Debts and Credit Legal Questions & Answers


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Category: Debts and Credit
Is there a statute of limitations on when a debt can be collected?

Is there a statute of limitations on when a debt can be collected? Specifically, can a widow demand collection of a 17-year-old debt for the estate of her deceased husband, or has the time run out to collect the debt? It was a personal loan.

01/03/2007 | Category » Debts and Credit  State » WA  #105
How can someone stop credit card collectors from calling all day every day?

A woman owes a large sum of debt to one of her credit card companies. She is 7 months behind on her payments and is unable to pay anything to the creditor. These events force her creditor to turn her into the collection agency to try and recover the debt that she owes to them. Wh...

01/05/2007 | Category » Debts and Credit  State » AL  #134
Am I Still Liable for Debt That a Judge Awarded My Ex in Our Divorce?

My ex-husband was awarded possession of our 2005 Ultra Classic Harley. It states in our divorce papers that he would be responsible for the loan secured by the Harley, and that I would be free of all liability concerning this loan. The judge ordered that he get a loan for the bik...

01/09/2007 | Category » Debts and Credit  State » IN  #258
Can I take the vehicle from my ex-husband that is in my name if he is not paying for it?

The judge ordered my ex-husband to be responsible for the debt of a vehicle. I was the primary borrower on the loan. I have been getting collection calls for past due payments on the vehicle because it is about to be repossessed by the loan company. Can I take the vehicle with...

01/09/2007 | Category » Debts and Credit  State » AL  #259
What can I do if a creditor tricked me into not appearing for court in order to get a judgement?

A law firm on behalf of a client contacted me about an outstanding balance (due in 2002). I attempted to satisfy debt with negotiation of said debt. They wrote a letter to me stating that I had 15 days to propose to them a payment plan. Fifteen days would end May 28, some 6 days ...

01/12/2007 | Category » Debts and Credit  State » MO  #406
Can credit card creditors garnish my 92 year old mothers social security check for debt owed?

My mother is 93 yrs old, and credit card companies are now going to try and sue her for non- payments on her cards. She has been in and out of the hospital and nursing home for 2 years now. She was released from the nursing home again in July of 06, and I am now taking care of he...

02/01/2007 | Category » Debts and Credit  State » ID  #896
What is a Motion for Sanctions?

I have a Writ of Execution out of Harris County. The Defendant has received a Motion for Sanctions out of Hidalgo County from the same Plaintiff. My question to you which court order supersedes, and where can I find out more on a Motion for Sanctions?

02/01/2007 | Category » Debts and Credit  State » TX  #1032
How do I file a motion to set aside a writ of execution for a bank levy?

I need to make a motion to set aside a writ of execution for a bank levy. I was sued by a creditor. Can you tell what forms I will need?

02/01/2007 | Category » Debts and Credit  State » CA  #1057
What is the statute of limitations on debt?

I want to know the statue of limitations on a ten year old debt. The bank that it was owed to went out of business. Another company 10 years later is trying to collect debt. Is that legal?

02/01/2007 | Category » Debts and Credit  State » OR  #1214
What is the statute of limitations on debt owed?

If a law firm has not contacted you for over 1 year regarding a civil claim (which they claim you owe), and suddenly sends you a letter out of the blue. Should you respond? or disregard as there is some statute of limitations.

02/01/2007 | Category » Debts and Credit  State » CA  #1307
How do I report clients that have not paid their dental bill to the major credit bureaus?

We have a small dental office and have several accounts that have gone unpaid. What steps are necessary to report these people to the three major credit bureaus? We have made numerous calls with no monetary response.

02/01/2007 | Category » Debts and Credit  State » ALL  #1384
How do you take a past due Accounts Receivable to court to collect the monies owed to your company?

How do you take a past due Accounts Receivable to court to collect the monies owed to your company for services provided?

02/01/2007 | Category » Debts and Credit  State » CA  #1398
Can credit card companies get a judgement against my property without going to court?

I owe about $66,000 to credit cards. I have real estate valued at around $180,000. My question is, can the credit card companies or lawyers tie up my property without my day in court? Can they get a judgment without going to court on any of my real estate?

02/01/2007 | Category » Debts and Credit  State » AL  #1399
Would a creditor be treated differently if I were to file bankruptcy before a judgement is entered?

Due to medical problems, I may need to declare bankruptcy. I am living on SSI and Medicaid. I am not the head of the household. Under Federal exemptions, I will be able to keep most of my land but I might have to give up some of it. With multi-creditors (some lawsuits in near fu...

02/01/2007 | Category » Debts and Credit  State » AR  #1459
How can I arrange to payoff credit cards without all the interest that has piled up?

I was laid off my job in 2002 after 9-11, and since that time I have worked as a volunteer for my church. I am paid donations from week to week. I accumulated almost $23,000 in credit card debt over a 3 year period and after unemployment insurance ran out, I did not have funds to...

