You are here:

Collections Law/Questions Answered by Expert Ray A Miller

SubjectDate Asked
Medical Bill Dispute2/8/2012
  Q: I received a hospital physician bill for services rendered on March 30, 2010. I was extremely ...
  A: You can never tell what will hold up in court. Write the doctor a letter telling him/her that you ...
collection agency suing me for $20002/2/2012
  Q: I live in California and I am being sued by Legal Recovery law offices on behalf of Wells Fargo for ...
  A: Usually the law firm has purchased the account. If they have deal with them. If not, deal with the ...
collection agency suing me for $20002/2/2012
  Q: I live in California and I am being sued by Legal Recovery law offices on behalf of Wells Fargo for ...
  A: Once a bill gets to this point, they will usually settle it for around 50%. If you can not afford ...
credit card collections1/26/2012
  Q: I have been receiving letters and phone calls from an attorney's office representing a credit card ...
  A: Well, to pay the settlement is the right thing to do but, if you want the calls to stop, send them a ...
Comcast Billing Dispute1/24/2012
  Q: Miller: My mother was a long-time customer of Comcast. I lived with her and took care of her. On ...
  A: What a dirty trick. Dispute the debt with them explaining that you never agreed to be the account ...
Consent Order Judgment1/23/2012
  Q: If I entered into a consent order with a law firm that represented themselves as being the attorneys ...
  A: Unless you get an attorney and he or she can get this thrown out, yes, if you miss a payment the ...
Consent Order Judgment1/23/2012
  Q: If I entered into a consent order with a law firm that represented themselves as being the attorneys ...
  A: This "order" if it exist, should be recorded in the court house of the county in which you live. ...
Consent Order Judgment1/23/2012
  Q: If I entered into a consent order with a law firm that represented themselves as being the attorneys ...
  A: Did they tell you any of this in writing? This will be hard to prove since they purchased the debt. ...
Wrongfully Sent to Collections1/21/2012
  Q: Back in 2006 I was in a car accident. While at the Hospital they dropped me and I had to receive ...
  A: First, dispute the items on your credit reports, in writing with the same explanation you gave here. ...
Payday Loan default1/7/2012
  Q: I received a phone call from a Mr. Evans @ stating he was from a company called American. Said he ...
  A: Get all of the information possible on the company and report them to the BBB, Consumer Affairs and ...
Old Medical Bill12/15/2011
  Q: I am trying to find out if I am liable for a medical bill that has a date of service of 2/2006 and ...
  A: The first thing I would do is call the doctor's office and see what took so long for you to be ...
collection12/9/2011
  Q: I have a small sewing business out of my home. I sew and sell mail straps to mail carriers, ...
  A: Calling someone at work is risky. Since you are a first party collector you can call at work but ...
collection12/4/2011
  Q: I have a small sewing business out of my home. I sew and sell mail straps to mail carriers, ...
  A: Before you can do anything, you will have to take her to court and get a judgement. North Carolina ...
Medical Billing Years Later11/30/2011
  Q: I live in Florida and saw a doctor on 11/29/07. Services were performed on this day. I just ...
  A: If you gave your doctor's office your insurance information at the time of service, they should have ...
Judgement proof?11/29/2011
  Q: My wife is set for a day in court next week, Forster & Garbus sueing her for an unpaid Sears ...
  A: New York is not a community property state so, if she has nothing in her name nor is working, she ...
Arbritration11/16/2011
  Q: I receive a phone call at my place of business asking where they can serve me? they have been unable ...
  A: Chase or someone they have sold the account to is trying to sue you over the balance. An ...
old collection11/12/2011
  Q: .in 2004, my girlfriend was renting a trailer in wisconsin. she was making payments on time. after ...
  A: You are right, Greentree is awful. The statute of limitations in TN is 6 years. What this means ...
collections11/12/2011
  Q: I just received a phone call from an attorneys office wanting to collect on an emergency physicians ...
  A: Yes you can be sued for a medical debt. My suggestion is that you contact the ER Phy group and see ...
Judgement11/7/2011
  Q: Last Nov. 2010 I received a summons from an attorney concerning a medical bill I received. I called ...
  A: My first question to you is do you have something in writing stating that you have a payment ...
How statute works after 6 yrs?10/28/2011
  Q: My fiancé & I are planning to buy a house soon. He hasn't seen his credit report in a decade. Now on ...
  A: Unless he has a cancelled check or a letter from the agency showing it was paid in full, I am afraid ...
How statute works after 6 yrs?10/28/2011
  Q: My fiancé & I are planning to buy a house soon. He hasn't seen his credit report in a decade. Now on ...
  A: a couple of times, to different agencies and evidently, the account number has been reassigned. A ...
Imaging/doctors office/hospital Summons10/26/2011
  Q: Miller, I live in Idaho, Earlier tonight my husband and I were served with a debt collections ...
  A: Throw yourself on the mercy of the hospital. Send them a letter asking them to consider this ...
Account Charged Off10/21/2011
  Q: I had a credit card that I was paying on a monthly basis. I moved from PR to VA in 2006 and ...
  A: Wow, what a mess. Send Bank of America a certified letter telling them what you have told me and ...
Collection Laws10/20/2011
  Q: I had a Comcast account back in Jan of 2010 which was closed Mar. 2010 and ended with them sending ...
  A: It is not against any law that I know of except the laws of accounting. Send them a certified ...
Lab Bill10/19/2011
  Q: Mr. Miller My Mother Joined a home health care agency in Tucson Arizona her health ...
  A: This is a tough one because the lab fees are separate from the doctor. Send the home health agency ...
Refused Payment10/19/2011
  Q: I spoke with the collection agency several times and had disputed a couple of things that they were ...
  A: If you do not have anything in writing showing a $50.00 per month payment arrangement, I am afraid ...
Dental Statement.10/18/2011
  Q: We live in Illinois and received a dental office statement, written on it collection and contact ...
  A: The main thing that needs to happen is that you resolve the debt. Send the office manager a ...
Oklahoma State Taxes10/15/2011
  Q: Received letter from agency claiming I owe Oklahoma income tax. No previous notification from state ...
  A: First, sent them a letter asking for an itemized statement of this account. Without this there is ...
statement10/14/2011
  Q: I purchased a car in 2006 with my ex husband..we divorced, I made the payments on the car until he ...
  A: Write them a letter demanding a statement of account. If they do not send one, send them one more ...
Ohio Garnishment10/11/2011
  Q: I am being garnished by a law firm in Columbus, Ohio. My question is, if the account is more than 6 ...
  A: Call the original creditor and ask them for the date of last activity or the charge off date then ...
Hard Inquires10/8/2011
  Q: Mr. Miller I recently received a copy of my credit as i am preparing to buy a home on the report ...
  A: You can complain to the FCC, citing the FCRA in your complaint. What has happened is the original ...
Capital One and NCO 10 years of silence10/7/2011
  Q: In May 2005, a bill from March of 2000 for $2K was placed the bureau as CHARGE OFF for extenuating ...
  A: Here is the FL statute of limitations web site: ...
medical bill after two years10/4/2011
  Q: I received a bill from Mercy Gilbert in April of 2011 for the hospital stay of my sons birth which ...
  A: There are statute of limitations for using legal methods to collect a bill but I do not know of a ...
Collection Agency Validation Isn't Proof10/4/2011
  Q: Early this year I cancelled a DSL account with Qwest. They subsequently sent me a mail label to ...
  A: If you have a signed delivery receipt, send Quest and the collection agency a copy, along with a ...
Timeshare collection9/28/2011
  Q: Hope you can help. I had a timeshare that unfortunately turned into getting in collection because i ...
  A: Unfortunately, I do not know of any way to help you on your credit history other than advising you ...
wrongfully sent to collections9/23/2011
  Q: I have received a letter from a collection agency for $260.45. The agency is collecting from Century ...
  A: Call the collection agency and tell them you want to pay the debt but due to the circumstances, you ...
assignment of judgement Maryland9/9/2011
  Q: I just rec'd an assignment of judgement that was filed in MD. It was entered on 8/2/1988 and just ...
  A: The statute of limitations in MD is 6 years. Write a letter to them contesting this debt and ...
Collection attempt8/26/2011
  Q: Ray, About 4 yrs ago a collection company tried to get a judgement against me but had no proof that ...
  A: This debt has been sold to another collector. Send them a copy of the legal paperwork you have plus ...
Explaning Judgement Proof Status8/26/2011
  Q: I went to court for my 78 yr. old Mom back in March of this year. She is legally blind, has ...
  A: They are doing what I call fishing. Seeing who they can scare into borrowing money from the family ...
Explaning Judgement Proof Status8/25/2011
  Q: I went to court for my 78 yr. old Mom back in March of this year. She is legally blind, has ...
  A: Get the letter you got stating that she is judgment proof and send a copy to the Attorney/Collection ...
collections8/25/2011
  Q: I am being hounded by a collection agency that claims they are filing a SL1071 on my behalf whatever ...
  A: The statute of limitations is 6 years in AZ and the date starts from the date of last activity, ...
Incompetent Credit Union8/22/2011
  Q: My wife and I took out a personal loan from a local credit union for a teacher certification class ...
  A: Sorry I am last answering this, I have been ill. Send the bank a letter telling them that if they ...
Credit8/22/2011
  Q: Early July, I began receiving calls for an unknown number, so I didn't answer. After a few days they ...
  A: Yes there is something you can do about it. Dispute the bill in writing with the company, the ...
attorney fee judgment8/21/2011
  Q: I have almost a $11,ooo judgment against my credit since 2004 for a former attorney I hired to fight ...
  A: After an item has been on your credit for 7 years, it will automatically come off. The part I do ...
Debt passed state's SOL8/17/2011
  Q: Having researched time barred debts and the Pa. SOL, I have yet to find anything that concurs with ...
  A: The SOL in PA is 6 years and after researching your question, I can not find where death has ...
Law Suit8/17/2011
  Q: My wife and I are 56 yrs. of age. We had a credit card loan for $10,000 Dollars 4 years ago. Paying ...
  A: It sounds like you are pretty much judgment proof. If you do not qualify for their hardship ...
Law Suit8/16/2011
  Q: My wife and I are 56 yrs. of age. We had a credit card loan for $10,000 Dollars 4 years ago. Paying ...
  A: Number one, do not offer a monthly payment that you are not sure you can pay. As to what you can ...
Medical Billing/Collections8/11/2011
  Q: Our facility has received a complaint from a patient that we sent to "collections" - stating that ...
  A: I have researched this and can not find any reference to the law in question. It would be a good ...
med bill8/10/2011
  Q: our doctor waited 3.5 yrs to send us a bill for dental work.do we have to pay? he said it was his ...
  A: According to what I can tell, he can bill you. What I would do is offer him 50% to settle the bill ...
Comcast incorrect balance/collection8/9/2011
  Q: From the fall of 2006 through the spring of 2007, I had an account with Comcast for cable and ...
  A: I would suggest that you write them a letter and once again state the facts. In this letter let ...
medical debt8/8/2011
  Q: I have a hospital bill from 2009 when I had mri's and kidney stones. I have been paying the hospital ...
  A: I can assure you that the collection agency will not turn down any money that you send (and yes they ...
medical collections lawsuit8/4/2011
  Q: I live in Omaha, Nebraska & have received a letter from a collections company saying they are going ...
  A: I am not an attorney, so I can not give legal adivce but I can give you financial adivce. Contact ...
wage garnishment8/4/2011
  Q: I am in NYS and have received two seperate wage garnishments within a month each for 10% of my gross ...
