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Collections Questions & Answers
1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Is it illegal to stop paying predatory loans with high APR in Michigan?

I have taken out two loans from what I believe are predatory loan operations in Michigan. Both loans have extremely high annual percentage rates, with one being 331.59%. These require bi-weekly payments. Due to these high rates, I simply cannot afford to continue repaying them. Is it illegal if I... View More

Robert Keyes
Robert Keyes
answered on May 20, 2026

Not that it makes any difference but I assume these are payday loans. FWIW many states prohibit them.

It is not illegal to stop paying them but you will likely get sued eventually. As a bankruptcy attorney I have filed a bankruptcy case for many clients to get rid of these types of...
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1 Answer | Asked in Collections, Consumer Law and Contracts for Texas on
Q: How to resolve car purchase cancellation with debt collector in Texas?

I signed papers to buy a car from BMW in Texas and did not take delivery. They agreed to cancel the purchase and refund my down payment. The salesman emailed me on April 21st about the refund. I had an emergency and stopped payment on May 6th before it was cashed on the 7th. Now, a debt collector... View More

Kyle M Kinzy
Kyle M Kinzy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2026

As a seasoned attorney, your first priority is to gather and preserve every piece of documentation you have, especially the April 21st email from the salesman confirming the cancellation and refund. That email is likely your strongest evidence that the deal was rescinded, and under Texas law an... View More

1 Answer | Asked in Bankruptcy, Business Law and Collections for Nevada on
Q: How to protect a co-signer from liability in a COVID EIDL loan in Nevada?

I was involved in a franchise that ended up being fraudulent, and my business in Nevada closed over 4 years ago. Because of this, I lost all my assets, including my home, due to an SBA 7(a) loan and an EIDL loan. For the COVID EIDL loan, I was approved under the condition that someone with stronger... View More

Joel Gary Selik
Joel Gary Selik
answered on May 16, 2026

Thank you for your question.

The first point from your question that stands out is the statement, “ I was assured that this individual would not be personally liable.” Issues are who told you this and what proof is there of the promise? There may be a case for the statement....
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1 Answer | Asked in Civil Litigation, Collections and Criminal Law for Virginia on
Q: Should I pursue a civil suit or criminal investigation for a neighbor with multiple fraud convictions who borrowed money and is moving states?

I loaned $1,600 to my neighbor, who then asked for an additional $1,500 the next day, which I provided. She requested three more similar loans within that month, which I declined. Despite having received a small repayment from her, collecting the full amount has been difficult. While drafting a... View More

Daniel P Leavitt
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answered on May 13, 2026

Hard to see how that's criminal. People can borrow money and not repay it and it's a civil issue. Sounds like if you sue the neighbor you would get a paper judgment but wouldn't collect. Maybe they have assets but it doesn't sound like it. Given the total amount was $3100 and... View More

1 Answer | Asked in Landlord - Tenant, Collections and Real Estate Law for Maryland on
Q: Can unlicensed apartments in Maryland collect rent?

I live in an apartment complex in Maryland that is not licensed, and I've been contacted by an attorney's office trying to collect a balance owed for rent. Can the apartment complex legally collect rent when they are not properly licensed? What should I do about this situation,... View More

Richard Sternberg
Richard Sternberg
answered on May 12, 2026

The landlord may, indeed, need to fix his registration in order to obtain a judgment, but most jurisdictions rule that to be a tax issue between the landlord and the government. You will still have a record of a lawsuit against you enforcing a lease, and diligent landlords will be far less... View More

1 Answer | Asked in Employment Law and Collections for Florida on
Q: How can I receive my unpaid wages for work done a month ago?

I worked for 5 hours at a job in Florida on April 1st, from 6am to 11:30am, with an agreed pay rate of $16 per hour. Due to a technical issue, I had to record my hours on paper, and no official clock-in account was created for me. It has been a month since I was supposed to receive payment. Despite... View More

Melissa C Mihok
Melissa C Mihok
answered on May 11, 2026

You are entitled to compensation for every hour worked, payable in the agreed-upon dates (i.e., weekly, bi-weekly, monthly, etc.). If the pay period has expired and they are not holding your first paycheck behind for any reason, you should have been paid. If they do not pay you, the company could... View More

1 Answer | Asked in Collections, Social Security and Public Benefits for Connecticut on
Q: Can they take my only car after a judgment in Connecticut?