02/08/2007 | Category » Debts and Credit  State » US  #534
What is the statute of limitation for collection of student loans?

Is their a limitation on a 1989 collection on a student loan that has never shown up on my credit report? It must be a private one, and the department of education does not have it on file. Can it be in collection if the school is closed?

02/08/2007 | Category » Debts and Credit  State » MS  #544
If paid in full was written on a cashed check, does that release debtor of debt?

If "paid in full" is written on a check for a percentage of the total amount owed and the company that owes the debt cashes this check, does is release the debtor?

02/08/2007 | Category » Debts and Credit  State » AL  #556
Can US Bank zero the balance of a prepaid Visa gift card after 1 year?

I have 3 gift cards (debit cards) from US Bank that were unused before being lost. They were recently found but have an expiration date of approx. 6 months ago. US Bank said the balances were now $0.00 and the cards could not be used. The cards were purchased approx. 1 year prior...

03/26/2007 | Category » Debts and Credit  State » WI  #2141
Am I still responsible for ex-husband's medical debt since I am the one who carried the insurance?

As part of our divorce proceedings, attorney's for my husband and I drew up a Legal Separation Agreement which we both agreed on and signed. Agreement was filed with the courts. I recently learned I had a garnishment placed on my wages for co-pay charges due to a medical center...

03/26/2007 | Category » Debts and Credit  State » KS  #2161
How can I be held responsible for my sick son's debt?

I am Power of Attorney for my son who was ill but is now better. He has an outstanding debt from a home equity loan. I received a judgement from the debt collector that I am named as a defendant in the paying of this bill. How can that be possible. I have signed nothing of his...

03/31/2007 | Category » Debts and Credit  State » PA  #2398
What rights do I have for the collection of a 15 year old debt?

I was divorced over 15 years ago. Before we new we were going to split, we bought some furniture, it was me that signed the papers, although it was my husband who was making payments because I was not working at the time. He filed bankruptcy and this furniture was not included in...

03/31/2007 | Category » Debts and Credit  State » CA  #2417
Can a cell phone provider charge a penalty for early termination if you lost your job?

Can a cell phone provider legally charge a penalty for getting out of a 2 year contract early for loss of a job?

04/01/2007 | Category » Debts and Credit  State » MI  #2422
Can the hospital force me to take out a loan to pay my wife's medical bills?

My wife just had emergency surgery. She does not have medical insurance. The bill is around $20,000. I plan on sending in a monthly payment until I get it paid off, but the hospital says that I have to take a loan to pay it off if it's not paid off in 4 months. This means I would...

04/02/2007 | Category » Debts and Credit  State » AR  #2504
How do I secure money I am loaning to someone in case they default?

I want to get a promise to pay me $2,000 with a condition should that person default in payment. It is an unsecured $2,000. Plus, I need to know what I do, like file a lien, should a default occur. Which promissory note should I get?

04/04/2007 | Category » Debts and Credit  State » NC  #2621
As a daycare owner how so I collect delinquent money owed by parents?

My spouse and I have a DayCare business. This is our first year and we already have clients that refuse to pay pass due monies for services rendered. How do we go about collecting, legally and quickly?

04/09/2007 | Category » Debts and Credit  State » IL  #2800
Are there any time limits to cashing a certified check in Texas?

I was given a certified check by my brother in 2004, which I have not cashed. Are there any laws pertaining to time limits for cashing certified checks in Texas?

04/12/2007 | Category » Debts and Credit  State » TX  #3046
Will I be responsible for my husband's debt if he passes away?

My husband is terminally ill. Will I be responsible for debt in his name only when he dies?

04/13/2007 | Category » Debts and Credit  State » NH  #3067
After settling a credit card debt, is it legal to collect remaining debt?

I settled a revolving line of credit back in 2003 with a collection agency for a lower amount then what was due to resolve the debt. On my credit report it states account settled. I just received a letter dated 04/09/07 from A Law office in CA that they are collecting on that ve...

04/14/2007 | Category » Debts and Credit  State » MN  #3096
What options do I have if I can no longer afford the restitution payment?

I got into trouble at my old job at Macy's. I was caught stealing product and gave it back and spent jail time for the act. It was the first time I was in trouble with the law. The made me sign a promissary note for restitition for a very large amount of money under the threat o...

04/18/2007 | Category » Debts and Credit  State » CO  #3188
What if I agree to pay the balance of the debt, but not the attorney fees requested?

We received a summons for an unpaid dental bill. The actual amount due is $991 however there are Attorney fees of $330.33. The Attorney has been nasty and we refuse to deal with him. After much thought we have decided to pay the $991. We do not want to pay these Attorney fees. My...

04/28/2007 | Category » Debts and Credit  State » NJ  #3378
Is my social and bank information needed when applying for an apartment?

