Defaulted on a bank line of credit. They won a judgement. They are trying to collect in court but they sold the debt to a collection company. Is it legal to double dip?
Selling a judgment is not double dipping. During a post judgment proceeding you will be entitled to a credit for payments you made toward the judgment. From your question it does not appear that you have made any such payments. By selling the judgment the judgment creditor has simply transferred... Read more »
Yes, it will be subject to Levy. Hire a competent attorney to claim your Exemptions with the Court.
7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »
General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »
This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »
You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.
Credit card and loan under his name only.
If you are not a co-signer or guarantor of the loan, then you would just need to inform them of his death. They may ask for a copy of his death certificate or obituary just to close out their file. If that does not satisfy them and end the communications, then you will need to send them a letter... Read more »
The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that?... Read more »
A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed... Read more »
The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... Read more »
Fair Debt Collection Practices Act (FDCPA) helps protect consumers.
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809
You may want to retain an attorney to represent you, and see if you can get the collection... Read more »
Every time we called for a payment arrangement they said wait 30 days and call us back because they had not processed our returns. In the mean time we paid $350/month towards $29,000 from 2017 audit and 2018 and 2019 taxes. We got a payment arrangement and after that they filed a tax lien. Is... Read more »
The IRS can file a tax lien if your debt is over a certain amount and/or if you are not having the payments direct debited from your account.
I have no assets that can be taken and no money.Im not working and applied for SS disability as it will be my only income when received Im 59 y old.How can I get the lowest possible agreement with the bank.I do not want to file bankruptcy.
Once the bank hands the account to the lawyer/law firm, you should deal with the law firm. Call them and tell them you want to negotiate a payment plan. You will have to offer them an amount that makes sense in relation to the debt. $25 a month on a $5,000 debt is silly, as an example. (If they... Read more »
my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?
No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.
I don't know what it is for and they are about to take money from me for I don't know what. It is from VA and I haven't lived there for six years. It looks like it is about an apartment complex in Hopewell VA but I never had an apartment in Hopewell. What am I supposed to do since I... Read more »
On the paperwork received, there should be a case number and court identified. Contact that court to find out what's going on. If they are garnishing, that means they already have a judgment against you (a court order that you owe them money) - it's likely a default judgment (entered... Read more »
You can petition the court to pay in installments or to waive the filing fee entirely.
I hold title to a single-family rental property. The property has 4 relatively old FIFA judgements against it totaling up to about $12,000 (not including interest accrued since dates of judgements). The judgements were related to credit cards debt of another person (not my spouse) who owned the... Read more »
I understand your reluctance to proceed on your own. Accordingly, speak with local counsel who can help you decide on the right course of action for your situation.
You are certainly not responsible and should not pay it.
Judgement was secured against real property which was sold . Can I seek action against the new owner?
Yes. If what you say is true.
There is no property owned nor any other asset to go to probate. He leaves me a single parent of our 4 children, all under the age of 13. He was the only one working. I have been a homemaker for the length of our 14 yr marriage. He did have a life insurance policy for $25000. But no other financial... Read more »
Yes, you can be held responsible for the medical debt of your spouse. You can see if you can negotiate a lower amount with the creditors or you can see if bankruptcy would be an option for you to discharge the medical debt. Good luck!
I am not aware of any law that would prohibit this so I believe they could.
I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back... Read more »
You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders
you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on... Read more »
I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »
What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... Read more »
I have responded to the summons, say I can't afford his debt. Now I have to go court to see what decision will be made by his hospital bill
More information is needed to answer this question, such as why do you or anyone else believe you are responsible for your father's debt? You should consider hiring a lawyer to defend you----the entity suing is represented and very much willing to take advantage of a non-represented person.
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