I'm 79 years old and live in Connecticut. I have a judgment against me from a credit card debt involving LNVN Funding, which was decided two months ago. I have a car that my daughter bought for me and is paid in full, but it is in my name. I know I'm exempt from having my Social Security... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 10, 2026

As a general rule, yes. However, 2 things: it's possible that your car is exempt under Connecticut law and 2. (and more likely), LVNV Funding isn't interested in taking your car. LVNV is not an auto dealer or brokerage, it costs them money to take your car which it will not want to spend,... View More

1 Answer | Asked in Collections and Real Estate Law for Texas on
Q: How to remove a lien from my parents' home in Texas?

In 2006, I defaulted on a loan from a hard money lender and the lender seized and sold the property. Subsequently, the lender placed a lien on my parents' home, where I reside with them in Texas. We have not had any communication or negotiations with the lender regarding this lien. What steps... View More

John Michael Frick
John Michael Frick
answered on May 7, 2026

Your parents can file a motion to remove the lien under Section 53.160 of the Texas Property Code. A lien cannot attach to your parents' homestead based upon your hard money loan which was secured by your non-homestead property.

Unless your parents' personally guaranteed your...
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1 Answer | Asked in Collections, Contracts and Civil Litigation for Minnesota on
Q: What are my legal options to pursue a $4,000 debt from someone in NY?

I'm in Minnesota and I loaned someone $4,000 with the agreement that they would repay me by the end of April. The agreement was not in writing. They reside in New York, and as of now, I haven't received any payment. What are my legal options for pursuing this debt, and how can I proceed... View More

Robert Kane
Robert Kane
answered on May 6, 2026

New York small claims court would probably be a more straightforward proceeding. You may be able to sue here if the loan transaction or repayment obligation has sufficient contacts with Minnesota under Minn. Stat. § 543.19. Then you need to worry about collecting on the judgment too. Although the... View More

1 Answer | Asked in Collections and Civil Litigation for Tennessee on
Q: How to stop wage garnishment and recover funds from car lot in TN?

In 2012, a car lot in Tennessee began garnishing my paycheck for a debt they claimed I owed from a repossessed vehicle. I was unaware of this garnishment until it started, and it's making it difficult to pay my bills. I've tried communicating with them without resolution. What legal steps... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2026

You have been garnished for 14 years? Go to the Court that has issued the garnishment. Examine the judgment against you and the records of all payments collected. It may be paid already. Otherwise hire a lawyer to exempt your property that a creditor might want, to the largest extent... View More

1 Answer | Asked in Collections, Landlord - Tenant, Civil Litigation and Real Estate Law for Florida on
Q: How can I address lien and fees from missed HOA payments in FL?

Do I have legal grounds to request that the attorney's office accept late payment and fees based on my situation and not put a lien on my townhouse? The law office is attempting to collect CMA payments due, with now added lien fees, court fees, CMA dues, late and attorney fees totaling over... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 5, 2026

I'm sorry to hear about your father.

Unfortunately, there are no laws that protect owners from paying the legal fees and costs for collections for a personal hardship. The laws are unrelenting when it comes to collection of past due assessments and that is because associations...
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1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Texas on
Q: How can I contest disputed damage charges from my former apartment in Texas?

I'm currently dealing with an issue in Texas where my previous apartment is attempting to send me to collections for a total of $921.25 in damages I believe were not my responsibility. They are charging me for:

- Damage to the bed that was already present when I moved in.

-... View More

John Michael Frick
John Michael Frick
answered on May 5, 2026

You can refuse to pay anything, and wait to see if your former landlord sues you. Or you can proactively file a suit for declaratory judgment seeking a declaration that you do not owe the disputed charges.

With respect to damages which existed when you moved in, you should show...
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1 Answer | Asked in Arbitration / Mediation Law, Social Security, Collections and Public Benefits for Florida on
Q: How to protect Social Security funds from garnishment due to missed mediation with Capital One?

I have a court mediation appointment regarding a matter with Capital One, but I cannot attend the mediation. I am concerned this might lead to a final judgment for garnishment against me. My only source of income is Social Security, which is barely enough to get by each month, and I'm... View More

Andrey Mangushev
Andrey Mangushev
answered on Apr 30, 2026

Social Security benefits are among the most protected forms of income under federal law. Under 42 U.S.C. Sec. 407, Social Security benefits are generally exempt from garnishment, attachment, or other legal process. This federal protection applies regardless of any state court judgment. Even if... View More

2 Answers | Asked in Social Security, Collections, Gov & Administrative Law, Elder Law and Public Benefits for Florida on
Q: Can our SS income-only bank account be garnished for a debt judgment in Florida?

