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Collections Law/Questions
| Subject | Date Asked | Expert |
| Adjusted balance sent to collections | 8/25/2011 | Bankruptcy Services |
| Q: I had a disputed balance with Utah Helicopter. While disputing it they sent it to collections. I was ... A: Since they refuse to drop your lawsuit, that is the first step - and to do that you have to give ... | ||
| Explaning Judgement Proof Status | 8/25/2011 | Ray A Miller |
| 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 ... | ||
| past medical bills | 8/25/2011 | Michael T. Hertz |
| Q: Ok so heres what I am facing: Yesterday, I received a notice from the credit bureau here in my town ... A: To garnish wages, they need to file a lawsuit and get a judgment against you. Before you start ... | ||
| collections | 8/25/2011 | Ray A Miller |
| 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 Union | 8/22/2011 | Ray A Miller |
| 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 ... | ||
| Credit | 8/22/2011 | Ray A Miller |
| 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 judgment | 8/21/2011 | Ray A Miller |
| 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 ... | ||
| Not Sure How To Proceed With Unifund Judgement | 8/19/2011 | Steve Katz |
| Q: I learned Unifund had gotten a default judgement against me when I received a notice from my bank ... A: The first thing I would do is get a second opinion about the Motion to Vacate. In many States the ... | ||
| judgement from American Express | 8/18/2011 | Bankruptcy Services |
| Q: I have a lien on my in 2007 property and would like to either get it removed or settled. I was given ... A: Rather than go on a technicality dealing with how American Express was named (which may or may not ... | ||
| Debt passed state's SOL | 8/17/2011 | Ray A Miller |
| 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 Suit | 8/17/2011 | Ray A Miller |
| 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 Suit | 8/16/2011 | Ray A Miller |
| 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 ... | ||
| SOL's | 8/14/2011 | Bankruptcy Services |
| Q: How do you determine when the SOL begins on community credit card debt after divorce, on a credit ... A: How do you determine when the SOL begins on community credit card debt after divorce, on a credit ... | ||
| Collection on a paid debt | 8/13/2011 | Bankruptcy Services |
| Q: I am being served papers from a collections lawyer again!!! The debt was paid for 10% of the total ... A: Under the circumstances you describe, and since you have documentation to back up your position that ... | ||
| garnishment | 8/12/2011 | Michael T. Hertz |
| Q: i had a judgement against me for 6606.13 and my wages were garnished taking 108.00 per week i can ... A: To have a judgment against you, the creditor would have had to serve you with a complaint. If they ... | ||
| Medical Billing/Collections | 8/11/2011 | Ray A Miller |
| 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 bill | 8/10/2011 | Ray A Miller |
| 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/collection | 8/9/2011 | Ray A Miller |
| 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 debt | 8/8/2011 | Ray A Miller |
| 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 ... | ||
| Judgement against me | 8/5/2011 | Chris Ebert |
| Q: If you start paying on a judgement and stop do to a hardship will the amount you owe be adjusted. I ... A: Reba, They should credit your account with the payments made. I do not think it is appropriate to ... | ||
| apartment lease | 8/5/2011 | Bankruptcy Services |
| Q: In Oct. 2010 my fiancee an I moved ito our first apartment. We lived with our parents so we wanted ... A: This problem will be easy to fix and I won't charge you anything to do so. Call me when it is ... | ||
| medical collections lawsuit | 8/4/2011 | Ray A Miller |
| 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 garnishment | 8/4/2011 | Ray A Miller |
| 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 ... | ||
| payday advance | 8/4/2011 | Bankruptcy Services |
| Q: got a payday advance in 2008 in california. wasnt able to repay it, now a law firm in minnesota has ... A: don't pay them anything not a dime call me and I can explain I will not charge you just to ... | ||
| Post Judgement Interrogatories | 8/3/2011 | Ray A Miller |
| 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 summons | 8/2/2011 | Ray A Miller |
| 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 Bills | 7/28/2011 | Ray A Miller |
| 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 ... | ||
| SOL | 7/27/2011 | Steve Katz |
| Q: I moved from Arizona to New York. Ex wife remains in Arizona and we have a personal loan we both ... A: Your understanding of the SOL and tolling of the SOL is correct. There is absolutely nothing a ... | ||
| SOL | 7/27/2011 | Steve Katz |
| Q: I moved from Arizona to New York. Ex wife remains in Arizona and we have a personal loan we both ... A: Any payment extends the SOL because the SOL attaches to the debt, not to a person. Since the SOL in ... | ||
| SOL | 7/27/2011 | Jason Shear, Esq. |
| Q: I moved from Arizona to New York. Ex wife remains in Arizona and we have a personal loan we both ... A: James: Good question. No, you are not responsible. A payment by one co-debtor does not revive the ... | ||
| Lawsuit dropped and now in collections for hospital bills | 7/26/2011 | Bankruptcy Services |
| 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: Your options are limited at this point because the civil lawsuit was dropped. However, you are not ... | ||
| Interest charged after going to collections | 7/25/2011 | Michael T. Hertz |
| Q: A garden/nursery company sent our business to collections for unpaid invoices. Since then we have ... A: If their account agreement with you provides for interest being charged, then they can charge it ... | ||
| Corporate credit card liability issue | 7/21/2011 | Chris Ebert |
| Q: Ebert, In 2005, I became involved in a small startup, a California C Corporation. Shortly after ... A: Peter, That is the attractive item about Capital One and Chase business credit cards. When times ... | ||
| Debt collector | 7/20/2011 | Michael T. Hertz |
| Q: Had an account with US Bank that I owed $300 on. They charged me over twice as much in overdraft ... A: You should certainly file a timely answer and go to the court hearing, raising anything you think ... | ||
| Collection Agency | 7/20/2011 | Ray A Miller |
| 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 ... | ||
| collection call for over draft checking account | 7/19/2011 | Bankruptcy Services |
| Q: I had an account with BOA in 2006 which was over drawn by a merchant by $750 over a short period of ... A: Depending on what state you live in, if they did file a lawsuit, you may be able to get this case ... | ||
| I received a default judgement | 7/19/2011 | Steve Katz |
| Q: If I was never served and did not have knowledge of court date how do I prove this attorney lied to ... A: You need to go to the Court that issued the Default Judgment and look at the entire case file. Pay ... | ||
| Corporate credit card liability issue | 7/19/2011 | Chris Ebert |
| Q: Ebert, In 2005, I became involved in a small startup, a California C Corporation. Shortly after ... A: Peter, I hate to say but sometimes the best thing is to do nothing. When contacted, send a dispute ... | ||
| Lien | 7/18/2011 | Steve Katz |
| Q: If 2 people agree that there is a debt and one is willing to allow a lein against his property , ... A: A lien against property is perfected (recorded) by filing papers announcing the lien with your ... | ||
| small claims summons/money due | 7/14/2011 | Ray A Miller |
| 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 ... | ||
Collections Law
Answers by Expert:
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
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