I am trying to rent a beautiful apartment on Roosevelt Island. There is a credit check fee of $100 and they want me to fill out a rental application with my SS#, bank account numbers, and my signature. Is this normal?? Should I worry about identity theft or fraud?

04/28/2007 | Category » Debts and Credit  State » NY  #3388
What bills is my father responsible for when filing bankruptcy if his wife does not file?

My Dad wants to file bankruptcy and his wife does not. My Dad has cancer and cannot pay for all her spending even though he has signed for nothing. He is retired and is barely making ends meet. Is he responsible for all bills or just his?

04/28/2007 | Category » Debts and Credit  State » MO  #3395
Is a husband responsible for a deceased wife's debt if it was all in her name only?

I have a friend who is dying of cancer. The end is very near and she is concerned for the husband and children she will leave behind. What bills/debts is her family responsible for once she passes? All of her bills, credit cards, etc. are in her name only. Will her family be resp...

05/03/2007 | Category » Debts and Credit  State » NY  #3608
How do I get out from under the loan on I car where I owe more than the car is worth?

I cannot afford payments on car. I owe more than it is worth. I would like to get out from under the loan.

05/03/2007 | Category » Debts and Credit  State » OR  #3618
What is the statute of limitations for student loans?

1) I owe $30,000 in students loans. The debt was acquired 20 years ago. Now the government is requesting I make payment arrangements or they will eventually garnish my wages. Didn't the staute of limitations run out? 2) How long after a credit card debt is delinquent can debt ...

05/03/2007 | Category » Debts and Credit  State » GA  #3676
Can I go to jail for not paying any notes on the new car I bought?

I bought a used car then lost my job so, I never made a payment except for the down payment. I am behind 8 months in payments. I was told there was a warrant out for me. Can I go to jail for not making the payments? Can I voluntarily take the car back to the car lot? If I take t...

05/09/2007 | Category » Debts and Credit  State » ALL  #4291
Who is responsible for the debts of the deceased?

Who is responsible for the debts of the deceased? Can the adult children be held responsible or is it just the spouse?

05/10/2007 | Category » Debts and Credit  State » NV  #4383
A collection agency is calling my job and threating wage garnishment - Debts and Credit

A collection agency called my job about a student loan I had from way back when I was 18 and lived in NJ. They called my job and told me they are going to garnish my wages. Can they do that? And can they also call my job? Are they allowed to do that? How do I stop them from call...

05/11/2007 | Category » Debts and Credit  State » TX  #4453
What does it mean if a debt has been charged off by a creditor?

If your credit report shows a debt as being reported as a loss by credit grantor (charged off), does this mean that the creditor is working with a debt collector or attorney? Is it legal for a collection agency to see a credit report on you without permission?

05/11/2007 | Category » Debts and Credit  State » NC  #4480
How do I correct something wrong on my credit report?

I had an outstanding bill owed to the gas company that went to collections and was paid by me to the collection company over 2 years ago. When I went to get the gas bill put in my name at my new residence I was told that the bill was still out standing. I have proof of payment i...

05/12/2007 | Category » Debts and Credit  State » PA  #4527
Am I obligated to pay my deceased husband's debt?

My husband died intestate in Colorado. His and my only descendant is our daughter who was 21 years old at the time of his death. We were supporting her while she attended college. She was a junior when he died. Most of our property and assets were held jointly, including our h...

05/12/2007 | Category » Debts and Credit  State » CO  #4566
Can a collection agency hire an attorney to represent them?

Can a collection agency (that is assigned to a debt; they did not buy the debt) legally hire their own attorney to represent them in court?

05/12/2007 | Category » Debts and Credit  State » TN  #4568
How do I get my funds I paid to escrow on a home I did not close on?

I was in the process of buying a house. I paid a small amount which should have gone in escrow. We never closed on the house. The company will not give me my $1800 until they sell the house. What recourse do I have?

05/13/2007 | Category » Debts and Credit  State » NC  #4593
Is someone dies is the surviving spouse responsible for unpaid medical bills?

Under Tennessee law,when a person dies, is the surviving spouse held responsible for the deceased persons hospital bills?

05/13/2007 | Category » Debts and Credit  State » TN  #4636
Will I be responsible for my deceased brother's debt if I inherit his retirement fund?

My brother recently died without a will. My brother and I are the only relatives left. (My living brother is someone who would not want his name on any document--anti establishment, government person.) My dead brother had a lot of debt and no insurance and the last month of hi...

05/14/2007 | Category » Debts and Credit  State » WI  #4657
Can the hospital charge me more for a procedure if I do not pay in cash?

I went to the hospital for outpatient surgery. A simple procedure of which they quote me a cost of $1125 if I was paying cash. I paid the day of the surgery and then three days later received a bill for another $1395. Can they actually do this? The procedure took less than a...

05/14/2007 | Category » Debts and Credit  State » WY  #4753
Can I refuse to cooperate with a collection agency and request to deal with the original creditor?