My husband is elderly, on Social Security income only, and is being sued for an uncollected debt by Capital One. We have a mediation scheduled for May 12th in Florida, but due to health issues, he's unable to attend, and I am his POA. We own our mobile home, but the lot rent consumes half of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 29, 2026

No. SSI is exempt from garnishment. The creditor cannot intercept your SS payment, nor can it take the payment from your bank account unless it obtains a final judgment of garnishment. The creditor cannot foreclose or take your house, but if it obtains judgment, can record the judgement to act as a... View More

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2 Answers | Asked in Social Security, Collections, Gov & Administrative Law, Elder Law and Public Benefits for Florida on
Q: Can our SS income-only bank account be garnished for a debt judgment in Florida?

My husband is elderly, on Social Security income only, and is being sued for an uncollected debt by Capital One. We have a mediation scheduled for May 12th in Florida, but due to health issues, he's unable to attend, and I am his POA. We own our mobile home, but the lot rent consumes half of... View More

Andrey Mangushev
Andrey Mangushev
answered on May 1, 2026

Social Security benefits are generally protected from garnishment by private creditors under federal law, specifically 42 U.S.C. § 407, which provides that Social Security benefits are not subject to levy, execution, or garnishment. This protection extends to funds in a bank account if those funds... View More

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1 Answer | Asked in Collections and Civil Litigation for Nevada on
Q: How can I file for garnishment after a default judgment in Nevada?

I have a default judgment against a client, issued by the Clark County District Court, for a total amount of $165,000, which they have not paid. I would like to file for garnishment against their customers to recover this amount. Could you guide me on how to proceed with filing for garnishment and... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 29, 2026

Clark county has forms online.

One way to determine assets is a debtors exam.

There are many tools and techniques of judgment collection, including debtor examinations, written discovery, liens, levies and garnishments. The particular facts and the knowledge you have or can...
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1 Answer | Asked in Collections, Probate, Public Benefits and Elder Law for Florida on
Q: Should I respond to a collection agency about my deceased husband's medical debt?

I am an 82-year-old resident of Florida, and my husband passed away in January 2026 in a hospital hospice facility. Recently, I received a letter from a collection agency asking for the contact details of the person responsible for his debt. There was no will, and I haven't communicated with... View More

Andrey Mangushev
Andrey Mangushev
answered on Apr 28, 2026

As an 82-year-old surviving spouse in Florida, you are generally not personally liable for your deceased husband's medical debts unless you were a co-signatory on the debt or otherwise legally obligated under the terms of the agreement with the hospital. Under Florida law, a surviving spouse... View More

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Should I choose bankruptcy or debt settlement for my $45,000 debt in Ohio?

I am in Ohio and have accumulated $45,000 in debt across three credit cards and two personal loans. Although I am current on all payments, my financial situation is becoming tight. I am exploring all options, including bankruptcy and debt settlement, but have not yet taken any action like... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 27, 2026

Both bankruptcy filing and credit counseling are serious steps, and both require full disclosure of your financial situation, all assets and debts and your current, past and future income. You offer far too little for anyone to offer any solutions to your needs.

Two key differences impact...
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1 Answer | Asked in Collections and Civil Litigation for Florida on
Q: How do I find out how much I owe Jefferson Capital Systems if I'm being sued?

I recently discovered that I'm being sued by Jefferson Capital Systems, but I need clarification on how much I owe them. I have received a case number (2026052297SP23) but haven't received any formal complaint or court summons regarding this lawsuit yet. I haven't made any payments... View More

Andrey Mangushev
Andrey Mangushev
answered on Apr 25, 2026

When you are sued by a debt collector such as Jefferson Capital Systems, you have several rights under both federal and Florida law that can help you obtain information about the amount claimed and challenge the lawsuit if appropriate. First, under the federal Fair Debt Collection Practices Act... View More

1 Answer | Asked in Small Claims and Collections for Massachusetts on
Q: Can I recover a $5,000 debt in small claims court without written proof?

I'm in Massachusetts, and I need to know the chances of recovering a $5,000 debt I lent to a friend in cash for her daughter's wedding. Unfortunately, there was no written agreement, and she now denies receiving the money. I'm concerned about my ability to collect this debt through... View More

Joseph Perl
Joseph Perl
answered on Apr 23, 2026

Although it's better to have written proof, this is not the type of contract that must be in writing (unlike a contract for the sale of real estate). You can present other evidence including your own testimony, testimony of other witnesses. It would be nice if you also had text messages or... View More

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