  A: New York State garnishment laws are subject to limitations in federal laws established to prevent ...
Post Judgement Interrogatories8/3/2011
  Q: I have a judgement against me for an uupaid credit card balance. The judgement was in April of ...
  A: I believe you would have an exemption for your truck. If that is all you own, there is nothing for ...
civil summons8/2/2011
  Q: we recently received a civil summons regarding a discover account. we have 30 days to respond. i ...
  A: Your best bet is to contact whoever has the account and try to work out some type of arrangements ...
Hospital Bills7/28/2011
  Q: I live in San Francisco, and 3 1/2 years ago I fell down some stairs at a club and broke my ankle on ...
  A: Most hospitals have an inhouse charity program. Call the business office and see if you are in time ...
Collection Agency7/20/2011
  Q: We received a court summons for a charged off and closed credit card account. We made our court ...
  A: Unfortunately, as many times as he likes. The next time you go, ask to be heard and explain your ...
small claims summons/money due7/14/2011
  Q: I am being sued by a collection company for $1200. I have no idea who they are or who they are ...
  A: You have a right under the Fair Debt Collection Practices Act to validation of any debt that is ...
Money Collection7/11/2011
  Q: My name is F. I live in Lakeland Florida. I own a small lawn and landscaping business. I have 3 ...
  A: Your best route is small claims court. You will lose them as customers but if they are not going to ...
Bank sales resulting in duplicate entries7/11/2011
  Q: What is the dispute terminology when a credit card was issued from Bank A which was sold to Bank B ...
  A: You should write the 3 major credit reporting agencies explaining that this accont is on your credit ...
Wrongful collections7/6/2011
  Q: After a visit to a medical clinic for an x-ray on my foot that I had injured I received no bills. ...
  A: Yes there is. Call the clinic and explain in detail what happened. Asked them to call the ...
What will happen??7/4/2011
  Q: I'm 22/female. I attended college in GA from 2008-2010. I became unemployed in July 2010 and I was ...
  A: They can report this to your credit bureau, turn this over to a collection agency and take you to ...
PHD DIDNOT PRECERTIFY HIMSELF AND ANOTHER DR FILED LATE BOTH DRS NETWORK PROVIDERS7/3/2011
  Q: MY CASE SETTLED SECTION ALL DRS WERE TOLD TO USE MY PRIVATE INSURANCE THEY FAILED TO SEND ANY ...
  A: In order to get a judgment, they will have to take you to court and it will be a good idea for you ...
doctors office billing a patient7/3/2011
  Q: I visited an MD on March 29, 2009. I told them that my insurance was expiring on April 1, 2009. I ...
  A: I hope this office manager is still working at the doctors office. They may be trying to rebill the ...
medical debt summons6/20/2011
  Q: Ok so here's a little background info on the situation I'm in. I live in Indiana, I have 2 small ...
  A: My best advice to you is for you to call the credit bureau and offer them the $700.00 as a down ...
Bank Levy6/19/2011
  Q: Friday evening when I checked our banking account online there was a 1050.00 charge dated 9/15/2011. ...
  A: The maximum that can be garnished in Virginia is 25% of your total wages. ...
Collection Agency taking more out of account than owed6/17/2011
  Q: WE entered into an agreement to pay a debt through a collection agency and they took the money in ...
  A: No this is not legal. Do you copy of the agreement? That would make things a lot easier. Send the ...
Debt Collectors Calling...6/15/2011
  Q: I have received numerous calls from DCS regarding a relative who is delinquent on his debt. I have ...
  A: Send them a letter telling them that you have no contact with this person and demand that AGAIN that ...
arguement over bill6/14/2011
  Q: I live in Iowa. I ordered some plants from Gurney's about 2 years ago, but when they were received ...
  A: This is a small bill but, they can turn you over to a collection agency, place this on your credit ...
Court judgement6/11/2011
  Q: I just completed checking my credit report and found that I have a judgement against me. I was ...
  A: Yes you can still validate the debt since NCO has started calling on the debt. Demand it in ...
attorney letter for medical bill6/2/2011
  Q: I got a letter from an attorney for a medical bill. It's for co-insurance and deductibles for bill ...
  A: No they can not put you in jail for a past due debt. I would not think they would take you to court ...
foreign debt5/24/2011
  Q: I live in Florida and have done for 10 years but a collection agency from Illinois contacted me ...
  A: Please realize that I am not an expert in English law but it appears that the statute of limitations ...
credit card collection5/23/2011
  Q: i live in Oklahoma and i got a card on my door the other day and called the number. it was someone ...
  A: Your next step is to call or write a letter to the collection agency and see if they will still ...
Medical Bill5/23/2011
  Q: I live in the Arkansas. I have a medical bill of over $1500 after insurance paid their portion. I ...
  A: Yes they can sue you. The question is will they. I would start by calling the hospital and getting ...
Late billing from unknown Doctor.5/20/2011
  Q: Today I received a bill from a medical practice for Inpatient Consultation from a medical group that ...
  A: As far as I can tell, there is no limit on sending a bill in Texas. If I were you, I would call the ...
can a collector file suit without prior contact on the debt5/19/2011
  Q: I was just served a law suit by a debt collection attorney representing a collection agency that ...
  A: According to my understanding of the Fair Debt Collections Practices Act, the law suit can be ...
Garnishment Papers Served5/18/2011
  Q: I am being sued for a credit card that I could not pay since 2005 - - I was unjustly fired from my ...
  A: It appears that the SOL in Georgia is 6 years and it starts on the date of last activity. You ...
Lawsuit by creditor5/17/2011
  Q: If a judgement is entered for non-payment of a credit card debt, what exactly can be taken? I am in ...
  A: The following web site is very helpful: http://www.washoelegalservices.org/lawsuit.htm#property with ...
collections harassment5/10/2011
  Q: I have been threatened by a so called legal department for Lease Finance Group. They are out of New ...
  A: They can sue you but they have to do so in Texas. They have to be successful and get a judgment ...
bill 2 years old5/10/2011
  Q: In 2009 I ordered a product with a 30 day trial period. The payments were to be taken from my ...
  A: If this has just been turned over to the agency, it is probably not on your credit yet. Once you ...
Collection law / statute of limitation5/2/2011
  Q: a little over ten years ago, my wife & I got married. A couple of months prior to that she went ...
  A: The statute of limations in Ohio is as follows: Ohio Statutes of Limitation Written or oral ...
judgement summons4/26/2011
  Q: I received a summons on an old Chase account. I am not even sure it's mine. It was not on my credit ...
  A: According to the FDCPA (Fair Debt Collections Practices Act), the creditor/attorney has 30 days to ...
Judgement4/20/2011
  Q: Since my wife has a creditor judgement now against her, do you know if it is advisable to change our ...
  A: That might not be a bad idea because this is an asset protection method. You said your wife is ...
Judgement4/20/2011
  Q: My wife who became permanently disabled about 3 years ago has recently been sued by a creditor and ...
  A: You are virtually judgment proof but just in case, if i were you, I would seek the advice of an ...
garnishment4/19/2011
  Q: I owe several creditors thousands of dollars. My only income is Social Security widowers benefits. ...
  A: I can not say what would happen if the creditor went ahead and filed a judgment, this would be a ...
garnishment4/19/2011
  Q: I owe several creditors thousands of dollars. My only income is Social Security widowers benefits. ...
  A: Social Security benefits can not be garnished, even after you deposit it into your account, by ...
Civil Summons in NC4/13/2011
  Q: I recently received a Civil Summons in the state of NC, city of Asheville for $7000 on a credit card ...
  A: First of, there is no wage garnishment for debt collection in NC so you can forget that. They can ...
going to court4/10/2011
  Q: I have a hospital bill from 6 years ago. I was paying it off with a collections agency, but I ...
  A: What you can expect in court: the judge will want to know if you owe the money. You have stated ...
Default Judgement & Property Seizure4/8/2011
  Q: I live in the state of Michigan and I received a judgement against me from a credit card company in ...
  A: Every thing is fair game if a judge so orders liquidation of assets to cover a civil judgement. If ...
16 yr old debt3/31/2011
  Q: I live in Ohio and I have a freeze placed on my husband's and I bank account, without notification ...
  A: http://www.ehow.com/about_6628073_ohio-law-wage-garnishment.html is a web site you will find helpful ...
Medical Bill after 3 years?!3/27/2011
  Q: My father-in-law received medical services on 1/23/2008 and received a bill with statement date ...
  A: Yes they can. It could be that they have been billing your insurance company. If I were you, I ...
warrant in debt for paid medical bill3/20/2011
  Q: I live in Virginia. In the past 2 years, I have undergone 3 surgeries myself and my daughter had ...
  A: This would be a question for an attorney but, I believe that since they have already filed the ...
4500 default judgement from discover card3/19/2011
  Q: i recieved a default judgement 7 years ago had fallen on hard times finacialy from a injury and was ...
  A: It appears to me that the statute of limitations has run out on this account and you are not ...
Credit card3/18/2011
  Q: I sent a payment to my credit card company and in the 'for' line I added "balance paid in full" and ...
  A: Sorry but unless the amount was agreed upon, simply writing paid in full does not make it so. You ...
timeshare3/12/2011
  Q: I'm a student and a danish citizen, who bought a timeshare in Las Vegas in july 2009 with my ...
  A: They will eventually foreclose on the time share and sell it. If it does not bring what is owed on ...
GMAC/ALLIED have stolen my money...3/11/2011
  Q: I've got a leased Chevy through GMAC, now Ally that is up for return or purchase by the 19th. ...
  A: This is the best advice I can think of to give: get the transaction numbers from your bank showing ...
Possible Law Suit3/9/2011
  Q: I received a call this evening, regarding a possible law suit against me. I live in Kentucky now, ...
  A: If your date of payment was in the late 90s, the statute of limitations has run out and the account ...
What to expect when I go to court3/8/2011
  Q: I talked to you back on Feb 23 about my 78 yr. old Mother who is blind and has Alzheimer's being ...
  A: Yes, take the paper work with you as well as proof of income and expences. As far as the plea, ...
Debt Collection Agency vs. Creditor / Possiblity of Suing3/8/2011
  Q: I obtained a cell phone with this company and had a two year contract. After a year, I added another ...
  A: I hope you kept your paperwork because the credit bureau can and will return the debt to the ...
Medical Collection3/7/2011
  Q: My daughter received a bill from the hospital. She owed $137.00, we made two payments of 10 dollars ...
  A: Unless there is a written payment agreement, the hospital is within it's right to ask for the ...
TXU-what can i do?3/5/2011
  Q: I received a letter from TXU stating that i owed them for a bill at an old address. The dates for ...
  A: The first thing to do is to write a letter to the 3 major credit reporting agencies explaining what ...
Rude debt collector?3/4/2011
  Q: I live in Alabama but went to school at the Art Institute of Atlanta in Atlanta, GA. I was there ...
  A: There is a collection agency called William and Fudge and there job is to collect the debt in full, ...
Pay Day Loan Collectiions3/3/2011
  Q: My Grandmother and my girlfriends Mom both received a message on their answering machine yesterday ...
  A: Since they are first party, they are not covered under the FDCPA. They should not have given out ...
Medical billing delays3/2/2011
  Q: My wife just received several bills from the Southcoast Hospital Group for medical services that ...
  A: Any statute of limitations beyond those set by your state would be in the contract between the ...