If I don't have a contractual agreement with a debt collection company,representing an original creditor, and I inform them that I don't want to do business with them, do they then have a legal right to report me to the credit bureaus? I want to deal directly with the original cr...

05/15/2007 | Category » Debts and Credit  State » IL  #4854
Who is liable for the credit card bills if the cards are only in one name and you break up?

If you are dating someone and there are credit cards involved with the relationship and the two people breakup,who is liable for the credit card bills if the cards are only in one name?

05/15/2007 | Category » Debts and Credit  State » TX  #4860

A complaint is a general statement of the plaintiff’s claim. The complaint describes...

I received a summons yesterday regarding a credit card with an unpaid balance of approximately $3300.00. Currently I do not have the funds to pay this amount. Can I negotiate a payment schedule with the attorney for the credit card company? I need to respond in writing. What sho...

05/16/2007 | Category » Debts and Credit  State » MA  #5002

You might consider asking for a copy of the judgment to make sure that they have not got your...

I am inquiring about the statute of limitations on a judgment. I had a collection company call me today about a judgment for a Sears credit card of which I had no knowledge. It is not on my credit report at all. They said that they bought the "bad debt" from Sears and they are n...

05/17/2007 | Category » Debts and Credit  State » NJ  #5115

The statute of limitations on open accounts in Kansas is three years. All information, good or...

Is there a statute of limitations on medical bills? have stacks of medical bills, limited income and honestly hope that there is a limit on how many years they can come back on me. I have payment arrangements with current medical bills or have been able to make settlements for l...

05/18/2007 | Category » Debts and Credit  State » KS  #5173
Can Creditors go after the debt with the DBA business is the original business owes?

If a corporation owes a debt which goes uncollected, and an officer of that corp forms another business under a DBA not affiliated with the debtor, but not incorporated, can creditors go after the debt with the DBA?

05/22/2007 | Category » Debts and Credit  State » UT  #5597
Can they put a lein on a joint checking and savings account for credit card debt

I owe credit card debits from Bank of America. Can they put a lein on a joint checking and savings account? The debit is my own but my wife social security check goes into our savings account and my social security check goes into our checking account.

05/24/2007 | Category » Debts and Credit  State » GA  #5883
Can the bank take money from my account to cover my son's overdrawn account?

about 3 or 4 years ago my son had a checking account at southtrust bank now wachovia, well the account was closed due to being overdrawn. my name was on the account. I never wrote any checks or used his checkcard. the only thing I ever did was deposit money into it for him. The ...

05/25/2007 | Category » Debts and Credit  State » AL  #5949

You might:

1. Repay the debt (make a deal directly with the creditor);

I signed up with Colonial Debt Relief for $1200 to reduce my Capital One credit card bill from $8000 to $3200. They sat on my case for months, so my account went to Capital One attorney, which they said they were going to garnish my pay to get the money. Col. Debt Relief gave C...

05/29/2007 | Category » Debts and Credit  State » GA  #6023
Why does my sister have to claim my parents income when applying for financial aid at college?

My sister is 21 years old, lives on her own, has a job, and pays all of her own bills. She still has to claim our parents income when she applies for Federal Aid for college, when they do not contribute. I was wondering how it would go for her to emanicpate herself from our par...

06/08/2007 | Category » Debts and Credit  State » LA  #6269

By virtue of express statutes in most states, mechanics and material men or persons who furnis...

I was a subcontractor with a company that had a government contract at MacDill AFB. The contractor owes me money regarding this subcontract. How can I collect? Can I place a lien on their contracts?

08/08/2007 | Category » Debts and Credit  State » FL  #7784

I suggest you contact the local Al-anon chapter. Generally, a married person is not liable for...

My husband is 64, retired and an alcoholic. I would like to know if my home is deeded over to me alone will it be protected from any lawsuits that may be brought against him? He continues to drive while under the influence and I am greatly concerned about losing everything due ...

08/10/2007 | Category » Debts and Credit  State » NJ  #7840

If "paid in full" or similar language is written on the check, and the payee crosses-out a &am...

If you have a check that was given to you for payment, and you are disputing the amount, (it is not for the full amount that is owed), but want to cash this check in the meantime, what can you write on the check that shows you are accepting it for the moment but you do not want t...

08/20/2007 | Category » Debts and Credit  State » NY  #8070

Statutes of limitations for credit card debt are governed by state statutes, which vary by sta...

Could anyone tell me when the statue of limitation on credit card debt? My understanding is when the debt became in default not when the credit card company charges off the debt. Therefore if a consumer misses a payment on July 1, 2000 and never gets the balance up that is when ...

08/22/2007 | Category » Debts and Credit  State » ALL  #8140

The bank may cash a stale check as long as it does so in good faith, meaning that it has no re...

What is the time limit on cashing a check that you wrote to a business? You write a check and account for it in your ledger but the business cashes the check over 2 months later and causes your account to be overdrawn and is threating to send you to collections over it. What can ...

