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Scott W Paris's Answers
- 89 Legal Answers
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2
Attorney answers:
I have some old medical debt I seen on my credit report and want to know the statute of limitations on collection
...and...if you are sued...the statue is probably 6 years, but possibly 15 years (if there was a written agreement). Keep in mind, many doctors have you sign such an agreement when you first go in for an appointment (it's part of the "medical history/information" questionairre).
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2
Attorney answers:
In addition to a debt in question, can a debt collector sue for additional collection costs (such as attorney fees)?
If this is a consumer action in Ohio, a creditor cannot collect attorney fees. Also, unless interest is contractual, they cannot ask for it until and unless they obtain judgment. To do otherwise is prohibited under Ohio law. If this is a 3rd party collection agency, and they indicated a "right" to these fees, they have violated Federal Fair Debt Collections Practices Act by attempting to collect a debt which cannot be collected. Finally, if this is a commercial debt, these fees and costs...
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2
Attorney answers:
Can creditors take money from life insurance?
Your question contains a lot of ambiguities. First...was this debt included in the bankruptcy? Is the bankruptcy discharged and closed? If the debt is discharged in a bankruptcy, the creditors cannot pursue anything. The Bankruptcy court might. I would strongly recommend talking with the attorney who completed your Bankruptcy. He should have good complete advice for you.
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2
Attorney answers:
If a company buys a debt from a company , their choice - do I have to pay them?!
To supplement Mr. Chen's answer (which is 100% correct)...you also want to make them verify this debt. Many times when a debt is purchased, it is not purchased with complete supporting documentation. If they don't have the original contract, and a full accounting to back up their claim...you may be able to defeat it that way also. To address your three questions...yes, the company can purchase your debt (and the original creditor can sell it). The company can pay for that debt (usually...
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2
Attorney answers:
Credit card debt
I would echo what Lesley says about credit counseling, BUT the good ones are a very good option if you can't work out an arrangement with the credit card companies yourself. The best credit counseling agency in ohio is CCCS. They are true non-profit, and do not charge any fees for their services. Here is their web address. http://www.cccservices.com/ or you can call them at 800-355-2227 Good luck.
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1
Attorney answers:
What happens if the court orders me to pay full amount?
First, if you do not appear, judgment will be likely taken against you. Second, once judgment is granted, the judgment will be owed. The creditor can do wage garnishments, and bank attachments (among other executions). You can often work out arrangements to pay over time. You're better to call them now and try to make arrangements, unless you dispute the case. If you dispute the case, you should show up Wednesday.
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1
Attorney answers:
I would like to know, what i should do next. I got a judgement on a tenant. how do i get my money?
This would require legal advice. Unfortunately, it's fairly in depth, and not something I can post here. See this link for some assistance: http://www.elyriamunicourt.org/documents/Going%20to%20Court%20on%20Small%20Claims.pdf
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2
Attorney answers:
My bank has sent my credit card debt to a lawyer. What can I do?
It sounds to me as though the debt has been transferred to a new collection agency? Possibly? I would take any communications you have from them regarding this debt and seek counsel. If you're a student, most universities offer free legal aid to students. Check with your school to see if that's an option. If not, try legal aid in Stark County. You may be able to enforce the original payment arrangements (assuming you hadn't defaulted on them)...there also may be other issues.
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1
Attorney answers:
What are my options for a defaulted bankruptcy by my ex husband if everything is still in my name too?
Since you are divorced, it would be beneficial to seek counsel as well. There are a few options in the circumstances you described, and you should be made aware of your choices, as well as the risks of each. A lot of attorneys will give you a free consultation...you should seek such an appointment.
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1
Attorney answers:
Am I liable for an engine on a car I rented that had mechanical failure while in my posession?
I would suggest seeking a consultation with an attorney. A lot of your liability will rest upon the language of the contract, and the specific circumstances behind the cause of the engine failure. You will want to get that contract for an attorney to review.
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