Medical billing delays3/2/2011
  Q: My wife just received several bills from the Southcoast Hospital Group for medical services that ...
  A: Have you contacted your insurance company to see if the provider billed them and if they did, why ...
MCM collections3/2/2011
  Q: I received a letter from MCM collections for a CIT bank account ive never had nor was aware of ...
  A: Collection agencies buy past due accounts from banks for pennies on the dollar. The best thing you ...
78 yr old Mom Being Sued by Collection Agency2/23/2011
  Q: My mother is 78 yrs old, is legally blind, and has Alzheimer's disease. About 2 weeks ago the ...
  A: Unless your mother owns property, it sounds as if she is judgment proof. None of her income can be ...
No Documentation2/22/2011
  Q: We need clarity on an issue in our medical office. When a patient has not signed a form with a ...
  A: The only thing I can think of at this point is complied consent. If the patient did not tell you to ...
No Documentation2/21/2011
  Q: We need clarity on an issue in our medical office. When a patient has not signed a form with a ...
  A: If you have an assignment of benefits on file, you should be able to contact the insurance company ...
Letter of Protection2/21/2011
  Q: I have requested a letter of protection from our patient's attorney, since his insurance company ...
  A: The best thing to do at this point is to contact the consumer and tell them what the attorney said ...
Help with a collection agency2/20/2011
  Q: I am hoping that you can give me some advice. I lost my job in December of 2009 and at that time my ...
  A: Simply write them and tell them that you will pay $2,000.00 to settle the account if they will ...
Phone Calls2/18/2011
  Q: I am a cosigner on a second mortgage and my ex is late on the payments frequently. I have repeatedly ...
  A: As cosigner, you can expect calls when the loan is past due. They are also attempting to collect the ...
Letter of Protection2/16/2011
  Q: I have requested a letter of protection from our patient's attorney, since his insurance company ...
  A: It sounds like the attorney talked you out of protecting yourself. I would take whatever steps ...
Debt collection calls2/14/2011
  Q: Yes i am 24 years old i have roughly 1500 dollars in debt 700 due to capital one. I have been ...
  A: Since you have not paid any payments, the account will be written off and sold to a recovery agency. ...
medical bills2/12/2011
  Q: I live in Texas. My employer sold to a corporation and everyone lost all their benefits, including ...
  A: You need to pressure the people that are making the decision on your medical assistance form for a ...
Collections2/12/2011
  Q: I am an Ohio resident and am trying to get information on a collections question. About a year and a ...
  A: First, look up Unifund CCR on Google and see who you are dealing with. You can open another ...
Unemployment garnishment?2/11/2011
  Q: Can unemployment wages be garnished in Georgia (Dekalb county) on a default judgment? Thanks in ...
  A: Please check out this website: http://www.answerbag.com/q_view/1953999. The answer there states: ...
Medical Billing2/8/2011
  Q: In december 2009 I had recieved my annual mammogram. Not once in 2010 did I receive a bill from the ...
  A: Yes they can and it could be caused by your insurance company. You need to contact this insurance ...
Medical Bills2/4/2011
  Q: I have medical bills that have gone to a money recovery service. I have been told by many people ...
  A: I could not find any law referencing a time limit or payment limit on medical bills. As far as I ...
No payment for child care2/1/2011
  Q: I provide child care out of my home and took on a client 4 months ago. This client was under state ...
  A: I do not feel it would be worth it under the circumstances to take her to court because she could ...
Attorney letter received for medical bills1/20/2011
  Q: I live in Florida. I rec'd a letter from an attorney (normal mail delivery), demanding payment for ...
  A: I wish I had a better answer than my first one but this sounds like it is court house bound. Call ...
Attorney letter received for medical bills1/19/2011
  Q: I live in Florida. I rec'd a letter from an attorney (normal mail delivery), demanding payment for ...
  A: I think you are going to need advise from an attorney on this question. If you make the argument as ...
TXU Energy Debt Collection1/18/2011
  Q: I subscribe to a credit monitoring service, last month I received a notice of activity on my ...
  A: Since you have disputed it with the credit bureaus, TXU will have to provide verification of the ...
Credit Card Authorized User1/14/2011
  Q: Until recently, I thought I was a joint card holder for a business credit card. In reality I have ...
  A: It looks like you have done everything you can to fulfill any moral obligation you may have had. ...
Medical Debt Disputed1/14/2011
  Q: I am a foreign student living in Virginia. I had an operation in a state hospital in January, 2010. ...
  A: You may need the advice of an attorney on this one. What I would do is call the Insurance ...
Statutue of Limitations Colorado1/13/2011
  Q: What is the statute of limitations on credit card debt in Colorado? Some people say it is 3 years ...
  A: You are correct. This is hard to understand but I am not an attorney either. I did work for a debt ...
Collecting a Judgement ?1/12/2011
  Q: As a landlord, I was issued a judgement by Magistrate Ct for approx. $2600 against a tenant for ...
  A: It appears you have run up against a judgement proof consumer. Unless he/she ownes real property ...
Acquiring Refund from Hospital1/12/2011
  Q: Is there a Georgia law limiting the time that you can acquire a refund of overpayment from a ...
  A: I am not sure about a time frame in this situation. I think it is 6 years however, if I were you I ...
Medical Bill payment plan was sent to collections because I was 3 weeks late.1/6/2011
  Q: I had arranged a six month payment plan with a radiology company. They are only available during ...
  A: Yes they can send your account to a collection agency at 3 weeks late. The thing for you to do now ...
collection agency1/1/2011
  Q: Chase bank (HELOC loan) charge off the loan after agreeing to a Short Sale w/SunTrust Mtg.(finalized ...
  A: You should be able to negotiate a settlement with out giving out your life's history but I am sure ...
A bill that went to collections that shouldn't have12/28/2010
  Q: I had insurence through this company. I called him to cancelled it on July 27th, 2010 and told him ...
  A: Unless you have a letter or voice recording of the conversation canceling you policy, you are at you ...
Credit Card Debt12/9/2010
  Q: My mother-in-law recently moved in with us. She has 20,000 dollars in credit card debt that she as ...
  A: Your mother-in-law is what I would call judgement proof. She owns nothing and SSI can not be ...
Just received a judgment12/8/2010
  Q: My husband just received a judgment in ...
  A: The statute of limitations in New York is 6 years. Unless you have been making payments or the ...
repeated calls at work12/7/2010
  Q: what if after telling a collection agency NOT to call work and they continue to call, what is my ...
  A: Short answer: sue them. A more reasonable course of action is to send them a letter telling them to ...
Never billed by doctor for over a year12/5/2010
  Q: I live in IL and was treated by a physician May 2009. I had insurance through my employer who ...
  A: I am afraid you are not going to like my answer. First I need to ask you a question, why did you ...
Freeze on bank account12/3/2010
  Q: I was out of work for 4 years but finally got a job. However I fell behind on payments to Discover ...
  A: I hate to start off an answer by telling you something you already know, but never allow a "law ...
medical collections11/21/2010
  Q: me and my husband owe our community hospital around 7000 they turned us into collections 3 years ago ...
  A: The best thing to do is to go to the hearing, see what they have to say and be prepared to show your ...
Collection account on CR after bill has been paid by health insurance11/18/2010
  Q: Collection account was posted today on my credit report for an amount for which was paid days ...
  A: Send the creditor a letter explaining that your intent was to get this item removed entirely and not ...
Collection account on CR after bill has been paid by health insurance11/13/2010
  Q: Collection account was posted today on my credit report for an amount for which was paid days ...
  A: Ask the original creditor to contact the collection agency and have them remove the item from your ...
Citibank not responding to requests regarding negative report10/30/2010
  Q: I was surprised back in July of 2010 when I found a negative report on my credit. I pride myself on ...
  A: You should dispute it but be aware, it becomes he said she said and you may end up paying it. I ...
Citibank not responding to requests regarding negative report10/29/2010
  Q: I was surprised back in July of 2010 when I found a negative report on my credit. I pride myself on ...
  A: Dispute the debt and ask for validation again. Copy the letters to the credit bureau, the attorney ...
Collection Agency Question10/27/2010
  Q: I recently set up payments with a collection agency on my prepaid debit card. On the date of the ...
  A: They have to send you the following letter: http://www.lawdog.com/states/ma/checks.htm. ...
Collection Agency Question10/27/2010
  Q: I recently set up payments with a collection agency on my prepaid debit card. On the date of the ...
  A: In most states, the bad check laws pretrain to checks for a purchase, not for a payment on an ...
Agreed to collection amount, now asking for more...10/27/2010
  Q: I was past due on annual maintenance fees for 1 of 2 timeshares in FL. The company had a collection ...
  A: Yes the should stick to the agreement made by the collection agency. Will they? It depends. Do you ...
Collections Threat10/26/2010
  Q: For the 2008 and 2009 year I kept my horses at a friend’s house. When the said friend offered to let ...
  A: I believe you are going to need and attorney's help with this one. I believe that before they can ...
Never received a medical bill now sent to collections10/16/2010
  Q: Late June threw early July my husband was in the hospital off in on. I have received 10 different ...
  A: Call the original creditor and explain what happened. Ask if they can retract the account and let ...
PayDay loans and collections10/12/2010
  Q: "I had lost my job back in May, and was in the process of obtaining a new one(which I recently ...
  A: First, I will state the obvious, you have let these bottom feeders get you into a mess. Call your ...
medical bills10/10/2010
  Q: We live in wyoming and back in january i had to go to the hospital and we cannot pay the bill which ...
  A: The best thing to do is call the hospital and work out some type of payment arrangements. If you ...
payday loan scam10/10/2010
  Q: In 2009 I was searching for online for payday loan lenders. This involved giving info such as name, ...
  A: Contact your lawyer, your State's Attorney General and Consumer Affairs. Get advice from your ...
3rd party disclosure10/7/2010
  Q: My sister's husband co-signed a school loan for my husband. Because the economy is what it is, my ...
  A: It is possible she was. You will need to know if the account is in 3rd party collections. Then ...
Statute of Limitations on Credit Card Debt10/6/2010
  Q: I just received a letter from Capital One regarding an alleged credit card debt they say I owe from ...
  A: The statute is 4 to 5 years. Thank you for your question. I rejected your last question in error. ...
payday loans collections10/2/2010
  Q: i unfortunately fell into the payday loan pitfall. it started out with one loan, paid off, and took ...
  A: They can not take any criminal action against you under Florida law. What payday loan company is ...
Statue of Limitations for Repo10/1/2010
  Q: What is the statue of limitations on a vehicle repo in the state of California?
  A: From everything I've read the statue of limitations on repossessions runs about 7 to 10 years in ...
debt mediation9/29/2010
  Q: I am attending a mediation tomorrow for a old medical debt and the company is trying to sue us in a ...
  A: Unfortunately, it is your responsibility to see to it that your insurance is filed. Who is taking ...
Medical bills9/29/2010
  Q: I was in the hospital earlier in the year coming home with around $75,000.00. My insurance paid ...
  A: I am afraid that unless you meet the hospitals terms, there is not much you can do to stop them from ...
Medical Billing9/22/2010
  Q: My husband had carpel tunnel surgery, trigger release done by an orthopaedic surgeon several months ...
  A: Does not sound like it should be but it is. I am sure that if you check your paperwork closely you ...
NEVER NOTIFIED OF MEDICAL BILL9/22/2010
  Q: How do I handled a medical bill that was sold to collect agency/lawyer office;I never received a ...
