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Terry Lee Lawson Jr.

Terry Lawson’s Answers

50 total


  • Is there a time limit on how long the creditor has to try to collect on a judgment?

    There was a judgment made against me and my husband and business partners in 2011. The creditor contacted us initially, we made an offer to settle, and have not heard anything since. They have not attempted to collect, but it is still on our cre...

    Terry’s Answer

    In Missouri, a judgment is valid for up to ten years. Before the end of the ten year period, the creditor must move the court to revive the judgment for a longer period of time. So you are no where near the time that a judgment loses its effect.

    You will need to seek a satisfaction of judgment, which will eliminate the power of the judgment against you. To do that, you will need to pay the judgment or otherwise get the judgment creditor to agree to a satisfaction.

    Option 2 would be to file for bankruptcy, if you are eligible, to eliminate your need to pay the judgment. But keep in mind that BK will not automatically remove the judgment lien that may exist on your real property.

    If you have the funds, I would recommend hiring a lawyer who could assist you in working out a payoff and could analyze your bankruptcy options for you.

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  • Debt collection of money never loaned

    Hello, I went to a cosmetology school and had to leave the school when I relocated to another state. When I withdrew from the program the school began to try and collect $8500 of which was never loaned to me to begin with. Their rationale for thi...

    Terry’s Answer

    • Selected as best answer

    I agree that your debt is difficult to analyze without taking a first-hand look at the contract. But I also wanted to mention that there may be good reason to analyze your case for other claims, including debt collection activity that may be illegal. If a debt collector keeps calling, you can force the collection calls to stop. You just need to know how to do it. I would encourage you to get in touch with a good consumer lawyer in the KC area to help you.

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  • Collection Agency is charging me for my daughters labor while she was in custody of the US Marshals, What can I do to stop them?

    My daughter gave birth at ST. John Hospital in Leavenworth KS in 2009 while in custody of the US Marshals. To my understanding and according to the Marshals, they have paid everything since she was in their custody and I also contacted the St. Joh...

    Terry’s Answer

    You should let an attorney look at your case, including all the related documents. You may have good defenses to a lawsuit, and possibly even counterclaims that you could make. If you have been sued it is important not to delay, as you could be held in default if you do not properly respond to the lawsuit.

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  • I discovered that my student loans were pushed into default by Performant Recovery Inc. Do I need an attorney?

    I had a payment agreement with Performant Recovery Inc., they stopped taking payments out in December and are now harassing me and forcing me to pay triple what I had been paying for the last 3 years. I did not stop payments and believe that this ...

    Terry’s Answer

    It is difficult to know whether what the collector did was wrong or not without further information. However, you should have the right to reahbilitate your loan if it is a federal loan, and get it out of default, then you can get into a better payment arranagment again. So your issue sounds like it is two problems: 1. did the debt collector break the law when they stopped taking out payments and 2. can you cure the loan default.

    I would think that if you have not had success fixing these problems on your own, an attorney might be helpful, if they are experienced in debt collection defense and student loan matters, especially.

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  • Is the letter below all a collection agency has to send in response to a debt validation request?

    Original Client: LOAN.COM Account No: 1836237519 Date Debt Incurred: 9/1/2011 Dear BARBARA FINDLEY, This letter is confirming your account with this firm. The original lender on the account is LOAN.COM, incurred on September 1, 2011, and was a...

    Terry’s Answer

    I think that this letter may violate the Fair Debt Collection Practices Act (FDCPA), if it is responding to a request for validation. More information would be needed to know for sure. You may have a good claim against the debt collector if the debt collector has violated the law. Be advised that claims under the FDCPA must be filed within one year of the violation, so it makes sense to seek a lawyer to review your claim soon.

    Feel free to contact me or any other consumer lawyer of your choosing to help you evaluate your claim.

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  • We bought a car and paid cash $3,500 three week latter the dealer can not produce a title is this fraud?

