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Collections Questions & Answers
Q: Student loans, does time run out on collection of these? Every year federal income tax return is taken
Julie A. Rice's answer
Student loans are one debt that does not go away. Not in bankruptcy or any other forum. If most was taken than owed, then check with them and get an accounting. My guess is that it is for penalties and interest. If it was a private loan and not a federal loan, then it could be turned over to a collection agency but I would investigate this company before giving them personal information b/c of the scams out there. See the GA Secretary of State for more information, and here is the link:...
Student loans are one debt that does not go away. Not in bankruptcy or any other forum. If most was taken than owed, then check with them and get an accounting. My guess is that it is for penalties and interest. If it was a private loan and not a federal loan, then it could be turned over to a collection agency but I would investigate this company before giving them personal information b/c of the scams out there. See the GA Secretary of State for more information, and here is the link:...
Q: How do I dispute a judgement from 1988 in Georgia. My ex-wife of 20 years claimed bankruptcy on such debt in 2009.
Julie A. Rice's answer
It is too late to fight the judgement. You were a cosigner, there was a hearing and your wife lost, it has been several years so there is no grounds for you to fight the judgement. What you can do is try and negotiate what is left remaining on the judgment and see if you can settle it without having to have your wage garnished.
It is too late to fight the judgement. You were a cosigner, there was a hearing and your wife lost, it has been several years so there is no grounds for you to fight the judgement. What you can do is try and negotiate what is left remaining on the judgment and see if you can settle it without having to have your wage garnished.
Q: What should I do if I am sued out of state?
Julie A. Rice's answer
Jurisdiction is in NJ and that won't change no matter where you live. If you fail to show up, then they will get a judgement against you plus attorneys fees, interest, costs of litigation, etc. I would suggest that you call them and try to reach a settlement over the phone where you make payments in exchange for them dropping the case (for now) without prejudice and then if you fail to pay, then they can pick up the case where it left off and unless you want a judgement against you you better...
Jurisdiction is in NJ and that won't change no matter where you live. If you fail to show up, then they will get a judgement against you plus attorneys fees, interest, costs of litigation, etc. I would suggest that you call them and try to reach a settlement over the phone where you make payments in exchange for them dropping the case (for now) without prejudice and then if you fail to pay, then they can pick up the case where it left off and unless you want a judgement against you you better...
Q: How can I stop a garnishment and challenge the summary judgment due to a lack of jurisdiction?
Julie A. Rice's answer
There is no lack of jurisdiction. If the transaction took place in GA, then GA is the proper place for jurisdiction regardless of where you live. If you did not contest the judgement in a timely manner and it turned into a default judgment and you didn't fight that in a timely manner, then you will be paying the debt and if they have to garnish your wages they are within their rights to do so.
There is no lack of jurisdiction. If the transaction took place in GA, then GA is the proper place for jurisdiction regardless of where you live. If you did not contest the judgement in a timely manner and it turned into a default judgment and you didn't fight that in a timely manner, then you will be paying the debt and if they have to garnish your wages they are within their rights to do so.
Q: I have a civil lawsuit brought on me by a collection agency I am not working have no income what can happen?
Neville Bedford's answer
If you do not appear, answer, nor defend the case, you will likely be defaulted. The judgement creditor may wait until you are employed or have other resources before asking the court to enforce the judgement. If your current condition continues and you have no assets, you may be "judgment proof" meaning that even though they have a judgement against you, you have no ability to pay. If you have other debts and have been out of work for some time, it may be worth your while to meet with an...
If you do not appear, answer, nor defend the case, you will likely be defaulted. The judgement creditor may wait until you are employed or have other resources before asking the court to enforce the judgement. If your current condition continues and you have no assets, you may be "judgment proof" meaning that even though they have a judgement against you, you have no ability to pay. If you have other debts and have been out of work for some time, it may be worth your while to meet with an...
Q: My mother inlaw was in a nursing home for two week hospice paid first five day the she was denied Medicare she die on
Neville Bedford's answer
Sorry for your loss. If you signed a guarantee for her medical costs, you may be contractually obliged to pay.
Sorry for your loss. If you signed a guarantee for her medical costs, you may be contractually obliged to pay.
Q: How can I track down the current address of two deadbeats in Florida if they don’t own a house, car or landline phone?
Mr. Michael O. Stevens' answer
Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.
Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.
Q: I used to live in a sponsor house with the state of jersey and the lady I lived with wasn't doing right now she wants me
1 Answer
| Asked
in
Collections, Consumer Law and Contracts
for
New Jersey
on
Answered on Mar 9, 2016
Answered on Mar 9, 2016
Leonard R. Boyer's answer
It will be more expensive to pay an attorney than to try to resolve this matter. Just pay it and move on. Good luck.
It will be more expensive to pay an attorney than to try to resolve this matter. Just pay it and move on. Good luck.
Q: debt from 8-26-1999 non paidIs it still collectible thru superior court?
Julie A. Rice's answer
Most likely you are being sued for the difference. You need to answer any complaint against you and you can assert that the statute of limitations has run but the judge will ultimately make the decision to determine if the remainder of the debt is still due and payable.
Most likely you are being sued for the difference. You need to answer any complaint against you and you can assert that the statute of limitations has run but the judge will ultimately make the decision to determine if the remainder of the debt is still due and payable.
Q: Can a title pawn broker threaten to come to your job and serve you and your boss summons to come to court .
Julie A. Rice's answer
A process server can come to your job and serve you with legal papers to appear in court. The call may have just been a courtesy call so that you would be aware and no a "threat".
