I live in Georgia and have incurred over $20k on a failed business debt. The creditor is trying to serve papers but trying to work out a payment plan possibly. Due to business failure and other debts i am trying to find any possible relief.
It depends on where your employer is. With an out of state judgment, they could possibly attempt to garnish your employer in another state and then you get into an argument about whether or not the wage garnishment is legal. Obviously if your employer is in Texas and they send the checks from Texas then you should be fine but if they aren't, there is a potential problem there. Most likely you have other debts, rather than dealing with a bunch of judgments, filing a Chapter 7 Bankruptcy in Texas probably makes more sense after you meet the residency requirement.See question
I am being sued by midland llc, they have provided proof of the debt but I do not have money to pay for the debt or to hire a lawyer. I am currently out of a job and am in bed rest due to pregnancy complications. What are my options? Can I go to j...
No you can't go to jail. Many debt defense lawyers charge flat fees with affordable payment plans you should at least get some quotes so you don't end up with a default judgment.See question
I didn't default intentionally and the corporation suing me is asking for $2001.55. When I defaulted, the amount I owed was $1423.47. Any advice would be greatly appreciated. Thanks and have a great day.
First it's important to understand the amount in controversy. They are suing for $2001.55 but if they get a judgment they will tack on attorneys fees, court costs and post judgment interest. The total liability here is easily $3000 or more with the balance doubling in about 5 years or so. That being said, there are debt defense lawyers that charge about $500 or so to defend small collection lawsuits. So it often makes sense financially to have representation.
The options are to file an answer and get some leverage back from the creditor. They still need to prove the case. Often a resolution can be worked out but if you don't have an attorney and you don't file an answer they will likely want an agreed judgment for the full balance. Seek out some debt defense lawyers here on avvo.See question
Being sued by Portfolio Recovery for $1685.58 on JCPenney credit account. Copy of JCP bill in lawsuit show charge off of account on 7/16/2010. Affidavit is dated 11/10/2014. Citation issued 1/23/2015. Served papers in person 3/11/2015. Made ...
First - 20% for a PRA lawsuit is not realistic so most likely the "deal" you got is them taking a payment that they will credit towards the alleged balance due so you can restart the SOL and then come after you for the remainder of the debt. This is why it's never a good idea to deal with collectors directly, they are not your friend.
I think that calling them is going to be a waste, they will still take the money out. You need to get your bank to stop it and you may need to close your account prior to 3/31 if they won't help. You should also send written notice to PRA that you are not agreeing for them to take any money from your checking account so they don't try to allege a separate breach of contract..See question
judgment on homesteaded home and disabled on a fixed income and need to sell to downgrade my expense for housing. The judgement is very old.
You need to do a partial release of lien pursuant to Texas Property Code 51.0012.
Instead of reading the property code and potentially holding up the closing even more, you should consider paying a flat fee to an attorney to handle this so you can move forward with the sale of your homestead.See question
I'm in Texas---statute of limitations began Jan 2010, collection agency filed suit against me in 2012, I never heard from anyone since 2012, now they have filed a "motion for judgment" December 2014 w/ court date of 2/13/15-------after original st...
It's definitely not a done deal. To defeat a motion for summary judgment you need to show a fact issue. Doing this is hard without an attorney because your response has to be in writing and timely. Consult with some debt defense firms that charge flat fees to see what the best route here.See question
What happens if i never responded and a default judgment is now against me. Do i have to respond to make payments? Or will they start billing me? The judgment is for $120,000.
You may be able to vacate the judgment if it was recent and you have a decent reason as to why you did not file an answer. Once it's vacated you have more leverage and could potentially work out a deal with the creditor or fight the case depending on the facts. More information is needed.See question
My daughter has racked up about $10,000 in medical bills from a car accident, a personal loan, a demand letter from Wal Mart for shoplifting (court costs have been paid for this and the items were returned), and a variety of other bills. She wor...
Bankruptcy for only $10,000 of debt is overkill in my opinion. They may agree to settlements but this would involve written settlement agreements. Be sure no money is paid based on "verbal" agreements with any creditors. If nothing is done they may file lawsuits in the future to collect the debt.See question
I have a small claims debt collection lawsuit filed against me. I have seen sample general denials that are short and sweet. Others cite case law and seem to include specific denials and a plea for dismissal citing lack of standing. I do not wa...
A general denial is typically short and sweet. You don't need to cite case law. That being said, you are required to list any other defenses you have. These are called "affirmative defenses.". You said you don't want to reveal your defense but Courts do not allow"trial by ambush". For instance, if you have a statute of limitations defense, but you don't put this in your answer, then most likely won't be able to argue it at trial. Same goes for "payment" - meaning you paid the account already. These aren't defenses that you can bring up for the first time at trial. Honestly these creditors have thousands of cases so any defense you list will likely not change the way they prosecute the case. If anything, you want them to dismiss the case if you can prove you have a good defense.
If the plan is to simply say they don't have standing to sue you because they are a debt buyer, I can tell you that likely isn't going to work. Case law allows for creditors to sell debt to each other so long as they can show evidence of the assignment. The best defenses in my experience is to attack the Plaintiffs evidence for one reason or another and then convince the Court that they have not met their burden of proof. You should consider hiring a debt defense firm on a flat fee.See question
I am being sued for debt collection. I was told I have 14 days from the date I was served to file an answer with the court, and if the 14th day falls on a weekend or holiday, then I have until the first business day after the 14th day to file my a...
As previously discussed, this does not affect your rights in the case. If you argue you were not served the process server will argue you were and there will likely be a default judgment granted against you if you do not file an answer. Obviously it's best to get an answer on file. Consider hiring a debt defense firm on a flat fee because these cases typically end up with a judgment for the creditor if there is no consumer attorney on your side.See question