    We did purchase temporary license and have $150.00 in repairs

    Terry’s Answer

    A failure to provide valid title at the time of sale is improper in the state of Missouri. Such a sale is void by statute. Many people think that you can wait to provide title until after the sale, but this is wrong. The dealer should definitely know better.

    Numerous cases have held that selling a car without providing proper title is a violation of the Missouri Merchandising Practices Act. You should be able to sue for this. I would urge you to seek a qualified lawyer to help you.

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  • Can a collection agency refuse to send a validation, inform me of charges over phone but refused to mail validation, what to do?

    i was recently contacted for a debt that i owe, for my apartments. i know that i had a balance of 487 when i left and gave them a 300 dollar money order informing them of the situation that i was in and that i will pay the remaining balance. The c...

    Terry’s Answer

    You are entitled to a validation letter within five days of first contact by a debt collector, per the FDCPA. I am assuming that the debt is a consumer debt, and that Elite is a debt collector. Different facts would change the answer.

    You also indicate "they have been faxing" as if there is more than one contact to the employer. Generally, contacts to third parties are not allowed, except to gain location and employment information once. More contacts than one, or the wrong kind of contacts, could also be FDCPA violations. I would recommend that you contact a consumer lawyer who is familiar with the FDCPA to see if you have a good claim to sue upon.

    In addition, you should immediately inform the collector in writing (certified mail is best, or a confirmed fax) of your dispute of the debt and that they should not contact you or your employer at your workplace again. Much easier to prove if you have done that in writing.

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  • A "Bill Collector" keeps calling me in spite of a "Cease and Desist" letter sent certiied to them. What can I co?

    this is a hospital bill sent to collections on june 11, 2013. Best to my knowledge, I didn't know I owed this as a bill statement was never sent to me.

    Terry’s Answer

    If the Bill Collector is not the creditor you allegedly owe, but is an outside bill collector, then you probably have a good claim under the FDCPA, so long as the bill collector received notice in writing to cease contact with you.

    I would definitely save a copy of the letter you sent (hopefully you already did this) or send another notice, via certified mail, to them (keeping a copy of it) that you are disputing the debt and they should no longer contact you about it. This does not eliminate the debt, but it would prevent them from calling you and harassing you about the debt.

    These cases are typically done in federal court, and often result in relatively quick settlements without a trial, IF the consumer has a strong case.

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  • Can an atty wait 9 yrs to file for garnishment after judgment was issued?

    I live in missouri I recieved a judgement against me in 2004 for $11,567.00 I have heard nothing more till last week when i was issued a garnishment in amount of $32,789.00, shouldnt the plaintiff filed for this at time of judgement? Do I have re...

    Terry’s Answer

    • Selected as best answer

    In addition to what Tracy said, you should know that debt collection by a debt collector, even garnishments, are subject to fair debt collection law known as the FDCPA. Hard to tell if any rules have been violated in your case based on your information, but you should know that law exists to protect you.

    You also have the right to claim exemptions from garnishment. These exemptions are used to protect certain property that the judgment creditor cannot take. However, you must claim the exemptions you have, they are not automatic.

    Hope this helps.

    Lastly - Go WARHAWKS! I grew up in Bourbon. What a coincidence.

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  • Can credit card lawsuit take my fasfa money like they threatned?

    i had a cerd[t card 13yrs ago and they decided to sue me and they called me today saying that i have to pay in full or100 dollars a month on the crazy amount tha is 4x the amount they want paid in full.. if i do not they will issue a summons and a...

    Terry’s Answer

    More facts are needed to know for sure, but this sounds very fishy to me. The debt is extremely old. It may be past its statute of limitations. Also, the debt collector's threats sound a bit over the top for any typical situation.

    Much of what you described likely violates the Fair Debt Collection Practices Act. (FDCPA).
    My best guess is you are either dealing with a very poorly trained collector, or this is a scam, and they have no intention of actually suing you.

    You should consult an attorney familiar with consumer protection law, and then decide if threat is realistic. My best guess is that it is not a credible threat, but more information would be needed to know for sure.

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