A process server can come to your job and serve you with legal papers to appear in court. The call may have just been a courtesy call so that you would be aware and no a "threat".
Q: What can I do if my car was repossed by a private seller legally but the colaterall was sold illegally?
Julie A. Rice's answer
Read the contract to see if you have any recourse or if you even have to be notified of a resale after it has been repossessed.
See also the following for more information: https://www.lexisnexis.com/hottopics/gacode/
Read the contract to see if you have any recourse or if you even have to be notified of a resale after it has been repossessed.
See also the following for more information: https://www.lexisnexis.com/hottopics/gacode/
Q: The court ordered to Resp, w/ no income, to pay Petitioner’s attorney’s fees, subject to future employment and income.
1 Answer
| Asked
in
Collections, Probate and Social Security
for
California
on
Answered on Mar 6, 2016
Answered on Mar 6, 2016
Richard Samuel Price's answer
Yes, the court can sanction you conditioned on your future income. It is inherent in the court's power to sanction parties.
If you die, your wife and children are not responsible for your debts, your estate is responsible for those debts. In a probate of your estate, the creditors of your estate would have to file a creditor claim against your estate's assets.
Yes, the court can sanction you conditioned on your future income. It is inherent in the court's power to sanction parties.
If you die, your wife and children are not responsible for your debts, your estate is responsible for those debts. In a probate of your estate, the creditors of your estate would have to file a creditor claim against your estate's assets.
Q: Is there any way to defeat Scire Facias. The plaintiff garnished our bank account 4 months ago.
Julie A. Rice's answer
It sounds like you already have. Just show whoever is garnishing your wages the Judge's order reversing the garnishment.
It sounds like you already have. Just show whoever is garnishing your wages the Judge's order reversing the garnishment.
Q: Does the plaintiff have any defense to O.C.G.A 18-4-91 to prevent the garnishee from reopening the default judgement?
Julie A. Rice's answer
You can argue that they had proper notice and that they should have answered in time and that they ignored the debt, etc. Just argue as many things are you can find in the statute and see if the Judge agrees. See the following link for the law to help you out: https://www.lexisnexis.com/hottopics/gacode/
You can argue that they had proper notice and that they should have answered in time and that they ignored the debt, etc. Just argue as many things are you can find in the statute and see if the Judge agrees. See the following link for the law to help you out: https://www.lexisnexis.com/hottopics/gacode/
Q: I need to know where to start and what to do as an individual trying to gain repayment of a friend to friend loan.
Mr. Michael O. Stevens' answer
I would suggest waiting to get things in writing, as at the moment it would be hard for you to prove what the repayment terms were. As in, when does she have to start repaying you.
I would suggest waiting to get things in writing, as at the moment it would be hard for you to prove what the repayment terms were. As in, when does she have to start repaying you.
Q: Do we owe this debt?
Julie A. Rice's answer
There is no recovery from the pharmacy. They did what was asked and that was fill the prescription. Although it might have been partially their fault, you owed a duty to know who was paying for your insurance and prescription. If they go to court they will probably win under the legal document of unjust enrichment meaning that if you don't pay them back you were unjustly enriched by getting a prescription for which you did not pay. Besides, it is the right thing to do. Why do you want to...
There is no recovery from the pharmacy. They did what was asked and that was fill the prescription. Although it might have been partially their fault, you owed a duty to know who was paying for your insurance and prescription. If they go to court they will probably win under the legal document of unjust enrichment meaning that if you don't pay them back you were unjustly enriched by getting a prescription for which you did not pay. Besides, it is the right thing to do. Why do you want to...
Q: Can I fight a collection if I was never notified of bill being past due. All notifications were mailed to wrong address
Samuel John Ford's answer
While an attorney will have to review the details of your situation, it sounds like you have a viable claim to challenge the collection actions and credit reporting of the alleged debt. Federal and state laws protect consumers from wrongful collection and credit reporting practices.
I recommend speaking to a consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.
**Please note that the...
While an attorney will have to review the details of your situation, it sounds like you have a viable claim to challenge the collection actions and credit reporting of the alleged debt. Federal and state laws protect consumers from wrongful collection and credit reporting practices.
I recommend speaking to a consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.
**Please note that the...
Q: Credit card company is hiring attorney to get debt from me, what is the worst thing can happen?
Samuel John Ford's answer
Generally, if a creditor files suit against you and you do not respond, they can obtain a default judgment against you. Once the creditor has the judgment, they can use it to freeze your bank account, garnish your wages, or execute the judgment against property you own.
You will likely have the best options for handling the situation before suit is filed against you and certainly before the creditor obtains a judgment against you. I recommend speaking to a consumer attorney regarding...
Generally, if a creditor files suit against you and you do not respond, they can obtain a default judgment against you. Once the creditor has the judgment, they can use it to freeze your bank account, garnish your wages, or execute the judgment against property you own.
You will likely have the best options for handling the situation before suit is filed against you and certainly before the creditor obtains a judgment against you. I recommend speaking to a consumer attorney regarding...
Q: I have credit card collections and I live in Texas. If I move to Georgia, would the creditors be able to garnish wages.
Samuel John Ford's answer
They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of the judgment with a Georgia court. The creditor generally must provide you notice of the application, and you will have the right to object. If you do not respond, the judgment will likely become...
They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of the judgment with a Georgia court. The creditor generally must provide you notice of the application, and you will have the right to object. If you do not respond, the judgment will likely become...
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