aug 28, 2015
Julie A. Rice's answer
If you didn\'t file an answer and you let the time go in which you could have opened the default then you are out of luck and you will pay the amount of the judgement, the interest, the costs of litigation, and attorneys fees if applicable. Don\'t ignore the court or you will pay and it sounds like you thought ignoring the system would make them go away and nothing could be further from the truth. You will be paying the judgement in full until. PERIOD.
Q: Is it legal for a police officer to walk out on to a road and wave his hand over for me to pull over, without lights.
1 Answer | Asked in Collections, Criminal Law, Injury Law, Lemon Law, Public Benefits and Car Accidents for Virginia on Aug 27, 2015
Answered on Aug 27, 2015
Robert Jason De Groot's answer
Hire a ticket lawyer for this matter.
Q: I and family members have been harassed by Pinnacle Asset Group about a 14 year old debt.
1 Answer | Asked in Collections for Mississippi on Aug 25, 2015
Answered on Aug 26, 2015
David B. Levin's answer
Talk to a consumer protection lawyer in your area. Depending on a number of variables such as how they \"scared you,\" whether or not the collection agency misrepresented the legal status of the debt and the actions they could take, etc., you may have a claim under the Fair Debt Collection Practices Act or a state consumer protection statute.
*David Levin is the Partner in charge of UpRight Law\'s consumer rights litigation department. UpRight Law is a national law firm with licensed...
Q: I have been served with a SUM-100 on a case that involves more than $25,000. I have contacted the plaintiff attorney
1 Answer | Asked in Collections for California on Aug 24, 2015
Answered on Aug 25, 2015
Andy Chen's answer
I would get something signed and in writing stating that you have an extra 30 days. You can try to file it with the court if you want, but you\'ll probably have to pay the first filing fee ($435) in order to do so. I assume from you trying to settle the case that you don\'t want to pay the first filing fee, go to court, etc.
Andy