  A: Very little that I know of. They are going to tell you that you should have stayed in touch with ...
deductible fulfilled, still getting billed9/21/2010
  Q: A PA medical provider is billing us for the $500 deductible we would have owed them in 2008 and ...
  A: If your insurance company says you do not owe the money, have them send the hospital a letter ...
University Collections9/14/2010
  Q: Miller, I have an outstanding balance with a university and I have been making $25-$30 payments ...
  A: I would ask for a copy of the agreement you signed to see if you agreed to a collection fee. Mass ...
University Collections9/13/2010
  Q: Miller, I have an outstanding balance with a university and I have been making $25-$30 payments ...
  A: In order to add a collection fee, it must be stated in the original contract. Most states forbid ...
University Collections9/13/2010
  Q: Miller, I have an outstanding balance with a university and I have been making $25-$30 payments ...
  A: Please send a follow up telling me if this is a university debt or a federal student loan. Also, ...
Credit Validation9/11/2010
  Q: I am located in Colorado. I recently received a letter from an attorney representing P&B Capital ...
  A: It does not sound like they have sent you enough information. It also sounds like P&B Capitol is a ...
Balance from Grambling State University9/9/2010
  Q: I am being advised that I have a balance of $920 from Grambling State University from fall 1998. I ...
  A: A statute of limitations is a statute, or law, that restricts the period of time, after certain ...
Auto loan cant afford payments9/7/2010
  Q: My husbands income is way down, mine is down 20% we still make enough to pay the home, heat, lights, ...
  A: The best thing to do is to try to negotiate a repayment plan that you can afford. Next to doing ...
Medical Bill Debt9/6/2010
  Q: I had surgery in Panama City, FL. in April 2010. My insurance company paid their portion, the ...
  A: There is little you can do with out paying the bill or setting up a satisfactory payment ...
friend is using deceased moms credit cards9/4/2010
  Q: my Friend has been using her deceased mothers credit cards.. They other borther & sister cannot ...
  A: What she did is commit a crime, fraud. There could be jail time involved. The best thing for her ...
debts9/3/2010
  Q: I would like to know what recourse hospitals and/or collection agencies have on a disputed bill or ...
  A: If they have validated the debt, they have the same recourse they would have on an undisputed debt. ...
Osprey E.P Medical- Florida9/3/2010
  Q: I went to the ER a few months back and have since received notifications that the DR. who evaluated ...
  A: Short of making suitable payment arrangements with the Doctor or NCO, there is nothing you can do to ...
Sent to Collections But Not Me!9/2/2010
  Q: I was involved in an auto accident while travelling back in 2004 when I was seen in the emergency ...
  A: First of all, dispute the debt in writing with the collection agency. Second, file a fraud case ...
Medical Bill sent to Collections8/24/2010
  Q: ..I'm just looking into any options for our situation. We live in Ohio and my mother had surgery ...
  A: The best thing to do is to write a letter to the Director of the Business Office, copying the ...
credit card company harrassment8/24/2010
  Q: Daughter is 32 has been laid off several times the past two years and is behind in owing on credit ...
  A: Not that I know of. She could offer to settle the debt if she had some cash to make a lump sum ...
Florida Hospital Bill8/23/2010
  Q: I live in Canada and went to Florida on vacation. My husband ended up coming down with mono and ...
  A: Yes they can do all of the things you mention. I suspect it will show up on your credit in Canada ...
When customer is unaware of collections status8/20/2010
  Q: I recently called a plastic surgeon to get information on a new product, when I was shocked to find ...
  A: They can turn you over to collections without any notice. It is not the normal procedure, but they ...
Threats from old boss8/19/2010
  Q: Our old boss is threatening to send us to collections for royalties. We talked to a lawyer who ...
  A: Since you have resigned, you are not using the resources. Also, it seems to me that he would have ...
credit harassment8/19/2010
  Q: every time i get behind on my credit card bills capital one will call my parents and tell them i ...
  A: It does not sound like they have released any confidential information so they have not broken any ...
Threats from old boss8/19/2010
  Q: Our old boss is threatening to send us to collections for royalties. We talked to a lawyer who ...
  A: He will have to have proof of the debt and be able to validate it. If he does, dispute the debt ...
Statute of Limitations for credit cards in Pa8/17/2010
  Q: Mr. Miller, Does the last payment on a credit card start the default clock for the Statute of ...
  A: The statute of limitations starts from the date of last activity, which in this case would be the ...
Fair Credit Billing Act - To whom does it apply?8/13/2010
  Q: I have a situation where a billing error on the part of a company led them to send an amount not due ...
  A: As I understand your question, the FBCA applies to consumers such as yourself. The link you ...
violtions by debt coll attny?8/11/2010
  Q: I have idaho case coming to trial. For some time debt coll attny (jrmlaw.pro johnson mark, ...
  A: They must have this account marked as disputed if you have indeed disputed it. They are in violation ...
Sued over medical debt8/11/2010
  Q: Today I received a summons for a lawsuit over a medical bill. The bill is under $400 (plus the fees ...
  A: The court will not be interested in whether you can pay or not but only if you owe the bill. Your ...
Medical Bills8/9/2010
  Q: I live in South Carolina and have been paying on a hospital bill for a couple of years. I just ...
  A: If you do not have a written payment agreement, the hospital has the right to ask for increased ...
Random / Incorrect Colloection Efforts8/6/2010
  Q: My minor daughter just received a collection call at her summer job employers office from Calvary ...
  A: They got the number by using a tactic called skiptracing. It is sometimes hit or miss so mistakes ...
refund of medical payment8/3/2010
  Q: Is there any law in Oklahoma regarding how long a hospital has to refund a patient for overpayment ...
  A: Not that I know of. This would be left up to hospital policy. If I were you I would send a request ...
Proof of Debt & Harrassment8/2/2010
  Q: I reside in KY. One collection agency calls repeatedly. I actually did speak to them on a couple of ...
  A: Send the agency a letter demanding verification of the debt as well as disputing its validity. ...
credit question7/26/2010
  Q: when a private landlord in Arizona wins a money judgment against a tenant does the judgment ...
  A: There is no definite answer to this. Some of the CRAs pull this data from the court house so, if ...
Am I legally entitled to an itemized bill in CA?7/13/2010
  Q: I had multiple procedures at a dentist in CA. My first bill I received and paid in full. Over 1 year ...
  A: Yes you have a right to an itemized bill. You can probably get one from your insurance company ...
Debt Verification3/9/2009
  Q: I have been told that a debt collector, if asked by the alleged debtor must provide the original ...
  A: The easiest way is contact the FTC and the Attorney General in your state. I can promise you when ...
payday loan3/9/2009
  Q: i received a payday loan in set and had issues with my bank account and made them aware of it, they ...
  A: Sent a written demand for validation and dispute the debt. According to the FDCPA, they must send ...
Initial Communication3/7/2009
  Q: What happens when the collector mails the initial communication and it is returned to them by the ...
  A: If they are able to get your correct address, they should send you another "first" notice. Dispute ...
settle of default judgement3/7/2009
  Q: Is a settlement of a $1650.00 default judgement for $900.00 a good deal or should I have negociated ...
  A: At this point I would advise that you take the settlement and run. I doubt you can do much better ...
Emergency room bill went to collection > was never notified3/6/2009
  Q: Situation: Wife took our daughter to emergency room for care. We paid required $50 copay. We then ...
  A: If the collection agency has proof they tried to contact you, they can put the on your credit. The ...
rec. collection letter on an 18 year old credit card debt3/3/2009
  Q: Is there a statue of limitations on a credit card debt?This letter I received wants to settle a ...
  A: Send them a certified letter and explain that you know the stature of limitations has passed and you ...
COLLECTION AFTER 5 YEARS3/2/2009
  Q: I moved from Wisconsin to Arizona in March 2004. When I got to AZ I mailed my keys back to my ...
  A: The statute of limitations in WI is 6 years and items stay on your credit for 7 years from the date ...
Medical bill in collections3/1/2009
  Q: I have a medical bill that has gone to collections, and on further to a court hearing. I called the ...
  A: Send them the information they are asking for and explain that you income fluctuates and there may ...
paying a collection agency2/7/2009
  Q: I live in Colorado and have a debt that is being handled by a collection agency. The debt is valid ...
  A: The agency is not required to break the balance up into payments. Call or write them (so you will ...
med collections.2/6/2009
  Q: i have three medical collections in wyoming. one ER visit. tonsillectomy, and x rays. all are ...
  A: Rachael, No, the accounts will show open but paid with a zero balance which, looks much better to a ...
legal threats2/6/2009
  Q: I visited a dental office where the manager approved a courtesy discount of 50 if I scheduled with ...
  A: Belle, I hope you have some of this in writing because otherwise, it is he said, she said. Does ...
check by phone2/6/2009
  Q: A company wants collect on a debt and they are willing to settle for 1,232.25. My debt is about ...
  A: Melissa: It is with most agencies. Giving out your checking information is no more dangerous that ...
NC Statute of Limitations Apply?2/5/2009
  Q: I have been getting collection letters from numerous collection companies that apparently they pass ...
  A: Anne: The statute of limitations on debt in North Carolina limits the time you can be sued for a ...
debt validation2/5/2009
  Q: I live in WV. I pulled my credit report and noticed some entries on my report from west asset mgmt ...
  A: Valarie: They are correct but, playing hard ball. Dispute the debt and ask for validation. They ...
collection scam2/5/2009
  Q: I keep getting constant calls from a "collection agency" but I think it's a scam. Is it safe to give ...
  A: Jon I personally do not see anything wrong with giving the last 4 digits. There is nothing I know ...
Hospitals relationship with collection agency2/4/2009
  Q: I work for a hospital in Maryland, but my question is general. Under what conditions can a hospital ...
  A: This would be very hard to answer without the contract, but if these actions are going on, that ...
medical collections2/4/2009
  Q: Ray, My wife recieved a phone call from a collection agency stating that we owed around one hundred ...
  A: Ron, There are a couple of things I can think of to help you cure this matter. Send a letter to ...
S.O.L2/3/2009
  Q: I have been reading about the statute of limitations and I have found that many sites have told me ...
  A: As you said, the SOL prevents you from being sued. Something can stay on your credit for 7 years ...
med collections.2/2/2009
  Q: i have three medical collections in wyoming. one ER visit. tonsillectomy, and x rays. all are ...
  A: Yes, they can stay on your credit history for the full 7 years. My advice to you would be for you ...
OFFSET QUESTION?1/31/2009
  Q: I LIVE IN FLORIDA. MY TAXES ARE OFFSET BECAUSE OF A AAFES/DPP CREDIT CARD I HAD 10 YEARS AGO. IT HAS ...
  A: The statute of limitations on debt in Florida puts a time limit on the amount of time you can be ...
Hospitals dictating payment amounts1/30/2009
  Q: My local hospital is very unwilling to make payment arangements that I can afford to take care of my ...
  A: Yes they can. They provided services and in return expected to be paid. They can do what ever they ...
Handling debt..Possibly becoming debt free1/30/2009
  Q: Is it true that if I write a certain letter to debt collectors saying "I will not pay this bill and ...
  A: NO this is not true. You signed a contract and must honor the terms. This would be the same as ...
collections1/29/2009
  Q: I just found out pud of snohomish has me in collections for 449 dollars. I have not lived in ...
  A: The statute of limitations on debt in Washington limits the time you can be sued for a debt. Oral ...
all I want is the invoice1/28/2009
  Q: Shouldn't a collection agency be required to provide me with a copy of the invoice they are trying ...
