I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?
The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »
it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.
The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I... Read more »
They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.
I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.
They should give you one. Hopefully, you are paying by check so the check is your receipt.
I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime
Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.
Unscrupulous debt collectors have unlawfully used threats of incarceration for many years, trying to scare debtors into sending them some money--any amount--which should not EVER be done before talking to a Florida lawyer.
they repoed it. is it legal for them to tresspasse on my property and tow my car from in my garage
The first action you should take is call the police and explain in detail what happened, that is make a report. The police agency will decided if the action by the repo company was criminal
Is the time period for collecting on credit card debt calculated from the date of the last credit charge? Say a creditor is trying to collect on credit card debt that includes charges that are more than 6 years old (older than the statute of limitations) can they still collect on those charges or... Read more »
The only thing that actually matters is whether or not you intend to pay the debt or file for bankruptcy to eliminate this and any other dischargeable debts that you may have. The relevant statute of limitations is six years.
My SO lives with me in North Carolina for almost two and a half years now. Her mother was served a summons & complaint at her home in New York regarding a debt collector attempting to get a judgement against her. A couple of questions:
1. Was she properly served?
2. The summons... Read more »
1. Depends on more facts, but for a snap judgment I'll say probably not. However, burden is on you to establish that proper service hasn't been made. If you don't raise the issue properly with the court, the creditor will likely just proceed on and get what they want. This will... Read more »
You should file an Answer. Otherwise, they'll get a default against you. That should buy you time to figure out next steps, including filing for bankruptcy. Once you file for bankruptcy, you'll get an automatic stay on collection efforts. You can then get the case dismissed because... Read more »
My girlfriend divorced about 3 years ago. Recently, a bank brought two different suits against her for two different credit card debts from when she was married. In one case the bank used her maiden name which she now goes by. But in the second case the bank used her former married name which... Read more »
An Oklahoma attorney could advise best, but your post remains open for two weeks. As a GENERAL matter, a claimant could use various forms of the defendant's name to cover all bases. This could also including using "A/K/A" in the caption. An Oklahoma attorney could offer the most... Read more »
When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »
Yes it is automatic once judgment is entered
I filed a dispute for 7000$ with Al Vantage along with a police report and a warrant was issued on the person who fraudulently used my debit number. Most of which was used western union where identification had to b shown. Al Vantage claims they did investigation and determined no fraud.. I... Read more »
You may have a claim under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act ( F.D.C.P.A.) You should gather up all of the documents, correspondence and any other evidence you have concerning this transaction. A lawyer will need to determine if there is enough evidence to... Read more »
I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... Read more »
Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.
Pay $77/month until the debt is paid. I don't want to sign this court document.
If you want to keep that particular settlement agreement and they require it, yes, you have to sign it to keep the settlement agreement. If you refuse, they will proceed with the court process and obtain a judgment against you. A Confession of Judgment is a better alternative than a Consent... Read more »
Want to sell house later without any liens being placed ,he is currently living in house.
If the house is homestead, the lien won't attach.
When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has... Read more »
I am making payments to a collection agency for the same medical bill I am threatened to be sued for. Months before I received this letter from the law firm.
I would think you can indeed be sued by the party to whom you owe money. If you had agreed to a payment plan and have been honoring it 100% then I’d find it odd that your medical provider would pay an attorney either hourly or on a contingency basis to sue you. Have an attorney familiar with... Read more »
I've handled this on own in NJ Special Civil Part. Plan to file for Exemplified Copy of Judgement next. I want to file in DE without a lawyer if possible.
Yes. However, to be prudent, check DE Court Rules to make sure your filing satisfies DE requirements.
If it was sold to a debt buyer do I even need to pay the bill they sent me?
***EDIT TO QUESTION: I was told that medical bills aren't supposed to be put in collections in the first place, due to HIPAA regulations?
Thank you for your responses.
Yes. You owe $1100.00 to the debt buyer. The buyer bought your debt, and it now owns your bill. The amount it was bought for is immaterial.
$50,000 plus interest judgment hits 10 year mark in 11 months. Debtor lives out of the country. Can I renew without serving them?
No, "renewing" a judgment involves filing a new lawsuit. An essential part of any lawsuit is that you have to serve the defendant - regardless of whether the defendant is in the country or not. There are ways to serve someone who isn't in the country, but they can be complicated... Read more »
I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... Read more »
Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.
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