08/28/2007 | Category » Debts and Credit  State » TX  #8278

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits fro...

Can my S.S.I. money be garnished by credit card judgments that are against me?

09/03/2007 | Category » Debts and Credit  State » MD  #8387

Typically, a stipulated judgment can be reported but won't appear as a judgment unless the ter...

Does a stipulated judgment appear on your credit report?

09/10/2007 | Category » Debts and Credit  State » TX  #8579

A divorce decree may not affect your contracts with creditors. You will need to negotiate repa...

I was divorced 2 and a half years ago. In the divorce decree we were both responsible to pay half of any bad debt, or debt we owed together. I have paid my half, but because he has not paid his it is showing up on my credit report. How do I get it off my credit report? Becaus...

09/13/2007 | Category » Debts and Credit  State » ID  #8701
Can the bank keep a check that I tried to cash if I owe them money?

I owe a local bank past due fees, and I obtained a loan from a loan company, they made the check payable to me, and just so happens the check was drawn on the bank where I owe these funds, I went through their drive up window and showed my ID to cash the check, They took the chec...

09/16/2007 | Category » Debts and Credit  State » GA  #8795
If you have been paying on medical bills can they still be sent to collections?

If you have outstanding medical bills you have been paying, and the creditor has been accepting the payment for several months, can they turn around and send them(it) to collections?

09/17/2007 | Category » Debts and Credit  State » WI  #8819

Yes, it is possible. A "charge-off" means the creditor writes off the account balance as a "ba...

After a debt is charged off can the creditor try collecting from a person later?

09/18/2007 | Category » Debts and Credit  State » ALL  #8851
Do I still owe my ex for equity I paid to her at the time of divorce if she never cashed the check?

In a divorce 3 years ago I wrote my ex a check for pay-off of equity on our house that I kept. She never cashed the check. Since then I have closed that account . I received a letter from her this week saying she wanted her money. Is there a staute on how long she can keep a chec...

09/23/2007 | Category » Debts and Credit  State » LA  #8974
What can I do to force my relative to pay me money that he owes me?

I got an apartment in my name and let a relative live there a year ago. The relative ended up getting evicted. He agreed to pay the ending cost the landlord requested. He hasn't given me the money for that so I can get the eviction off my name. I can't get an apartment or house i...

09/26/2007 | Category » Debts and Credit  State » SC  #9073
Am I responsible for the bill I received two years after the work was performed?

I had an HVAC service done on my central air system on 7/15/05 from a contractor I had never used before. It was fixed and I never received a bill for the service. I have now received a bill for $335.00 to replace a $15.00 part more than 2 years after the job was done. I got n...

10/06/2007 | Category » Debts and Credit  State » NJ  #9776
What am I required legally to disclose financially when applying for government assistance programs?

My husband is going through cancer treatments. I wanted to apply for food stamps. They wanted a list of all cash, checking and savings accounts. Do I have to list our 401k? Does the government expect us to withdraw our money from there. There will be a penalty not to mention...

10/19/2007 | Category » Debts and Credit  State » IL  #10592
Can a lender report foreclosure to the credit bureau if the debt was paid off before foreclosure?

I would like to know could a lender report foreclosure to the credit bureau if the debt was paid off before the foreclosure process was completed?

10/30/2007 | Category » Debts and Credit  State » CA  #11280
Is it possible to have a document to release financial liablity of each other in a marriage?

Is it possible to have a document drawn up to release financial liablity of each other in a marriage. My husband and I would like to have a legal document stating that either party can be held financially responsible or liable in the event the other is in a accident for example....

10/31/2007 | Category » Debts and Credit  State » CA  #11327
Can a Lien be placed on Joint Property when the Judgment is against only one Owner

Can a lien be placed on a joint property if the judgment is on one person not both people who own the home?

11/01/2007 | Category » Debts and Credit  State » MD  #11404
What is a private annunity is as a means of protecting cash?

My widowed mother recently went into a nursing home. All of her property has been either sold or gifted beforehand. Could you please explain what a private annunity is as a means of protecting cash (approx. $280,000) before funds are depleated and we have to apply for Medicaid.

11/01/2007 | Category » Debts and Credit  State » NY  #11417
Who is responsible for payment when identity theft has taken place?

In a case of identity theft, how much money is the victim responsible to pay.

11/06/2007 | Category » Debts and Credit  State » KY  #11751
Where would I find a letter of intent needed to pay my loan in full?

SCEDD needs a letter of intent, to allow us to pay a loan in full. I can not find a letter of that nature in your website. Just need an idea of what to write?

11/09/2007 | Category » Debts and Credit  State » CO  #11964

A junior lien holder who forces the sale of the real estate must either pay off the senior li...