  A: Lawrence: Yes they are required to send you verification and validation of the debt by the FDCPA ...
Bill at Collection not correct1/27/2009
  Q: I have just received a phone call from a "bill collector" regarding a bill that is not correct. I ...
  A: Larry: If this bill has been turned over to a collection agency, they are required, upon request, ...
a friend in need1/27/2009
  Q: I have a friend that suffered a stroke last february and is disabled. She has been making payments ...
  A: Peggy, have you tried the Attorney General? Web site: http://www.oag.state.va.us/ You could also ...
a friend in need1/24/2009
  Q: I have a friend that suffered a stroke last february and is disabled. She has been making payments ...
  A: And you are the friend, indeed. I wish I had definite answers for you on this but, I don't. I can ...
CREDIT CARD DEBT1/23/2009
  Q: CAN A CREDIT CARD COMPANY GARNISH YOUR WAGES?
  A: If they have a judgment, the state law allows garnishment, then yes they can garnish your wages. ...
FCRA1/23/2009
  Q: Back in 2004 I had disputed a unknown charge off on my CRA with the original creditor. The creditor ...
  A: Get notarized statements from your doctor and any public official you know stating that you are not ...
Capital One Attorney1/21/2009
  Q: I recd. a summons and complaint from an Attorney stating that they were collecting a debt for ...
  A: Do not stop paying. Instead, dispute the debt and demand validation, in writing. The FDCPA ...
Collection Complaint - Pennsylvania1/18/2009
  Q: My sister is physically disabled and her sole income is Social Security Diability benefits. Three ...
  A: I'm sorry--I many have misread the question. Yes, she needs to be there for several different ...
Collection Complaint - Pennsylvania1/18/2009
  Q: My sister is physically disabled and her sole income is Social Security Diability benefits. Three ...
  A: Yes!!! If no one shows up, then no testimony can be given on their part. The arbitration board ...
collections1/18/2009
  Q: My husband and I pay $10,000 a year in health insurance for us and our 2 children. It is now going ...
  A: Unfortunately and unfairly, yes they can. Your best bet is to sent the same information that you ...
Collection Complaint - Pennsylvania1/17/2009
  Q: My sister is physically disabled and her sole income is Social Security Diability benefits. Three ...
  A: According to my research, SSI can not be garnished to pay debts. Tell your sister to use the free ...
Collection Agency has not sent documentation1/13/2009
  Q: Back in October 2008 I signed up for freecreditreport.com in an attempt to find out my credit score. ...
  A: Dispute the bill along with the explanation with: Trans Union: http://www.transunion.com/ Equifax: ...
medical bills1/9/2009
  Q: My minor son had his teeth pulled dec06/jan07 I got a statement from the insurance company about ...
  A: F, You state that they put this on you but the insurance coverage is supplied by the father. Are ...
Fair collection1/8/2009
  Q: I was unable to pay an apartment complex the sum of 2,800 dollars after an eviction. It has been ...
  A: James, For the answer to this question, you will need to read the contract you signed when you ...
collections1/8/2009
  Q: When I was 18 in 1995 I co signed for a yamaha 4 wheeler for an ex boyfriend for about $5,000. I ...
  A: I am not trying to put you off, but in what state did you live when the 4 wheeler was purchased? I ...
Medical bills for visiting UK parents1/7/2009
  Q: My in-laws recently visited us in Texas from the UK (we are resident aliens). While staying with us ...
  A: "We did not sign or adopt any accountability for the hospital admission," is the most important ...
FDCPA Training1/7/2009
  Q: You mentioned in a previous answer that you offer training on FDCPA. I live in GA and wonder if ...
  A: Alan, I would be glad to discuss this with you on my dime if you would not mind giving me your phone ...
student loan debt collections1/7/2009
  Q: Prior to making all of these payments (many of them medical bills)I went for a period of time where ...
  A: You may want to check this website concerning the profanity: ...
Collector able to determine balance in my checking account.1/6/2009
  Q: I have been working with a payday loan company in Ohio re: a default payment I owe. I do owe the ...
  A: Number one: CLOSE THIS BANK ACCOUNT. It sounds as if someone has a "friend" working there. Number ...
Medical bills to collection agencies1/5/2009
  Q: I live in Colorado. I received a bill from the pulmonary specialist and when I called the number on ...
  A: This is very likely true. Being the non trusting type that I am, I would want something in writing ...
medical bills1/3/2009
  Q: I have unpaid medical bills and I have just recieved notice that they will be garnishing my income ...
  A: The best answer of course is to pay the bills. If I were you and could not afford to pay the bills, ...
Statue of limitations on credit card debt1/2/2009
  Q: I have a old credit card debt where the statue of limitations has run out. We have never been ...
  A: Use this law from Louisiana: Art. 3494. Actions subject to a three-year prescription The ...
Sent to Collection without Notice1/2/2009
  Q: My husband has a gym membership in Ohio. When we joined bank accounts in October 08, he called and ...
  A: It should not be but it is. This should be easy to fix if the collection agency and the gym want ...
Old debt question trying to collect...12/31/2008
  Q: Long story hopefully short. I have this all written down at home, everything that happened, so ...
  A: Here is what I suggest: Dispute the debt, report the attorney to your states Bar Association, the ...
Here I go again?12/31/2008
  Q: I was sued by a JDB for a debt that wasn't mine and I won the lawsuit. I disputed with the Credit ...
  A: You are correct in your assumption that the court case should have stopped this nonsense. Send the ...
judgement12/30/2008
  Q: I have a company Asset Acceptance that got a judgement against me ,. i never been able to get them ...
  A: Wow. I need a little more time to answer this one. Please send a followup tomorrow so I can ...
statue of limitations12/30/2008
  Q: I live in Florida and had cable with a local company here at several different apartments. I just ...
  A: Please send me a follow up question tomorrow so I can have all day to research. This is a great ...
debt12/30/2008
  Q: I have a terminal disease. I owe thousands on credit cards. I have only a few hundred dollars ...
  A: I have never advised anyone not to pay their bills and I am not going to start now. Than being ...
re: garnishment12/30/2008
  Q: My father just turned 66 and is unable to work anymore he receives a civil service retirement and a ...
  A: This one is going to take a little time to research properly. Please send me a follow up question ...
auto loan12/29/2008
  Q: My ex husband and I had an auto loan in 97. I was the primary on the loan. He signed second. We got ...
  A: Texas Statutes of Limitation The Texas Civil Practice & Remedies Code provides a 4-year ...
Collection law12/29/2008
  Q: Is there any way to ask to a judge to postpone a court date sent by summons?
  A: Yes. Simply send a letter to the court, certified, with your case number and explain your need to ...
Collection accounts12/28/2008
  Q: My ? is that I had service with T-Mobil Wireless over three years ago.In the state of Arizona.I ...
  A: The SOL only means that three years from the date of delinquency, the creditor is barred from taking ...
Collection accounts12/28/2008
  Q: My ? is that I had service with T-Mobil Wireless over three years ago.In the state of Arizona.I ...
  A: The SOL laws in AZ are as follows (as of today): Injury to Person False imprisonment; 1 yr. §12-541; ...
Collection accounts12/28/2008
  Q: My ? is that I had service with T-Mobil Wireless over three years ago.In the state of Arizona.I ...
  A: Unfortunately, when you move to a new area, most wireless companies will sign you to a new contract ...
auto loan12/27/2008
  Q: My ex husband and I had an auto loan in 97. I was the primary on the loan. He signed second. We got ...
  A: I am sorry. I thought I had already sent information on this one but find that I have not. Please ...
Hospital collection threat12/24/2008
  Q: A hospital in VA has been accepting monthly payments and today threatened collection (by the way the ...
  A: Please understand that I am not an attorney, but if you have faithfully paid $150.00 per month, ...
Past Credit Card Debt12/20/2008
  Q: Miller: Collection Problems: Below I've retyped the letter word-for-word that I received from a ...
  A: I think I speak for every volunteer here when I say you are welcome for our help. I will have a for ...
Capital One Collection12/17/2008
  Q: My wife opened a credit account before we were married. I was unaware of this account. She ...
  A: Mike I am sorry, but you will need an attorney for this. Have your attorney file for an extension ...
Harassing Calls from C G Services12/16/2008
  Q: My grandmama is receiving continuous calls from a collections agency by the name of C G Services ...
  A: Amesia: You are certainly welcome in advance. This collection agency is breaking the law and ...
Credit card debt12/16/2008
  Q: Can I be sued over an unpaid credit card bill? Capital One has already written the debt off as ...
  A: Dianne, Unfortunately, you can be sued for a credit card debt. Will they? It depends on the size ...
Unpaid medical bills SOL12/16/2008
  Q: My husband and I recently purchased a house. When our credit report was run, we noticed that there ...
  A: I tried to research this and came up with 3 to 6 years for the SOL. Your best bet is to ask for ...
pay day loan collection question12/15/2008
  Q: Is there a law for Pay Day loan companies to not call a customer after a certain time at nite or any ...
  A: Patricia, I hate these vultures and advise you get as far away from them as soon as you are able. ...
Water company12/15/2008
  Q: Recently i have acquired my mothers home, yet the utilities bills are still in her name, she had ...
  A: They should be reported because one's privacy is important and the clerk should know better. By ...
Insurance Pending - still sending me to collections12/15/2008
  Q: I had my wisdom teeth pulled in July 2008. I paid my estimated portion (around $350) up front. I ...
  A: I am sorry to tell you that the only ones that can set up a minimum payment would be the Dentist ...
Water company12/13/2008
  Q: Recently i have acquired my mothers home, yet the utilities bills are still in her name, she had ...
  A: I am so sorry and am not at the same time; I misread the question and apologize. This certainly is a ...
19 year old credit card debt12/13/2008
  Q: A credit card I had between 1978-1989 and was included in bankruptcy I filed in 1990 Capitol One is ...
  A: Unless this bill has been reduced to a judgment, the statute of limitations has ran out. Report ...
Water company12/12/2008
  Q: Recently i have acquired my mothers home, yet the utilities bills are still in her name, she had ...
  A: Since it appears you are the executrix of the estate, no this would not be 3rd party nor a HIPAA ...
Creditor died12/12/2008
  Q: I was sued back in 1997 or 1998 i never went and a judgement was issued he tried to re affirm the ...
  A: Yes you do have options. Demand that the collection attorney validate this debt and send you all of ...
Capital One Collection12/12/2008
  Q: My wife opened a credit account before we were married. I was unaware of this account. She ...
  A: This is a tough one. I can not find these court cases and believe me, I tried. Dispute with Cap ...
medical debt12/10/2008
  Q: I live in Michigan. My husband and I are divorced and we have joint physical and legal custody of ...
  A: My thoughts are that you are both equally and separately responsibility for the medical debts for ...
medical debt12/10/2008
  Q: My ex-husband took our daughter to the hospital and was unable to pay the bill. Then I started ...
  A: If you live in a state that has the statute of necessaries, you and your husband are equally and ...
Collection Agency Calling Family Members12/9/2008
  Q: I'm wondering if it's a violation of the FDCPA if a collection agency calls a third party (my ...
  A: Write the collection agency and tell them not to call any other number than yours. Then if they ...
Surprise collection notice12/9/2008
  Q: I was handed a collection notice for my son by his mother (never married, she has primary custody). ...
  A: Dispute the debt with the collection agency. Call your Divorce Attorney and ask him/her if you are ...
