answered on Feb 1, 2023
We don't do that in this forum. There may be other places on Justia where you can look.
answered on Feb 1, 2023
You don't mention if you are trying to collect from someone, or if you are defending a collection against yourself, or if this is a business collection matter. If you are defending against a personal collection you could start out with consumer bankruptcy attorneys (many also defend... Read more »
They have recently retired. And are now asking for my payment. 5 years is a little silly
answered on Feb 1, 2023
Check the statute of limitations for contracts in your state, if it is past that time you do not have to pay. If it is within the time limitations, you may have a defense called laches.
Sum is too large for small claims court. Is he required to repay loan after he already began paying then stopped although he borrowed during our marriage, but began repaying after separation/divorce ? I have texts (after separation/divorce) of him saying how much he owes, how much he will repay per... Read more »
answered on Jan 31, 2023
The first issue is how was this item, or the category of this type of item, handle in the MSA.
Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.
answered on Jan 31, 2023
"I was told". "I didn't read the fine print".
These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is... Read more »
I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »
answered on Jan 28, 2023
It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »
I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.
The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.
I... Read more »
answered on Jan 27, 2023
Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.
Your children are considered your property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to... Read more »
answered on Jan 26, 2023
Please hire an attorney an immediately. You are in way over your head and none of the things you are thinking of filing have any relationship at all to the legal issues at hand. If you continue to play lawyer you are going to lose whatever is left of your case.
Also told then if I am not at work they will speak with a judge? I currently have Covid & am not at work. I work in a medical facility & numerous people answer phones there. I live in California. My current debt with them is roughly 1200.00
answered on Jan 26, 2023
No they may not. Consult with an experienced Collection Defense Attorney.
a detailed affidavit providing 1.
specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....
file an affidavit... Read more »
answered on Jan 26, 2023
I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.
Settlement offer was made, payments were sent via check and cashed - then I received a notice from a debt collector that purchased the debt
answered on Jan 26, 2023
It happens.
Debts like that are usually sold in bulk. Usually the seller does not warrant collectibility.
If a particular seller conveys a large number of previously satisfied debts, the buyer may assert a claim against the seller.
But usually, if a few get through, the... Read more »
In their divorce it said that she would have to pay her own medical bills and he would have to pay his but now after all this time the creditors are coming after him it's been so long and he didn't know she didn't pay and now the bill went from 6,000 to 16,000 what can we do this doesn't seem fair
answered on Jan 25, 2023
It all depends upon the exact details. IF the creditor sued your husband and won in court, they would have gotten a Judgement against him. All Oregon Judgments are valid for 10 years and can be renewed once for an additional 10 years. So it is possible it is a collectable debt. If, however, they... Read more »
I went to pay my auto loan off and get my title and they told me they won't give it to me because of a signature loan from 2015, it shows as a closed account on equifax and transunion
answered on Jan 24, 2023
You should probably bring proof that you fully paid off the signature loan to your bank. Credit bureau reports probably aren’t enough. You probably need to bring loan statements from the signature loan itself.
I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... Read more »
plus keep adding 35 late fee and addtional interest
answered on Jan 21, 2023
Yes. The minimum is $150.00. It is NOT anything less, regardless of the reason.
answered on Jan 21, 2023
You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.
A Notice of Renewal of Judgment was filed in court on 6/6/22
The case summary shows on 10/28/22, "Notice of Case Reassignment and Order for Plaintiff to Give Notice" filed by clerk.
The Notice of Renewal of Judgment was finally served on judgment creditor on 1/12/23.... Read more »
answered on Jan 20, 2023
To be timely, the Application for Renewal must be filed within 10 years of the judgment entry date. The date of service of the Application or Notice of Renewal does not change that. When the Application is filed, the judgment is automatically renewed. It is just that it cannot be enforced until 30... Read more »
A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... Read more »
answered on Jan 19, 2023
It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... Read more »
The 1 I'm keeping is secure loan the other 3 are unsecured loans I live in Missouri and on disability benefits What happens if I don't pay the unsecured loans. I don't own a car or real estate nothing except our furniture and personal things and they are already secured by the one... Read more »
answered on Jan 19, 2023
If you don't pay the unsecured loan you'll likely get sued. If the case results in a judgment against you, the judgment either will automatically become a lien on real estate in your county or the plaintiff may "transcribe" an associate division judgment to make it into a lien.
I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... Read more »
answered on Jan 19, 2023
Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.
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