As the holder of a subordination agreement in the state of Washington, may I foreclose on the property and force the first position lien holder to foreclose as well, or am I just in a holding pattern in the event that the first lien holder forecloses at some point and there is en...

11/10/2007 | Category » Debts and Credit  State » WA  #12009

Although a deed in lieu of foreclosure is a negative item on your credit report, it is slightl...

If I was to do a Deed in Lieu of Foreclosure will this go on my credit report as a foreclosure? I live in Utah, but my home is in Alabama.

11/16/2007 | Category » Debts and Credit  State » UT  #12412
What will happen to my credit if the home I quitclaimed to my ex is bring foreclosed on?

I was divorced 2 years ago and I'm now re-married. My new wife and her mother have obtained financing for a new home that will be occupied by me and my new wife. I signed a quitclaim deed on the home that my ex and I financed and that home is being foreclosed on. I want to be on ...

11/23/2007 | Category » Debts and Credit  State » FL  #12753
Explanation of Illinois Statute 735 ILCS 5/12-183

I received a "Satisfaction Release of Judgment." It says "It is hereby ordered that in accordance with 735 ILCS 5/12-183 the judgment heretofore entered by the court in the above entitled matter is hereby vacated and held for naught." What does this mean? Will the judgment be rem...

12/02/2007 | Category » Debts and Credit  State » IL  #13234

In most cases a creditor must win a judgment against you and get a court order before it can g...

Status : Open Priority : Low Owner : Dana Aultman Ticket: referred = State = Washington User Name = Order number = Is a court order required to proceed with wage garnishment

12/11/2007 | Category » Debts and Credit  State » ALL  #13760
What forms do I need for my brother to legally invest in my new company?

I am going to start a small business and my brother wants to invest in it. Which forms do I need to complete to make our relationship legal?

01/13/2009 | Category » Debts and Credit  State » GA  #14980
What defense should I use against the family purpose doctrine for a deceased spouses medical bills?

What defense should I use against the family purpose doctrine for a deceased spouses medical bills?

02/07/2009 | Category » Debts and Credit  State » CO  #15191
How does my daughter defend a credit card debt lawsuit with no attorney?

My daughter is being sued by a credit card company for a $60,000 debt and has asked me to help. She has two small children; one with special needs. Her husband is in prison for securities fraud and she has been left with an overwhelming and complicated legal life. This is the ...

02/19/2009 | Category » Debts and Credit  State » WA  #15292
Is a Merchant Allowed to Charge Customers Credit Card Processing Fees?

May a company charge its customers a fee to specifically cover the fees a credit card processor charges it?

02/19/2009 | Category » Debts and Credit  State » MN  #15293
Is there a form I can sign showing I pay my daughter's mortgage late and she is not liable?

My husband and I have been living in my daughter's house as tenants with the verbal agreement that we would pay her mortgage on time every month. The past 3 years my husbands business has been in bad straights so we have paid the mortgage late about 7 times. She applied for a ren...

02/28/2009 | Category » Debts and Credit  State » NY  #15394
Can my son face lawsuits for damages since his wife was convicted of embezzlement?

My son's wife was convicted in Federal Court for embezzlement. The judge referred to him as the innocent spouse at sentencing. Is he protected from lawsuits from the people she stole from?

03/01/2009 | Category » Debts and Credit  State » MD  #15408
Can I sue my ex husband for taking out a hard cash loan on my home the he can no longer pay?

I own a home in Santa Cruz with a $640,000 mortgage; which I've paid on time all along. The home is held at this point with my ex who 18 months ago borrowed $75,000 as a short term hard cash loan that is due in August of this year. My ex has really gone off the deep end and now f...

03/09/2009 | Category » Debts and Credit  State » CA  #15502
How do I recover monies drafted from my bank account after asking the bank in writing to stop draft?

I have sent a letter to Bank of Hometown to stop taking a draft of $75.00 out of my account. I told them that they no longer had authorization to withdraw from my account but they keep doing it. What can I do?

03/12/2009 | Category » Debts and Credit  State » MS  #15609
How do I make a claim against a decedent's estate to collect money for a loan?

A loan for a significant amount of money was made interest free in 1995. The lenders were provided with an insurance policy to secure the loan at the expense of the person making the loan. Eight years later (2003) the beneficiary was changed without the lenders knowledge. The pe...

03/13/2009 | Category » Debts and Credit  State » FL  #15621
What is the statute of limitations for collecting a quick loan?

5 years ago I did one of those quick loans, the amount was 350.00. yesterday I received the keys to my new home that I worked for years to clean my credit up . 2 hours after, a summons was delivered; saying I owed 13,500.00 - cost and fees, because I didn't pay. I did pay but h...

03/14/2009 | Category » Debts and Credit  State » IL  #15624
What are the requirements for garnishing wages for credit card debt?

Last week my wages were garnished due to the lack of payment from a 2004 credit card account. My last payment was in 3/2004. This matter has never been into a court of law. In my understanding the statute of limitions has expired. How do I get this matter resolved and stop the ga...