Medical Debt12/8/2008
  Q: I have outstanding medical bills in the state of Ohio. Is there a statute of limitations for ...
  A: Sam: XII. Statute of Limitations for Civil Actions An action upon a contract not in writing, ...
Medical & Utility Collections!!12/7/2008
  Q: first than you for taking the time to read this.I have 2 questions.First my husband & I had our ...
  A: These are hard questions. I can not say as to what a collection agency will do about payments on a ...
The Key Factors about FDCPA12/6/2008
  Q: What are the key factors a collector should know or remember about FDCPA? ANSWER: Jamie, There are ...
  A: The FDCPA is a fairly complicated regulation but, here are some key points: 1. You can not contact ...
The Key Factors about FDCPA12/5/2008
  Q: What are the key factors a collector should know or remember about FDCPA?
  A: Jamie, There are many--do you want them all or do you have a specific area you need info on? To ...
Credit Card Debt12/4/2008
  Q: My husband has a large amount of credit card debt and stopped making payments about a year ago. ...
  A: Unfortunately, all the judge is going to ask is, "Do you owe the money?" Have you offered the ...
possible lien and or wage garnishment????12/4/2008
  Q: My husband received one letter from a collection agency stating that he owes monies from a dental ...
  A: Miranda, In order to give you real good advice, I would have to see the paperwork that you signed ...
medical collections12/3/2008
  Q: My son owes $1000 to OU Medical Center, (a teaching hospital)in Oklahoma from 2006. When he ...
  A: I am afraid they are correct. You can verify this with the Oklahoma Attorney General's office. I ...
payments12/3/2008
  Q: i have offered to make payments to a creditor, but they state they need half of the payment or they ...
  A: Unfortunately, you have very few options. If they will not agree to smaller payments and your ...
Power of Attorney12/3/2008
  Q: If I am working with a debt consolidation company and I have signed a power of attorney. Are the ...
  A: Not necessary. Unless you are represented by an actual licensed attorney, the collectors can not, by ...
Time Limit for Medical Billing?11/7/2008
  Q: Are medical providers held to a time limit for submitting claims to an insurance company? I am ...
  A: Sue, I am sorry it has taken so long to get back to you, my computer is in process of dying and I ...
medical bill11/6/2008
  Q: i have a medical bill due to a hospital bill due in the state of Florida. i recently moved to ...
  A: Theresa, I am sorry it took so long for me to get back with you. My home computer is in the ...
removing a fraudulent report11/5/2008
  Q: I currently have on my report a credit card that was charged off and I will soon be filing ...
  A: Beverly, The first thing your husband wants to do is dispute this item with the credit reporting ...
Medical Bill related unethical behavior11/5/2008
  Q: I don't know whether the whole affair is illegal or not but it is certainly unethical. On March ...
  A: Saasha, I found the following regarding recording calls in Massachusetts: From the Massachusetts ...
medical bill11/4/2008
  Q: the collection agency refuses to work with me...they have attached my check..and are now trying to ...
  A: Your best bet at this point would be to check with your states Department of Consumer Affairs and ...
Judgment/Write-off10/29/2008
  Q: I co-signed on a car with my son 5 years ago. He ended up letting Ford Motor Credit repo the car. I ...
  A: Check with the people to whom you are making the payments and ask for an accounting of the sale of ...
re: FDCPA collections on harrassment10/29/2008
  Q: I am a collector located here in Philippines. Our company is an outsource from one of the biggest ...
  A: I train the FDCPA here at our agency and I have never read or heard of a limit of times you can let ...
CO Signer10/28/2008
  Q: I co signed for a motorcycle in 2005 in 2006 called customer service, seeing how i wasn't the ...
  A: Tracy, If the account was indeed closed as you were told, your responsibility as cosigner ended at ...
Small claims suit ---Answer10/24/2008
  Q: I had to file a small claims damage suit against a tenant I had to evict. Under Texas rules of civil ...
  A: Long answer short, yes. The person that filed the erroneous answer may even be held in contempt of ...
Business Credit Lines10/22/2008
  Q: Someone told me that the FDCPA doens't apply for business line of credit. Is that true? What are the ...
  A: Marcelo, Business to business collections are not covered under the FDCPA because the FDCPA was ...
Emergency Room Costs10/22/2008
  Q: I was told by the Finance Department at my local Hospital that the Emergency Room Staff are ...
  A: I do not know of a law preventing the ER staff from telling you costs. I would think that Hospital ...
When to pay deceased credit cards?10/21/2008
  Q: We are in Ohio and our mother died in March 2008 and an attorney is helping us with the estate. ...
  A: Ber, In this case, I must defer to your attorney. Be sure to get and keep everything in writing ...
1099c10/21/2008
  Q: Please tell me if a collection company/agency can send a 1099c to me, for a debt they have not ...
  A: Joy, They can but, you need to dispute this, in writing, to the collection agency, the credit ...
fdcpa10/18/2008
  Q: i have a question regarding fdcpa and statue of limitations. i had a car repossesed in 1994. the ...
  A: Twila, I would recommend that you contact the Department of Consumer Affairs and report this ...
garnishment10/17/2008
  Q: how can you go about getting a garnishment reduced? i live in missouri, and the garnishment was ...
  A: Lisa, I can try to help. You will need to appeal with the court ordering the judgment and prove to ...
Used car loan10/16/2008
  Q: I put $2000 down on a used car yesterday and they say I sign a P&S agreement. I don't have any such ...
  A: Priscilla, This is called the right to resend. In order to help you with this, I need to know what ...
Wrong number!10/15/2008
  Q: I keep getting calls from a company called ER Solutions. They call just this side of legal time in ...
  A: Stay on them until you get in touch with some one. Go ahead and file your complaint with the FTC ...
medical bills collections10/15/2008
  Q: I have been paying 100 dollars a month on my medical bill. When I got the bill it was 600 and ...
  A: Todd, I am afraid that you are not going to like my answer but, it's all I have. The medical ...
Money loans privacy laws10/14/2008
  Q: Nevada My parents went to a "quick pay" loan type place, and filed for a loan. My mother said that ...
  A: Lindsey, This is going to take a little work but, it will be worth it to get the calls stopped. ...
breach of contract9/27/2008
  Q: they made me sign a contract for 2 years,after serving 1year I had to relocate so I resigned, whilst ...
  A: Please remember that I am not an attorney but, you seem to need legal advise. You need to read the ...
Collection Process in Ohio9/27/2008
  Q: I live in Ohio, and had an unexpected medical event happen to me in February (unable to walk) where ...
  A: First of all, try the charity route again. The worst thing they can do is say no. Most medical ...
Collection Process in Ohio9/26/2008
  Q: I live in Ohio, and had an unexpected medical event happen to me in February (unable to walk) where ...
  A: Adam, I am very sorry to hear of your circumstances. I, as most, do not recommend bankruptcy. In ...
Removal from credit report strategy...9/26/2008
  Q: So two irresponsible friends and I leased a home, 3 on one lease, the home suffered damages from a ...
  A: A general attorney should be able to help you with this. The Credit Reporting Agency, I believe is ...
I am being sued for FDCP violation9/26/2008
  Q: I am a debt collector for over 25 years. I am being threatened with a lawsuit for violating the ...
  A: Please remember, I am NOT an attorney and can not give legal advice. I can advise you to seek legal ...
hi9/25/2008
  Q: are safe deposit boxes seizable? does one have to give their ssn to obtain one? which creditors ...
  A: Most of these questions can be answered by a brochure at the bank which you are considering getting ...
collections letter received, never notified of money owed9/25/2008
  Q: I recently received a letter from a collections agency. The letter arrived at my parent's house. I ...
  A: Carrie: From what I can find out, as long as the original creditor owns the debt, they can place it ...
wage garnishments9/23/2008
  Q: I work for a small company and my wages are currently being garnished. About the time the judgement ...
  A: I would think you would be OK because it is an LLC but, to make sure, please check with someone who ...
collections letter received, never notified of money owed9/22/2008
  Q: I recently received a letter from a collections agency. The letter arrived at my parent's house. I ...
  A: Carrie: Just an update. I have researched your question every way I know how and have been unable ...
collections letter received, never notified of money owed9/22/2008
  Q: I recently received a letter from a collections agency. The letter arrived at my parent's house. I ...
  A: They certainly should at least make the effort. Please tell me state in which you live and how old ...
legal judgement9/21/2008
  Q: Citibank got a legal judgment against me in 2004 for credit card debt. When I just called them they ...
  A: I am sorry, I have been ill and had to go to the doctor Friday. These questions need a response so, ...
Collections9/21/2008
  Q: I had a secured loan with a company and the loan has been charged off and now a collection agency ...
  A: If you do not have a written agreement with the collection agency, they are not obligated to accept ...
Debt Collection9/20/2008
  Q: I am being sued for the same debt twice. It turns out the debt was sold multiple times and now ...
  A: Send a letter to both parties trying to collect the debt and demand validation on the debts and ...
billing laws9/20/2008
  Q: I am divorced, my ex-wife has custody, i carry the insurance policy on my daughter. My wife take my ...
  A: You need to contact your divorce attorney. If the divorce decree says you pay the insurance and she ...
Collections9/20/2008
  Q: I had a secured loan with a company and the loan has been charged off and now a collection agency ...
  A: File a complaint to the FTC (http://www.ftc.gov/) and file a complaint containing all of the above ...
legal judgement9/19/2008
  Q: Citibank got a legal judgment against me in 2004 for credit card debt. When I just called them they ...
  A: I have to assume that this means they have sold the debt to NCO. I have heard a lot of negative ...
13 year old alleged debt9/19/2008
  Q: a debt collector started to call me and say that i owe 48.00 from 1995. i still go to the same ...
  A: I would suggest to them that the statute of limitations has passed and since neither of you are ...
Collection Proof9/18/2008
  Q: What exactly does collection proof mean? If I'm determined to be collection proof does the debt ...
  A: Collection proof is similar to judgment proof and garnishment proof. They all mean that if you were ...
Help Needed Quickly9/18/2008
  Q: I am being sued for a collection account that is not mine. I had it validated with Experian and as ...
  A: Send dispute and validation letters to both collectors and to the company which originated the ...
Judgement9/17/2008
  Q: After going through a rough spot, I have been working very hard to re-establish my credit. I have ...
  A: If I were you, I would try to settle this matter myself. An attorney can not do anything you can't ...
Help Needed Quickly9/17/2008
  Q: I am being sued for a collection account that is not mine. I had it validated with Experian and as ...
  A: Dispute the debt with the attorney firm and demand validation of the debt. Sooner or later they are ...
Warrant in Debt9/16/2008
  Q: I reside in VA and i was served a warrant for cc debt. The law firm that is suing me has never ...
  A: DISPUTE THE DEBT and demand that they validate the debt with a copy of all of the paperwork they ...
credit card lawsuit9/16/2008
  Q: I have been sued by a credit card company in CALIFORNIA, for a debt that is over 4 yrs old. Do I ...
  A: Yes you can answer this and you should be able to get free professional help. First, let me ask, ...
credit card lawsuit9/15/2008
  Q: I have been sued by a credit card company in CALIFORNIA, for a debt that is over 4 yrs old. Do I ...
  A: Yes and yes, IF the charge off date is four years or less. If it is more than fours years, the ...
grace period on payday loans9/15/2008
  Q: on my payday loan contrat it clearly states that 'Any payment not paid in full on or before the 10th ...
  A: The way I understand the way this works, they want you to keep indebted to them by refinancing the ...
Defaulting on credit card debt9/15/2008
  Q: Greetings, I just found out that my Mom, widowed & age 68, has incurred close to $35,000 in credit ...
  A: First, you will not have to take over the debt. Her estate will be hit with the bill after final ...
Credit Card Default9/15/2008
  Q: I have a Bank of America credit card in default. It had a limit of $2000 and I charged around ...
  A: I do not know if they will wait until February for the payment; that will be something you will have ...
debt collection9/14/2008
  Q: About 5.5 years ago, I defaulted on an MBNA credit card. I was later contacted by a collection ...
  A: Send the letter to the collectors and copies of the letters you send to the agencies, along with it. ...
civil action for credit card debt9/13/2008
  Q: I received a civil action hearing notice for a credit card debt. I believe the original debt may be ...
  A: I would offer the settlement to them and they should accept it but, before I sent a dime, I would ...
debt collection9/12/2008
  Q: About 5.5 years ago, I defaulted on an MBNA credit card. I was later contacted by a collection ...
  A: Send the letter, as you stated above, demanding validation and dispute the debt. Send the letter ...
Payroll Loan9/11/2008
  Q: I have a payroll loan that I defaulted on and I am pretty sure the company is another company. They ...
  A: To the best of my knowledge, no one can have you locked up for not paying a bill. You do not say ...
Two Collections Agencies claiming same debt9/10/2008
  Q: I entered into a payment agreement with Collection Agency A. One week after making my first payment ...
  A: Write both collection agencies and the original creditor, by certified mail, and demand that they ...
harrassment9/10/2008
  Q: Mr.Miller;I have many debt collectors calling me.I am disabled and on s.s.disibility only.I have no ...
  A: That has so many factors involved in the decision to attach assets, I could not begin to guess. The ...
Cash Advance collections9/9/2008
  Q: We live in Florida . . . My mom took out a cash advance online and now they are threatening to file ...
  A: She is going to need legal help with getting help with the charges that have been paid by her bank. ...
Student Loans9/9/2008
  Q: #1 I owe student loans in the US, but I now live in Canada. I have no US property, investments, or ...
  A: I am sorry, I can not help with the student loans. With this, you will need advice from an ...
Car Loan9/9/2008
  Q: I have a Ford Explorer in my name that I offered to my son to take over payments. The agreement was ...
  A: To the best of my knowledge, as long as the title is still in your name, it is still your car. With ...
volunteer surrender a vehicle9/9/2008
  Q: How does a volunteer surrender of a vehicle affect your credit?
  A: It is almost as bad as the "real thing." It does look to most prospective lenders, in the future, ...
Judgment9/8/2008
  Q: I have a judgement and there was an agreement to settle for $900 in 3 installments. The last ...
  A: I am sorry, but the only help I can be to you is to suggest that you get an attorney and protect ...
Harassment9/8/2008
  Q: Miller, I am concerned that I am being Harassed by a debt collector. They said theyhave a award ...
  A: If you were there to have your case heard by a judge, she had NO business discussing this outside of ...
Waiting for CA to respond to DV letter - Will they sue me?9/7/2008
  Q: Recently I received a standard collection letter from Tate & Kirlin Associates regarding an ...
  A: You should try to stay out of court as long as you can but, do no ignore this. Being from SC ...
Plaintiff's motion for summary final Judgement9/7/2008
  Q: In Oct 06, I received a summons from Palisades Collection Agency. from what I recall we went to a ...
  A: Yes, you can file for a dismissal. To make it even better, request validation AND dispute this debt ...
How do I answer a summons?9/7/2008
  Q: My husband was served a summons for unpaid debt on Monday September 1st. I understand I need to ...
  A: Good, then my original advice stands. Contact the Clerk of Courts office and let them guide you in ...
Credit card Debt from deceased Spouse9/7/2008
  Q: I live in Florida and my wife passed away recently. She had a credit card that only had her name on ...
  A: First, let me offer my condolences for the loss of your wife. I am pretty sure you can not be held ...
Credit Card cancled payments9/7/2008
  Q: I set up payments on a credit card and had a confirmation number. Four hours later a supervisor ...
  A: I am afraid I have never heard of this type situation. I would send the company that purchased the ...
amex debt/ hearing for summary judgement9/6/2008
  Q: I have $60,000 in amex cards(2) debt. Obtaining many debts prior to my divorce. we owned a company ...
  A: Certainly you can. Send a certified letter explaining exactly what is going on with your side of ...
False Collection Record on Credit Report9/6/2008
  Q: Mr. Miller I have had perfect credit my entire life. I have never been late for payments on any ...
  A: It sounds like you may be the victim of a minor identify theft and as such, you should report this ...
Capital One - Suing me9/5/2008
  Q: I live in Michigan and someone just tried to serve me this morning -- I wasn't at home but at work. ...
  A: According to the FDCPA, a collection agency has to respond to a request for verification of a debt ...
harrassment9/5/2008
  Q: Mr.Miller;I have many debt collectors calling me.I am disabled and on s.s.disibility only.I have no ...
  A: One letter per account. One shot, one kill but you will have to send a letter on any new accounts ...
How do I answer a summons?9/5/2008
  Q: My husband was served a summons for unpaid debt on Monday September 1st. I understand I need to ...
  A: You did not tell me what type of debt this was nor where you live but, you may need an attorney to ...
summons from a collection agency/law firm9/4/2008
  Q: I recieved a summons for credit card debt in new york state. It gave no court date to appear just ...
  A: No problem. Send a letter to the court addressing all pertinent information and explain your side ...
Collection Agency9/4/2008
  Q: I am trying to pay off an account with Nationwide Credit, Inc. I called them today to see if they ...
  A: Send the collection agency a letter disputing the debt and asking for validation. Do not let ...
amex debt/ hearing for summary judgement9/4/2008
  Q: I have $60,000 in amex cards(2) debt. Obtaining many debts prior to my divorce. we owned a company ...
  A: Short of bankruptcy, I do not know what to tell you. I certainly would seek the advice of an ...
summons from a collection agency/law firm9/4/2008
  Q: I recieved a summons for credit card debt in new york state. It gave no court date to appear just ...
  A: Yes--If it had no date on it, how would you know how long you had to respond and without it being ...
summons from a collection agency/law firm9/4/2008
  Q: I recieved a summons for credit card debt in new york state. It gave no court date to appear just ...
  A: You need to send both of these "attorneys" a certified letter disputing the debt and asking for ...
Car finance9/3/2008
  Q: I financed a car a few years ago while I was in college. I have about 1 year left to pay it off. The ...
  A: There is no way that I know of to "turn a car in" and keep a repossession from showing on your ...
Unathourized ACH9/3/2008
  Q: We have an account with Wachoivia Dealer services. We have always paid them by check, never ...
  A: Contact Wachovia Dealer Services and Wachovia Bank, by certified mail, and insist they reimburse the ...
A Deceased Spouses Credit Debt9/3/2008
  Q: My mother died in December 2007, leaving three credit cards, all in collections, for a total of ...
  A: He needs to send cease and desist letters to the collection agencies and/or collectors and also ...
Bill Collection9/3/2008
  Q: I received a letter from CMS today saying i owe them for a Citifinancial bill of $3785.93. So i ...
  A: Send them a certified letter requesting verification of this debt and dispute the fact that you owe ...
Answer filed in response to debt suit, what now?9/2/2008
  Q: I've filed an answer in response to a suit on an old debt. In CT - the SOL is 6 years. The suit ...
  A: Absolutely move for a dismissal. Even if the court does not grant it, they will have to tell you ...
Child's Medical Bill9/2/2008
  Q: I reside in New York. I hope you can guide me in the right direction. In December. 2005, while ...
  A: If "state provided" means medicaid, then the hospital should be able to contact Florida Medicaid and ...
harrassment9/1/2008
  Q: Mr.Miller;I have many debt collectors calling me.I am disabled and on s.s.disibility only.I have no ...
  A: Bobby: According to the FDCPA, any action taken by a debt collector to make a consumer feel ...
What if a collection refuse to answer8/31/2008
  Q: What if a collection agencey refuse to answer a letter you sent asking to verify the dept. What can ...
  A: If the collection agency does not answer the credit reporting agencies with in 30 days, the item is ...
Im completely condfused and need help regarding the FDCPA8/30/2008
  Q: need help bad. I opened a credit card with advanta bank 3 under my name . It was a card they would ...
  A: Unfortunately, the FDCPA does not regulate this type of transaction. I still want to try to help in ...
Minor8/30/2008
  Q: My name is Adrian, and I live in Oregon. About 6-7 months ago, I received a credit card application ...
  A: Adrian, I want to be able to help you with this but, I need a little more information such as: ...
Paying off a Judgement8/29/2008
  Q: I wish to pay off a public records judgement from the state of OH (live in NY now) from 2002. The ...
  A: You are right to be cautious. You appear to want to do the right thing but, I do not want you to be ...
We asked the Collections agency to stop drafting our bank account8/29/2008
  Q: At the end of July, my husband called GC Services LP to let them know that he has no more money to ...
  A: Send a certified letter to GC Services, by certified mail, demanding that they stop drafting your ...
repossession8/29/2008
  Q: We have fallen behind on loan payments due to our hours at work being cut back, but we were ...
  A: I am going to make some assumptions so, please correct me if I am wrong. Assumption 1: The ...
What if a collection refuse to answer8/28/2008
  Q: What if a collection agencey refuse to answer a letter you sent asking to verify the dept. What can ...
  A: Send a certified letter to the collection agency disputing the debt and asking for verification. ...
Debt8/28/2008
  Q: Mr Miller, I have a question reguarding my debt and debt collections. I have been told many ...
  A: You should definitely pay your debts. Call the collection agencies and offer to settle the bills in ...
Credit Card8/28/2008
  Q: I stopped paying my Credit Card dues 2 yrs back (State bank of India), the credit limit was 26000 ...
  A: I would not worry about your parents being involved unless they signed for you to get the card or ...
t mobile fee8/27/2008
  Q: I had t-mobile for a while, well beyond the 2 year period. I initially had (4+ years)a smart access ...
  A: First of all, escalate this above the local level. Try this web site: ...
Collection rights8/27/2008
  Q: I have about 1,800 in medical bills that have been in a collection agency for a while now. I have ...
  A: The part that really upsets me is when the clerk laughed at your offer of $20 per month. That was ...
Collection Agency Calls8/26/2008
  Q: For over a year, I have been getting phone calls from credit agencies (either 866 number or UNKNOWN ...
  A: This is a tough spot "Tanisha" has put you in. As long as she keeps giving out your number, there ...
Mom responable for deceased husbands debts8/26/2008
  Q: I'm hoping someone can help me, help my mom. My stepdad just passed away from a recurring cancer and ...
  A: This is a tough situation and you may want to consult an attorney. If your mother is going to have ...
Unifund CCR8/26/2008
  Q: I just received a summons from Unifund CCR and I don't know what to do. I am working with a credit ...
  A: I would need to know in which state you reside to give goon information on the SOL. If you do ...
removing name from a credit card8/25/2008
  Q: I am in the process of a divorce. My "ex" has 3 gas cards charged to the max. I am listed on a ...
  A: I am married but have a credit card that is in my name only, which I have recently defaulted on. ...
Collection Agency Acknowledgement8/25/2008
  Q: I received a voice mail from a collection agency.I have not spoken to them and know that this is in ...