03/14/2009 | Category » Debts and Credit  State » AZ  #15626
Am I responsible for the large credit card debt my wife left when she passed?

My wife died leaving large credit card dept. The card is in her name only. Her name is on the deed to our home and autombiles. Am I liable for this debt?

03/16/2009 | Category » Debts and Credit  State » IN  #15641
If a son stop's payment on mother's check to someone without her knowledge is this legal?

A relative [my aunt] gives me a check, as she has been done several times before. Her son stops payment on the recent check for no reason other than he seeks to keep as much of his mother's money for himself as possible. Has the son violated any laws; if so, what codes are involved?

04/01/2009 | Category » Debts and Credit  State » CA  #15835
What can I do if my banker ordered me a credit card without my permission?

A banker uses my account information to order a credit card for me without my permission. What can I do?

04/08/2009 | Category » Debts and Credit  State » ID  #15924
What are my rights to have false information removed rom my credit report?

I have a collection company who purgered themselves to get a judgement against me. They report negatively to the credit people everytime my credit gets good. What are my rights?

04/09/2009 | Category » Debts and Credit  State » CO  #15927
Can the bank claim money from a personal account to cure an overdraft?

I have 3 accounts with the same bank. The 2 checking accounts had overdraft protection. The business account has had no money in it for some time now due to the economy. My health insurance over drew my account (the business one) $1,400.00. I have made several payments to try ...

04/14/2009 | Category » Debts and Credit  State » CA  #15985
Can I be held liable for the debt of my deceased mother even though I am not the Power of Attorney?

My mother was in a nursing home in GA. My sister and I were both her responsible parties. My sister was her power of attorney, I never handled any of her funds only my sister had access to them. She misused my mothers funds and ended up oweing the nursing home around $5000.00 she...

04/22/2009 | Category » Debts and Credit  State » GA  #16091
My mother wants to purchase a home from an annuity, but at her age would her investment be protected

My mother is considering buying a home in Spooner, WI. She would be using money from an annuity. She's is in fairly good health and barring anything unexpected, would live there several years. Our question is: If something were to happen and she suddenly had to go to a nursing ho...

04/27/2009 | Category » Debts and Credit  State » WI  #16200
What are my daughter's options for her marital home if her ex husband is filing bankruptcy?

My daughter who is 36 years old recently was divorced. She and her husband were joint owners, and joint signers on the mortgage for the house. They owe about $150,000 and the house would be worth twice that if the housing market were not so depressed. As a part of the final settl...

04/27/2009 | Category » Debts and Credit  State » ALL  #16204
Am I responsible for my father's hospital bill if I signed the Authorized consenter section?

My Dad is admitted to hospital last week. Since he was in serious condition, they took my signature in the Authorized consenter section. Patient is unable to consent because: Pt. med condition. I therefore consent for the patient. Now my question is, am I financially responsible...

04/28/2009 | Category » Debts and Credit  State » ALL  #16311
Can I still be reseponsible for credit card debt that the company wrote off?

Can I be forced to pay a credit card company's write-off of my old account now in possesion of a collection company that bought the credit cards write-off account?

04/28/2009 | Category » Debts and Credit  State » ALL  #16329
Can Sallie Mae put a lien on mine and my wife's home due to a loan for my daughter's education?

According to the Arizona Homestead Act, residents are exempt from liens and forced sales up to $150,000. Our property's value right now is about $400,000. Sallie Mae may come after my wife since she co-signed for a student loan for our Daughter. Our Daughter has been unable to p...

04/29/2009 | Category » Debts and Credit  State » AZ  #16360
What is the definition of Holder in Due Course in New York?

A payroll service called about a check they cashed after a stop payment was issued because the check cashier claimed he did not receive it so we issued a replacement check for the same amount, but he cashed it anyway and the new check is not stale yet. Is the service in NY really...

04/29/2009 | Category » Debts and Credit  State » NY  #16376
Is it legal for the owner of the building to publically post notice of past due fees?

I am currently renting a condominium in a high-rise building with 220 units. The monthly condominium payment is $210.00. The owner constantly pays the condominium fee several months late. The new building manager has started a policy of posting a list of the unit number and the ...

04/29/2009 | Category » Debts and Credit  State » ALL  #16387
What are my legal rights when served a summons for a hospital bill?

I was just served with a Summons for $1,139 from a local hospital. This account had been turned in for collections and I had been paying, as agreed, until I began getting harassed by another collection firm on this same account. I contacted the original collection firm, twice, ...

04/29/2009 | Category » Debts and Credit  State » ALL  #16403
If I execute a Quit Claim Deed to the Mortgage Company am I still liable for the debt?

If I execute a quit claim form to the mortgage company will I be liable for the balance on the mortgage?

04/29/2009 | Category » Debts and Credit  State » ALL  #16425
When I pass will be spouse be responsible for my credit card debt?