  A: I am afraid they can. An overpayment can be look upon as monies that are due the insurance company ...
hoa attorney Fair Debt Collection Practices Act8/24/2008
  Q: Are homeowner association attorneys required to comply with the Federal Debt Collection Practices ...
  A: That does not sound right and you may need to contact an attorney to help protect your rights. ...
Dentist Bill8/22/2008
  Q: I had dental work done in 2007 and the part that my insurance did not cover, my dentist said I could ...
  A: Yes, they can send it to a collection agency at anytime they want unless you have a signed contract ...
hoa attorney Fair Debt Collection Practices Act8/22/2008
  Q: Are homeowner association attorneys required to comply with the Federal Debt Collection Practices ...
  A: Please check the following web site: ...
Payment of contract debt8/22/2008
  Q: I am my father's power of attorney. He was receiving home health care from an agency. He was unable ...
  A: You should go to the court date and explain to the judge that you disagree with the amount being ...
collection call about a four year old debt8/22/2008
  Q: I received a collections call this evening. The creditor is American Medical Response. This debt is ...
  A: Good afternoon: First, you need to contact your health insurance carrier and see what, in anything, ...
Florida small claim but live in NY8/22/2008
  Q: Miller- I received a summons to appear in court in Florida for small claims ($1095). But I live in ...
  A: You should definitely contact the attorney and the court. There is a good chance they will try to ...
removing name from a credit card8/21/2008
  Q: I am in the process of a divorce. My "ex" has 3 gas cards charged to the max. I am listed on a ...
  A: Dispute these items on your credit history and send a letter to them as well as the card grantors ...
Help8/21/2008
  Q: have Williams and Fudge on my tail telling me I owe Cadek Conservatory (a University music ...
  A: To the best of my knowledge, you must be 18 years of age to enter into a contract in any state in ...
Help8/21/2008
  Q: have Williams and Fudge on my tail telling me I owe Cadek Conservatory (a University music ...
  A: OK--Please let me know what state in which you reside so I can do further research. Age does matter ...
collection call about a four year old debt8/21/2008
  Q: I received a collections call this evening. The creditor is American Medical Response. This debt is ...
  A: I am sure I can help you with this but, I need to know what state you live in now and when the ...
defaulted payday loan8/20/2008
  Q: my husband had a payday loan that he defaulted on in april in florida we have since moved to new ...
  A: I have researched this and advise that you check this web site: ...
AMEX Debt Collection Atty8/20/2008
  Q: I live in Arizona. In May 2008 I was contacted by a Debt Collection Atty for AMEX. I received a ...
  A: Winning favor with the court is almost and impossibility. Send the letter asking for validation and ...
bad check8/20/2008
  Q: I say this is in the state of PA. I recently had several checks out wich in not uncommon, during ...
  A: You should report the Internet fraud to the FTC as soon as possible. Your bank should be notified ...
AMEX Debt Collection Atty8/19/2008
  Q: I live in Arizona. In May 2008 I was contacted by a Debt Collection Atty for AMEX. I received a ...
  A: You can ask for validation and dispute the debt at any time. Send your letter to them certified and ...
bounced check8/19/2008
  Q: I had a customer that is a famous professional boxer. he purchased jewelry from me and wrote me a ...
  A: http://www.ckfraud.org/penalties.html Please see the above web site. In your case, the check was ...
Help8/19/2008
  Q: have Williams and Fudge on my tail telling me I owe Cadek Conservatory (a University music ...
  A: Your mother is responsible. Dispute this debt and demand validation of it from William and Fudge. ...
bounced check8/19/2008
  Q: I had a customer that is a famous professional boxer. he purchased jewelry from me and wrote me a ...
  A: Please tell me what state in which you reside. Just about every state has different laws governing ...
Hospital Bills8/18/2008
  Q: Like anybody else ...my Health Insurance didn't covered my delivery. So I have a total due of ...
  A: Are you saying that they called your home at 9:27 on a Sunday night? According to the FDCPA, this ...
debt8/18/2008
  Q: My mother has a bad debt and only receives social security and pension can they take any of her ...
  A: http://www.lloydmc.com/articles/in_collection_law_review.shtml You may find the above web site ...
Capitol One8/18/2008
  Q: In 2005 I rented a car from Hertz and used my COne card for the initial 'hold'. My maximum credit ...
  A: Cap One has several different type cards and with each card, a different set of "rules". To make ...
Doctor agrees to a physical now wants to...8/17/2008
  Q: My doctor agreed to bill an appointment on June 30, 08 as a free physical as required by my company ...
  A: I need just a little more information: do you have anything in writing, such as a discharge slip ...
student loan from 19888/16/2008
  Q: In 1988, I had a student loan out in NJ, and moved out of state (I am in FL). It is appearing as ...
  A: You should absolutely dispute this with the credit bureaus as well as the creditor. To the best of ...
Notice of right to cure default letter8/15/2008
  Q: Miller! In 2004 I purchased some furniture from Raymour and Flanagan. I was able to get instant ...
  A: A right to cure letter explains what your rights are to "cure" a past due debt or in other words pay ...
WI repossession garish wage laws8/15/2008
  Q: 2007 and in May 2008 the engine blew. I tried to contact the dealer and they relocated and cannot be ...
  A: Yes, they can garnish your wages at 20%, but the must have a judgement first. Without the ...
filing a lien8/14/2008
  Q: I paid a company in Missouri to make a pet toy/item. They had a fire and lost everything. Their ...
  A: In most all situations, the suit has to be filed in the defendant's home state. Here are the web ...
Collections8/14/2008
  Q: I received a call to day from a company that purchased an old account of mine from HSBC. They asked ...
  A: You recourse is to send the purchasing company a certified letter informing them that you dispute ...
Civil Action Court Summons8/13/2008
  Q: On August 3rd, I received a summons with no attorney name listed. Does a attorney name need to be ...
  A: I do not think you need anyone to help and I am not sure anyone on this web site can charge. I ...
judgement8/13/2008
  Q: i had a truck reposed in 1982 or 84 not sure ford filed a judgement, i now owe them over 19 thousand ...
  A: I need a little more information: What state do you live in? How long have your wages been ...
Civil Action Court Summons8/12/2008
  Q: On August 3rd, I received a summons with no attorney name listed. Does a attorney name need to be ...
  A: You do not have to hire anyone to get the information you need. All you have to do is sent the ...
garnish wages8/12/2008
  Q: About 5 years ago, my fiance acquired a personal loan with a loan co in NC. About a year ago, they ...
  A: If you fiance works in VA or another garnishment state, it is possible that they could garnish. If ...
Pay Day Loans8/11/2008
  Q: I have just found out that unless a payday company is registered with the State of Texas and abided ...
  A: I think I can help you with this. Contact the Texas Department of Consumer Affairs at: ...
CA8/11/2008
  Q: My college sent my unpaid bill to a CA. I set up a monthly payment with the CA. Now I find out that ...
  A: Only if the College informs them to do so. Most agencies will remove the entry once they close an ...
Intrest8/10/2008
  Q: When I was in the millitary, I opened a Military Star Cresit card. she used it till it maxed and I ...
  A: Florida Collection Agency Laws Following is some important information on Florida debt recovery ...
Insane Repossesion as a plan...8/10/2008
  Q: I am concerned that a close friend of mine who has recently purchased a property (owned it just a ...
  A: My employment positions have been that way for years, including FBI background checks due to being ...
JUDGEMENT I WON8/10/2008
  Q: QUESTION ,I WON A JUDGEMENT FROM A FAMILY MEMBER IN DEL. I WANTED TO KNOW IF I HAVE TO FILE IT IN A ...
  A: Ok, now that I know the state, give me until tomorrow to research this. I am sure I can find some ...
Statute Of Limitations8/9/2008
  Q: 8-9-08 I just received a bill from a collections bureau from my divorce in 1990. It is from The ...
  A: You do not tell me what state you live in and I have to assume you got a bill from a collection ...
Repo in 20008/8/2008
  Q: My husband had a car repossessed in 2000. It took about two years, but the account was paid in full ...
  A: I am not sure because you do not say what state you live in but, I can tell you that if this is the ...
Insane Repossesion as a plan...8/8/2008
  Q: I am concerned that a close friend of mine who has recently purchased a property (owned it just a ...
  A: I picked this question up out of the pool and will try to help. You are correct; a repossession, ...
Intrest8/7/2008
  Q: When I was in the millitary, I opened a Military Star Cresit card. she used it till it maxed and I ...
  A: I will be happy to try to help you with this but, I need a little more information. I assume the ...
Enforcing rights of FDCPA8/6/2008
  Q: I sent a fax to a collection agency advising all correspondence must be done in writing. I know ...
  A: A faxed letter should serve as notice since the FDCPA states that your request has to be in writing; ...
collection8/6/2008
  Q: I have great credit and purchased my own home three years ago, and have had numerous auto and credit ...
  A: The statute of limitations for civil actions in Colorado is three years and the longest something ...
JUDGEMENT I WON8/5/2008
  Q: QUESTION ,I WON A JUDGEMENT FROM A FAMILY MEMBER IN DEL. I WANTED TO KNOW IF I HAVE TO FILE IT IN A ...
  A: Dennis: Yours is a bit of a confusing matter but at the same time simple. The judgement should be ...
Civil Action on credit card8/5/2008
  Q: I live in Pennsylvania. I received a letter from the District Magistrate yesterday informing me ...
  A: Good Morning: According to the Pennsylvania garnishment laws, I located the following information: ...
judgment filed against me, I didnt respond and the have the wrong person8/5/2008
  Q: A judgment was filed and I was served and didn't respond. I called and told them they had the wrong ...
  A: Yes they can. In order to defend yourself, you have to be at the judgement hearing. It may be ...
Questions on New York Judgements8/4/2008
  Q: i presently have a judgement against me in New York for a credit debt i owe. Plus about 3 others who ...
  A: Mr. Gill: I have researched your situation and as far as I can tell, your primary mode of ...
collections8/4/2008
  Q: hi my ex skipped country over 4 years ago and owed alot of bills and credit cards in his own name am ...
  A: That depends on if you were co-owner of the card or an authorized user. If your name was not on the ...
Medical - Collections8/4/2008
  Q: I was told that it is illegal for medical claims to reported on your credit file by a collection ...
  A: To the best of my knowledge, if the debt is in your name, it can be placed on your credit history. ...
Questions on New York Judgements8/4/2008
  Q: i presently have a judgement against me in New York for a credit debt i owe. Plus about 3 others who ...
  A: I am still researching your issue. If you would be so kind as to give me one more bit of ...
Weekend Collection8/3/2008
  Q: Can a bill collector call on weekends after they have been asked not to do so?
  A: The only real way to stop calls from a collection agency is to put it in writing and explain that ...
Questions on New York Judgements8/3/2008
  Q: i presently have a judgement against me in New York for a credit debt i owe. Plus about 3 others who ...
  A: I would need further information to fully answer your question but, unless you have more than one ...
Negociating with Collection Agencies...8/1/2008
  Q: I am currently trying to clean up my credit report. It has some little stuff any where from 96 on up ...
  A: I found this question in the pool and will try to assist you since I work for an agency. The agency ...
collections on medical bill7/22/2008
  Q: My fiance and I clean for two very dear friends of ours, Martha and Arnold. They are on a fixed ...
  A: I picked up this question out of the pool and will try to help. You do not say what state you are ...

All Questions in This Category

Collections Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ray A Miller

Top Expert on this page

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

©2012 About.com, a part of The New York Times Company. All rights reserved.