I have cancer. When I die will my wife be responsible for my credit card debt? She is not a Co- signer.

04/29/2009 | Category » Debts and Credit  State » ALL  #16441
What type of documents are needed to ensure that money I loan to an investor is properly secured?

What type of documents are needed to ensure that money I loan to an investor is properly secured? I am being furnished by a security agreement that states: Persuant to article 9 of the Uniform Commercial Code. All property (collateral) which shall include all after acquired prope...

04/29/2009 | Category » Debts and Credit  State » ALL  #16450
Does my attorney have a liability for improperly executing the settlement due to wording in the QDRO

In a divorce property settlement, it was agreed that the 'coverture' portion of a 401k account was to be divided via a QDRO. In the subsequent QDRO, signed by both parties, the provision was for an amount equal to fifty percent of the total account balance. The QDRO was executed ...

04/29/2009 | Category » Debts and Credit  State » ALL  #16465
Could a chain letter that involves sending money be considered illegal?

I have recently come across an opportunity where there are a list of four email addresses. You send five dollars each to the person at the bottom of the list and to the person at the top of the list. Then you replace the email address at the bottom of the list with your email ad...

05/05/2009 | Category » Debts and Credit  State » FL  #16583
What are the consequences of voluntary repossession?

We are behind on the payments for our motor home. We would like to keep it but that doesn't appear likely. We would like to know the consequences of voluntary repossession. We are aware that our credit will be affected, but are concerned there could be other consequences, such ...

05/11/2009 | Category » Debts and Credit  State » AZ  #16635
Can a lien be put against my home for a medical debt?

A collection agency for a four year old medical debt is now threatening to put a lien on the house and report to credit agencies. The contract's first service was 3/30/2005 The last payment by us was 10/04/2006. The reason for non-payment is disagreement to the amounts owed and...

05/11/2009 | Category » Debts and Credit  State » TX  #16642
What are my alternatives to repossession?

I am a 76 year old woman who, because of a 'scam', found that I have a travel trailer on my credit report. I was a party to this so it is not the banks fault, I just did something foolish. Now I found the person who was involved and has paid on the trailer for 5-1/2 years is no...

05/28/2009 | Category » Debts and Credit  State » CA  #16802
What are the defenses for a warrant in debt?

What are the defenses for a warrant in debt?

05/31/2009 | Category » Debts and Credit  State » VA  #16831
How can I protect my personal assets from a failing family business?

My family business is failing. I only own 15% of the stock. My parents do not want to give me an equal or controlling amount of stock. I am the President of our corporation. I know the IRS and collection efforts will come to me first. How do I protect my home and my family from t...

06/02/2009 | Category » Debts and Credit  State » IN  #16843
How Do I Know if A Debt Reduction Service is Reputable?

I have signed a 'docu-sign' agreement with a company called Elite Financial Services Inc. in Saugus, Massachusetts to negotiate my credit card debts because I am unable to pay in a timely way without being penalized. At first I had a pretty good feeling about Garrett Hooper and ...

06/20/2009 | Category » Debts and Credit  State » AZ  #17089
How to I Stop Garnishment in Florida From Debt of Ex Husband when he is remarried?

I am being garnished for a debt that my ex-husband created prior to our marriage. The company that is garnishing my wages for his medical bills has informed me the bills were started in 1999; we did not get married until 2001. The garnishment was served in his name and my name as...

07/06/2009 | Category » Debts and Credit  State » WA  #17353
Are Payday Loans Illegal in New York?

I have 3 outstanding payday loans that I cannot pay due to severe medical issues that has me out of work. I was told that online payday loans are illegal. Is this true? If so, would this make the loan null and void. The total of the 3 payday loans is $1050.00.

07/11/2009 | Category » Debts and Credit  State » NY  #17485
Can The Creditor Collect More Money After a Settlement?

I am a housewife for these past 22 years. If I owe a debt and responded in court that yes I owe the debt made payment arrangements (paid at the lawyers office) as agreed then why are they issuing a citaion to my bank as third party to reveal assets or income. Most importantly why...

07/24/2009 | Category » Debts and Credit  State » IL  #17790
Can My Debt Be Turned Over to A collections Agency if I Didn't Default in Repayment?

I was employed by a trucking company that is going out of business. I had to go to their school for driving. The course was $2400. $200 a month would be deducted from that bill while I worked for the company. I went to school for 5 weeks and was hired to drive. This was in Sep...

07/26/2009 | Category » Debts and Credit  State » MN  #17800
How Can I Prevent a Creditor From Attaching My Bank Account?

Ford Motor Credit had frozen my bank acct several years ago and took all the money they could from my bank. They had not received all the money they were seeking for a reposession of my vehicle. I recently received a letter from their attorney and they are requestion information...

07/27/2009 | Category » Debts and Credit  State » TN  #17826